Common use of Investment Opportunities Clause in Contracts

Investment Opportunities. The Advisor shall use its commercially reasonable efforts to present to the Company and the Operating Partnership a number of potential investment opportunities appropriate for the portfolio of the Company and the Operating Partnership 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 or the Operating Partnership even if the opportunity is of a character that, if presented to the Company or the Operating Partnership, could be taken by the Company or the Operating Partnership. In the event an investment opportunity is located, the allocation method set forth in the most recent Prospectus for Shares shall govern the allocation of the opportunity among the Company and the Operating Partnership, on the one hand, and other competing investment entities, on the other hand, and the Advisor shall use its best efforts to apply such allocation method fairly to the Company; provided any changes to the allocation method shall be presented in advance and approved by the Board, including a majority of the Independent Directors. The Advisor shall report to the Board the existence of any condition or circumstance, existing or anticipated of which is has knowledge, which creates or could create a conflict of interest between the Advisor’s obligations to the Company and the Operating Partnership and its obligations to or its interest in any other Person. The Advisor or its Affiliates shall promptly disclose to the Board knowledge of such condition or circumstance.

Appears in 10 contracts

Samples: Advisory Agreement (RREEF Property Trust, Inc.), Advisory Agreement (RREEF Property Trust, Inc.), Advisory Agreement (RREEF Property Trust, Inc.)

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!