Common use of Investment Opportunities and Allocation Clause in Contracts

Investment Opportunities and Allocation. The Advisor shall be required to use commercially reasonable efforts to present a continuing and suitable investment program to the Company that is consistent with the investment policies and objectives of the Company, but neither the Advisor nor any Affiliate of the Advisor shall be obligated generally to present any particular investment opportunity to the Company even if the opportunity is of character that, if presented to the Company, could be taken by the Company. In the event an investment opportunity is located, the allocation procedure set forth under the caption “Conflicts of Interest – Certain Conflict Resolution Measures – Allocation of Investment Opportunities” in the Registration Statement shall govern the allocation of the opportunity among the Company and Affiliates of the Advisor.

Appears in 48 contracts

Samples: Advisory Agreement (KBS Real Estate Investment Trust II, Inc.), Advisory Agreement (Resource Real Estate Opportunity REIT II, Inc.), Advisory Agreement (KBS Real Estate Investment Trust II, Inc.)

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Investment Opportunities and Allocation. The Advisor shall be required to use commercially reasonable efforts to present a continuing and suitable investment program to the Company that is consistent with the investment policies and objectives of the Company, but neither the Advisor nor any Affiliate of the Advisor shall be obligated generally to present any particular investment opportunity to the Company even if the opportunity is of character that, if presented to the Company, could be taken by the Company. In the event an investment opportunity is located, the allocation procedure set forth under the caption “Conflicts of Interest - Certain Conflict Resolution Measures - Allocation of Investment Opportunities” in the Registration Statement shall govern the allocation of the opportunity among the Company and Affiliates of the Advisor.

Appears in 11 contracts

Samples: Advisory Agreement (KBS Real Estate Investment Trust II, Inc.), Advisory Agreement (KBS Strategic Opportunity REIT, Inc.), Advisory Agreement (KBS Strategic Opportunity REIT, Inc.)

Investment Opportunities and Allocation. The Advisor shall be required to use commercially reasonable efforts to present a continuing and suitable investment program to the Company that is consistent with the investment policies and objectives of the Company, but neither the Advisor nor any Affiliate of the Advisor shall be obligated generally to present any particular investment opportunity to the Company even if the opportunity is of character that, if presented to the Company, could be taken by the Company. In the event an investment opportunity is located, the allocation procedure set forth under the caption “Conflicts of Interest – Certain Conflict Resolution Measures – Resolution of Potential Conflicts of Interest in Allocation of Investment Opportunities” in the Registration Statement shall govern the allocation of the opportunity among the Company and Affiliates of the Advisor.

Appears in 11 contracts

Samples: Advisory Agreement (Hartman vREIT XXI, Inc.), Advisory Agreement (Resource Income Opportunity REIT, Inc.), Advisory Agreement (Hartman vREIT XXI, Inc.)

Investment Opportunities and Allocation. The Advisor shall be required to use commercially reasonable efforts to present a continuing and suitable investment program to the Company that is consistent with the investment policies and objectives of the Company, but neither the Advisor nor any Affiliate of the Advisor shall be obligated generally to present any particular investment opportunity to the Company even if the opportunity is of character that, if presented to the Company, could be taken by the Company. In the event an investment opportunity is located, the allocation procedure set forth under the caption “Conflicts of Interest – Certain Conflict Resolution Measures Procedures – Allocation of Investment Opportunities” in the Registration Statement shall govern the allocation of the opportunity among the Company and Affiliates of the Advisor.

Appears in 8 contracts

Samples: Advisory Agreement (KBS Real Estate Investment Trust, Inc.), Advisory Agreement (KBS Real Estate Investment Trust, Inc.), Advisory Agreement (KBS Real Estate Investment Trust, Inc.)

Investment Opportunities and Allocation. The Advisor shall be required to use commercially reasonable efforts to present a continuing and suitable investment program to the Company that is consistent with the investment policies and objectives of the Company, but neither the Advisor nor any Affiliate of the Advisor shall be obligated generally to present any particular investment opportunity to the Company even if the opportunity is of character that, if presented to the Company, could be taken by the Company. In the event an investment opportunity is located, the allocation procedure set forth under the caption “Conflicts of Interest – Certain Conflict Resolution Measures – Allocation of Investment Opportunities” in the Registration Statement or, as applicable, the most recently effective registration statement for the sale of the Company’s Shares, shall govern the allocation of the opportunity among the Company and Affiliates of the Advisor.

Appears in 7 contracts

Samples: Advisory Agreement (KBS Real Estate Investment Trust III, Inc.), Advisory Agreement (KBS Real Estate Investment Trust III, Inc.), Advisory Agreement (KBS Real Estate Investment Trust III, Inc.)

Investment Opportunities and Allocation. The Advisor shall be required to use commercially reasonable efforts to present a continuing and suitable investment program to the Company that is consistent with the investment policies and objectives of the Company, but neither the Advisor nor any Affiliate of the Advisor shall be obligated generally to present any particular investment opportunity to the Company even if the opportunity is of character that, if presented to the Company, could be taken by the Company. In the event an investment opportunity is located, the allocation procedure set forth under the caption “Conflicts of Interest - Certain Conflict Resolution Measures - Allocation of Investment Opportunities” in the Registration Statement or, as applicable, the most recently effective registration statement for the sale of the Company’s Shares, shall govern the allocation of the opportunity among the Company and Affiliates of the Advisor.

Appears in 3 contracts

Samples: Advisory Agreement (KBS Real Estate Investment Trust III, Inc.), Advisory Agreement (KBS Real Estate Investment Trust III, Inc.), Advisory Agreement (KBS Real Estate Investment Trust III, Inc.)

Investment Opportunities and Allocation. The Advisor shall be required to use commercially reasonable efforts to present a continuing and suitable investment program to the Company that is consistent with the investment policies and objectives of the Company, but neither the Advisor nor any Affiliate of the Advisor shall be obligated generally to present any particular investment opportunity to the Company even if the opportunity is of character that, if presented to the Company, could be taken by the Company. In the event an investment opportunity is located, the allocation procedure set forth under the caption "Conflicts of Interest – Certain Conflict Resolution Measures – Allocation of Investment Opportunities" in the Registration Statement shall govern the allocation of the opportunity among the Company and Affiliates of the Advisor.

Appears in 2 contracts

Samples: Advisory Agreement (Plymouth Opportunity REIT Inc.), Advisory Agreement (Plymouth Opportunity REIT Inc.)

Investment Opportunities and Allocation. The Advisor shall be required to use commercially reasonable efforts to present a continuing and suitable investment program to the Company that which is consistent with the investment policies and objectives of the Company, but neither the Advisor nor any Affiliate of the Advisor shall be obligated generally to present any particular investment opportunity to the Company even if the opportunity is of character thatwhich, if presented to the Company, could be taken by the Company. In the event an investment opportunity is located, the allocation procedure set forth under the caption "Conflicts of Interest – Certain Conflict Resolution Measures – Interest--Allocation of Investment Opportunities" in the Registration Statement Prospectus shall govern the allocation of the opportunity among the Company and Affiliates of the Advisor.

Appears in 2 contracts

Samples: Management Agreement (Berkeley Income Trust, Inc.), Management Agreement (Berkeley Income Trust, Inc.)

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Investment Opportunities and Allocation. The Advisor shall be required to use commercially reasonable efforts to present a continuing and suitable investment program to the Company that is consistent with the investment policies and objectives of the Company, but neither the Advisor nor any Affiliate of the Advisor shall be obligated generally to present any particular investment opportunity to the Company even if the opportunity is of character that, if presented to the Company, could be taken by the Company. In the event an investment opportunity is located, the allocation procedure set forth under the caption “Conflicts of Interest – Certain Conflict Resolution Measures – Allocation of Investment Opportunities” in the Registration Statement shall govern the allocation of the opportunity among the Company and Affiliates of the Advisor.. EAST\126876847.2

Appears in 1 contract

Samples: Advisory Agreement (KBS Real Estate Investment Trust, Inc.)

Investment Opportunities and Allocation. The Advisor shall be required to use commercially reasonable efforts to present a continuing and suitable investment program to the Company that is consistent with the investment policies and objectives of the Company, but neither the Advisor nor any Affiliate of the Advisor shall be obligated generally to present any particular investment opportunity to the Company even if the opportunity is of character that, if presented to the Company, could be taken by the Company. In the event an investment opportunity is located, the allocation procedure set forth under the caption “Conflicts of Interest – Certain Conflict EAST\126876847.2 Resolution Measures – Allocation of Investment Opportunities” in the Registration Statement shall govern the allocation of the opportunity among the Company and Affiliates of the Advisor.

Appears in 1 contract

Samples: Advisory Agreement (KBS Real Estate Investment Trust, Inc.)

Investment Opportunities and Allocation. The Advisor shall be required to use commercially reasonable efforts to present a continuing and suitable investment program to the Company that which is consistent with the investment policies and objectives of the Company, but neither the Advisor nor any Affiliate of the Advisor shall be obligated generally to present any particular investment opportunity to the Company even if the opportunity is of character thatwhich, if presented to the Company, could be taken by the Company. In the event an investment opportunity is located, the allocation procedure set forth under the caption "Conflicts of Interest – Certain Conflict Resolution Measures – Allocation -- Competitive Activities of Investment Opportunities” Hines and its Affiliates" in the Registration Statement Prospectus shall govern the allocation of the opportunity among the Company and Affiliates of the Advisor.

Appears in 1 contract

Samples: Advisory Agreement (Hines Real Estate Investment Trust Inc)

Investment Opportunities and Allocation. The Advisor shall be required to use commercially reasonable efforts to present a continuing and suitable investment program to the Company that is consistent with the investment policies and objectives of the Company, but neither the Advisor nor any Affiliate of the Advisor shall be obligated generally to present any particular investment opportunity to the Company even if the opportunity is of character that, if presented to the Company, could be taken by the Company. In the event an investment opportunity is located, the allocation procedure set forth under the caption “Conflicts of Interest Certain Conflict Resolution Measures Allocation of Investment Opportunities” in the Registration Statement shall govern the allocation of the opportunity among the Company and Affiliates of the Advisor.

Appears in 1 contract

Samples: Advisory Agreement (Plymouth Opportunity REIT Inc.)

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