Common use of Loans from Affiliates Clause in Contracts

Loans from Affiliates. If any loans are made to the Company by an Affiliate of the Advisor, the maximum amount of interest that may be charged by such Affiliate shall be the lesser of (i) 1% above the prime rate of interest charged from time to time by The Bank of New York and (ii) the rate that would be charged to the Company by unrelated lending institutions on comparable loans for the same purpose. The terms of any such loans shall be no less favorable than the terms available between non-Affiliated Persons for similar commercial loans.

Appears in 50 contracts

Samples: Advisory Agreement (Orange Hospitality, INC), Advisory Agreement (CNL Income Properties Inc), Advisory Agreement (Orange Hospitality, INC)

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Loans from Affiliates. If any loans are made to the Company by the Advisor or an Affiliate of the Advisor, the maximum amount of interest that may be charged by such Affiliate shall be the lesser of (i) 1% one percent above the prime rate of interest charged from time to time by published in The Bank of New York Wall Street Journal and (ii) the rate that would be charged to the Company by unrelated lending institutions on comparable loans for the same purposepurpose in the locality of the Property. The terms of any such loans shall be no less favorable than the terms available between non-Affiliated Persons for similar commercial loans.

Appears in 11 contracts

Samples: Advisory Agreement (Corporate Property Associates 15 Inc), Advisory Agreement (Corporate Property Associates 15 Inc), Advisory Agreement (Corporate Property Associates 16 Inc)

Loans from Affiliates. If any loans are made to the Company by an Affiliate of the Advisor, the maximum amount of interest that may be charged by such Affiliate shall be the lesser of (i) 1% above the prime rate of interest charged from time to time by The Bank of New York the principal bank then used by the Company and (ii) the rate that would be charged to the Company by unrelated lending institutions on comparable loans for the same purpose. The terms of any such loans shall be no less favorable than the terms available between non-Affiliated Persons for similar commercial loans.

Appears in 5 contracts

Samples: Advisory Agreement (Dividend Capital Trust Inc), Advisory Agreement (Dividend Capital Trust Inc), Advisory Agreement (Dividend Capital Trust Inc)

Loans from Affiliates. If any loans are made to the Company by an Affiliate of the Advisor, the maximum amount of interest that may be charged by such Affiliate shall be the lesser of (i) 11.0% above the prime rate of interest charged from time to time by The Bank of New York and (ii) the rate that would be charged to the Company by unrelated lending institutions on comparable loans for the same purpose. The terms of any such loans shall be no less favorable than the terms available between non-Affiliated Persons for similar commercial loans.

Appears in 5 contracts

Samples: Form of Advisory Agreement (Wells Real Estate Investment Trust Ii Inc), Form of Advisory Agreement (Wells Real Estate Investment Trust Iii Inc), Advisory Agreement (Wells Real Estate Investment Trust Inc)

Loans from Affiliates. If any loans are made to the Company by an Affiliate of the Advisor, the maximum amount of interest that may be charged by such Affiliate shall be the lesser of (i) 1% above the prime rate of interest charged from time to time by [The Bank of New York York] and (ii) the rate that would be charged to the Company by unrelated lending institutions on comparable loans for the same purpose. The terms of any such loans shall be no less favorable than the terms available between non-Affiliated Persons for similar commercial loans.

Appears in 2 contracts

Samples: Advisory Agreement (Wells Real Estate Investment Trust Inc), Advisory Agreement (Wells Real Eastate Investment Trust Inc)

Loans from Affiliates. If any loans are made to the Company Trust by an Affiliate of the Advisor, the maximum amount of interest that may be charged by such Affiliate shall be the lesser of (i) 1% above the prime rate of interest charged from time to time by The Bank of New York the principal bank then used by the Trust and (ii) the rate that would be charged to the Company Trust by unrelated lending institutions on comparable loans for the same purpose. The terms of any such loans shall be no less favorable than the terms available between non-Affiliated Persons for similar commercial loans.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Fidelity Property Income Trust), Investment Advisory Agreement (Fidelity Property Income Trust)

Loans from Affiliates. If any loans are made to the Company by the Advisor or an Affiliate of the Advisor, the maximum amount of interest that may be charged by such Affiliate shall be the lesser of (i) 1% above the prime rate of interest charged from time to time by The Bank of New York and (ii) the rate that would be charged to the Company by unrelated lending institutions on comparable loans for the same purposepurpose in the locality of the Property. The terms of any such loans shall be no less favorable than the terms available between non-Affiliated Persons for similar commercial loans.

Appears in 2 contracts

Samples: Advisory Agreement (Corporate Property Associates 12 Inc), Advisory Agreement (Corporate Property Associates 14 Inc)

Loans from Affiliates. If any loans are made to the Company by the Advisor or an Affiliate of the AdvisorAffiliate, the maximum amount of interest that may be charged by such Affiliate shall be the lesser of (i) 1% above the prime rate of interest charged from time to time by The Bank of New York and (ii) the rate that would be charged to the Company by unrelated lending institutions on comparable loans for the same purpose. The terms of any such loans shall be no less favorable than the terms available between non-Affiliated Persons for similar commercial loans.

Appears in 1 contract

Samples: Advisory Agreement (CNL Hospitality Properties II, Inc.)

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Loans from Affiliates. If any loans are made to the Company by an Affiliate of the Advisor, the maximum amount of interest that may be charged by such Affiliate shall be the lesser of (i) 1% above the prime rate of interest charged from time to time by The Bank of New York and (ii) the rate that would be charged to principal bank then used by the Company by unrelated lending institutions on comparable loans for the same purpose. The terms of any such loans shall be no less favorable than the terms available between non-Affiliated Persons for similar commercial loans.and

Appears in 1 contract

Samples: Advisory Agreement (Dividend Capital Inc)

Loans from Affiliates. If any loans are made to the Company by the Subadvisor or an Affiliate of the AdvisorAffiliate, the maximum amount of interest that may be charged by such Affiliate shall be the lesser of (i) 1% above the prime rate of interest charged from time to time by The Bank of New York and (ii) the rate that would be charged to the Company by unrelated lending institutions on comparable loans for the same purpose. The terms of any such loans shall be no less favorable than the terms available between non-Affiliated Persons for similar commercial loans.

Appears in 1 contract

Samples: Subcontract Agreement (CNL Hospitality Properties II, Inc.)

Loans from Affiliates. If any loans are made to the Company by an Affiliate of the Advisor, the maximum amount of interest that may be charged by such Affiliate shall be the lesser of (i) 1% above the prime rate of interest charged from time to time by The Bank of New York and (ii) the rate that would be charged to the Company by unrelated lending institutions on comparable loans for the same purpose. The terms of any such loans shall be no less favorable than the terms available between non-Affiliated Persons for similar commercial loans.and

Appears in 1 contract

Samples: Advisory Agreement (CNL Income Properties Inc)

Loans from Affiliates. If any loans are made to the Company by an Affiliate of the Advisor, the maximum amount of interest that may be charged by such Affiliate shall be the lesser of (i) 11.0% above the prime rate of interest charged from time to time by The Bank of New York America, N.A. and (ii) the rate that would be charged to the Company by unrelated lending institutions on comparable loans for the same purpose. The terms of any such loans shall be no less favorable than the terms available between non-Affiliated Persons for similar commercial loans.

Appears in 1 contract

Samples: Advisory Agreement (Behringer Harvard Real Estate Investment Trust I Inc)

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