Common use of Investment Opportunities and Allocation Clause in Contracts

Investment Opportunities and Allocation. The Manager shall be required to use commercially reasonable efforts to present a continuing and suitable investment program to the Park View Entities that is consistent with the investment policies and objectives of the Company, but neither the Manager nor any Affiliate of the Manager shall be obligated generally to present any particular Investment opportunity to the Park View Entities even if the opportunity is of character that, if presented to the Park View Entities, could be taken by the Park View Entities. The Park View Entities shall not make any Investment unless the Manager has recommended the Investment to the Park View Entities. The Manager shall be required to notify the Board at least annually of investments that have been purchased by other entities managed by the Manager or its Affiliates for determination by the Board that the Manager is fairly presenting investment opportunities to the Park View Entities. In the event an investment opportunity is located, the allocation procedure set forth under the caption “Conflicts of Interest and Related Party Transactions–Our Affiliates’ Interests in Other Park View Entities–Allocation of Investment Opportunities” in the Offering Statement shall govern the allocation of the opportunity among the Park View Entities and other entities managed by the Manager or its Affiliates.

Investment Opportunities and Allocation. The Manager shall be required to use commercially reasonable efforts to present a continuing and suitable investment program to the Park View AHP Entities that is consistent with the investment policies and objectives of the Company, but neither the Manager nor any Affiliate of the Manager shall be obligated generally to present any particular Investment opportunity to the Park View AHP Entities even if the opportunity is of character that, if presented to the Park View AHP Entities, could be taken by the Park View AHP Entities. The Park View AHP Entities shall not make any Investment unless the Manager has recommended the Investment to the Park View AHP Entities. The Manager shall be required to notify the Board at least annually of investments that have been purchased by other entities managed by the Manager or its Affiliates for determination by the Board that the Manager is fairly presenting investment opportunities to the Park View AHP Entities. In the event an investment opportunity is located, the allocation procedure set forth under the caption “Conflicts of Interest and Related Party Transactions–– Our Affiliates’ Interests in Other Park View Entities–AHP Entities – Allocation of Investment Opportunities” in the Offering Statement shall govern the allocation of the opportunity among the Park View AHP Entities and other entities managed by the Manager or its Affiliates.