Common use of Loans from Affiliates Clause in Contracts

Loans from Affiliates. The Company shall not borrow funds from the Advisor or its Affiliates unless (A) the transaction is approved by a majority of the Independent Directors and a majority of the Directors who are not interested in the transaction as being fair, competitive and commercially reasonable, (B) the interest and other financing charges or fees received by the Advisor or its Affiliates do not exceed the amount which would be charged by non-affiliated lending institutions and (C) the terms are not less favorable than those prevailing for comparable arm's-length loans for the same purpose. The Company will not borrow on a long-term basis from the Advisor or its Affiliates unless it is to provide the debt portion of a particular investment and the Company is unable to obtain a permanent loan at that time or in the judgment of the Board, it is not in the Company's best interest to obtain a permanent loan at the interest rates then prevailing and the Board has reason to believe that the Company will be able to obtain a permanent loan on or prior to the end of the loan term provided by the Advisor or its Affiliates.

Appears in 13 contracts

Samples: Advisory Agreement (Carey W P & Co LLC), Advisory Agreement (Carey W P & Co LLC), Advisory Agreement (Carey W P & Co LLC)

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Loans from Affiliates. The Company shall not borrow funds from the Advisor or its Affiliates unless (A) the transaction is approved by a majority of the Independent Directors and a majority of the Directors who are not interested in the transaction as being fair, competitive and commercially reasonable, (B) the interest and other financing charges or fees received by the Advisor or its Affiliates do not exceed the amount which would be charged by non-affiliated lending institutions and (C) the terms are not less favorable than those prevailing for comparable arm'sarm’s-length loans for the same purpose. The Company will not borrow on a long-term basis from the Advisor or its Affiliates unless it is to provide the debt portion of a particular investment and the Company is unable to obtain a permanent loan at that time or in the judgment of the Board, it is not in the Company's ’s best interest to obtain a permanent loan at the interest rates then prevailing and the Board has reason to believe that the Company will be able to obtain a permanent loan on or prior to the end of the loan term provided by the Advisor or its Affiliates.

Appears in 6 contracts

Samples: Advisory Agreement (Carey W P & Co LLC), Advisory Agreement (Corporate Property Associates 16 Global Inc), Advisory Agreement (Carey W P & Co LLC)

Loans from Affiliates. The Company shall not borrow funds from the Advisor Manager or its Affiliates unless (A) the transaction is approved by a majority of the Independent Directors and a majority of the Directors who are not interested in the transaction as being fair, competitive and commercially reasonable, (B) the interest and other financing charges or fees received by the Advisor Manager or its Affiliates do not exceed the amount which would be charged by non-affiliated lending institutions and (C) the terms are not less favorable than those prevailing for comparable arm's-length loans for the same purpose. The Company will not borrow on a long-term basis from the Advisor Manager or its Affiliates unless it is to provide the debt portion of a particular investment and the Company is unable to obtain a permanent loan at that time or in the judgment of the Board, it is not in the Company's best interest to obtain a permanent loan at the interest rates then prevailing and the Board has reason to believe that the Company will be able to obtain a permanent loan on or prior to the end of the loan term provided by the Advisor Manager or its Affiliates.

Appears in 4 contracts

Samples: Asset Management Agreement (Carey W P & Co LLC), Asset Management Agreement (Carey W P & Co LLC), Asset Management Agreement (Corporate Property Associates 14 Inc)

Loans from Affiliates. The Company CWI shall not borrow funds from the Advisor or its Affiliates unless (A) the transaction is approved by a majority of the Independent Directors and a majority of the Directors who are not interested in the transaction as being fair, competitive and commercially reasonable, (B) the interest and other financing charges or fees received by the Advisor or its Affiliates do not exceed the amount which would be charged by non-affiliated lending institutions and (C) the terms are not less favorable than those prevailing for comparable arm'sarm’s-length loans for the same purpose. The Company CWI will not borrow on a long-term basis from the Advisor or its Affiliates unless it is to provide the debt portion of a particular investment and the Company CWI is unable to obtain a permanent loan at that time or in the judgment of the Board, it is not in the Company's CWI’s best interest to obtain a permanent loan at the interest rates then prevailing and the Board has reason to believe that the Company CWI will be able to obtain a permanent loan on or prior to the end of the loan term provided by the Advisor or its Affiliates.

Appears in 4 contracts

Samples: Advisory Agreement (Carey Watermark Investors Inc), Advisory Agreement (Carey W P & Co LLC), Advisory Agreement (Carey Watermark Investors Inc)

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Loans from Affiliates. The Company shall not borrow funds from the Advisor Manager or its Affiliates unless (A) the transaction is approved by a majority of the Independent Directors and a majority of the Directors who are not interested in the transaction as being fair, competitive and commercially reasonable, (B) the interest and other financing charges or fees received by the Advisor Manager or its Affiliates do not exceed the amount which would be charged by non-affiliated lending institutions and (C) the terms are not less favorable than those prevailing for comparable arm'sarm’s-length loans for the same purpose. The Company will not borrow on a long-term basis from the Advisor Manager or its Affiliates unless it is to provide the debt portion of a particular investment and the Company is unable to obtain a permanent loan at that time or in the judgment of the Board, it is not in the Company's ’s best interest to obtain a permanent loan at the interest rates then prevailing and the Board has reason to believe that the Company will be able to obtain a permanent loan on or prior to the end of the loan term provided by the Advisor Manager or its Affiliates.

Appears in 2 contracts

Samples: Asset Management Agreement (W P Carey & Co LLC), Asset Management Agreement (Corporate Property Associates 16 Global Inc)

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