Common use of Loans from Affiliates Clause in Contracts

Loans from Affiliates. CWI 2 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. CWI 2 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 CWI 2 is unable to obtain a permanent loan at that time or in the judgment of the Board, it is not in CWI 2's best interest to obtain a permanent loan at the interest rates then prevailing and the Board has reason to believe that CWI 2 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 2 contracts

Samples: Advisory Agreement (Carey Watermark Investors 2 Inc), Advisory Agreement (W. P. Carey Inc.)

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Loans from Affiliates. CWI 2 1 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. CWI 2 1 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 CWI 2 1 is unable to obtain a permanent loan at that time or in the judgment of the Board, it is not in CWI 2's 1’s best interest to obtain a permanent loan at the interest rates then prevailing and the Board has reason to believe that CWI 2 1 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 1 contract

Samples: Advisory Agreement (W. P. Carey Inc.)

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Loans from Affiliates. CWI 2 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. CWI 2 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 CWI 2 is unable to obtain a permanent loan at that time or in the judgment of the Board, it is not in CWI 2's ’s best interest to obtain a permanent loan at the interest rates then prevailing and the Board has reason to believe that CWI 2 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 1 contract

Samples: Advisory Agreement (Carey Watermark Investors 2 Inc)

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