Common use of Net Income Fee Clause in Contracts

Net Income Fee. As an incentive for successful investment and management of the Company’s assets, the Advisor will be entitled to receive a fee equal to 7.5% per annum of the Company’s Net Income for each Fiscal Year or portion thereof for which the Advisor provides services. To the extent the Company has Net Income in a quarter, the 7.5% Net Income fee is to be paid quarterly on or after the third business day following the filing of the report on Form 10-Q with the Securities and Exchange Commission, except for the payment for the fourth quarter, ended December 31, which is to be paid on or after the third business day following the filing of the report on Form 10-K with the Securities and Exchange Commission. The 7.5% Net Income Fee is to be cumulative within any Fiscal Year, such that if the Company has a loss in any quarter during the Fiscal Year, each subsequent quarter’s payment during such Fiscal Year shall be adjusted to maintain the 7.5% per annum rate, with final settlement being made with the fourth quarter payment and in accordance with audited results for the Fiscal Year. The 7.5% Net Income Fee is not cumulative from year to year.

Appears in 5 contracts

Samples: Advisory Agreement (Income Opportunity Realty Investors Inc /Tx/), Advisory Agreement (Transcontinental Realty Investors Inc), Advisory Agreement (American Realty Investors Inc)

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Net Income Fee. As an incentive for successful investment and management of the Company’s 's assets, the Advisor will be entitled to receive a fee equal to 7.5% per annum of the Company’s 's Adjusted Net Income for each Fiscal Year or portion thereof for which the Advisor provides services. To the extent the Company has Adjusted Net Income in a quarter, the 7.5% Net Income fee is to be paid quarterly on or after the third business day following the filing of the report on Form 10-Q with the Securities and Exchange CommissionSEC, except for the payment for the fourth quarter, ended December 31, which is to be paid on or after the third business day following the filing of the report on Form 10-K with the Securities and Exchange CommissionSEC. The 7.5% Net Income Fee is to be cumulative within any Fiscal Year, such that if the Company has a loss in any quarter during the Fiscal Year, each subsequent quarter’s 's payment during such Fiscal Year shall be adjusted to maintain the 7.5% per annum rate, with final settlement being made with the fourth quarter payment and in accordance with audited results for the Fiscal Year. The 7.5% Net Income Fee is not cumulative from year to year.

Appears in 3 contracts

Samples: Advisory Agreement (Income Opportunity Realty Investors Inc /Tx/), Advisory Agreement (Transcontinental Realty Investors Inc), Advisory Agreement (American Realty Investors Inc)

Net Income Fee. As an incentive for successful investment and management of the Company’s 's assets, the Advisor will be entitled to receive a fee equal to 7.5% per annum of the Company’s 's Net Income for each Fiscal Year or portion thereof for which the Advisor provides services. To the extent the Company has Net Income in a quarter, the 7.5% Net Income fee is to be paid quarterly on or after the third business day following the filing of the report on Form 10-Q with the Securities and Exchange Commission, except for the payment for the fourth quarter, ended December 31, which is to be paid on or after the third business day following the filing of the report on Form 10-K with the Securities and Exchange Commission. The 7.5% Net Income Fee is to be cumulative within any Fiscal Year, such that if the Company has a loss in any quarter during the Fiscal Year, each subsequent quarter’s 's payment during such Fiscal Year shall be adjusted to maintain the 7.5% per annum rate, with final settlement being made with the fourth quarter payment and in accordance with audited results for the Fiscal Year. The 7.5% Net Income Fee is not cumulative from year to year.

Appears in 3 contracts

Samples: Advisory Agreement (Transcontinental Realty Investors Inc), Advisory Agreement (Transcontinental Realty Investors Inc), Advisory Agreement (Income Opportunity Realty Investors Inc /Tx/)

Net Income Fee. As an incentive for successful investment and management of the Company’s Trust's assets, the Advisor will be entitled to receive a fee equal to 7.5% per annum of the Company’s Trust's Net Income for each Fiscal Year or portion thereof for which the Advisor provides services. To the extent the Company Trust has Net Income in a quarter, the 7.5% Net Income fee Fee is to be paid quarterly on or after the third business day following the filing of the report on Form 10-Q with the Securities and Exchange Commission, except for the payment for the fourth quarter, ended December 31, which is to be paid on or after the third business day following the filing of the report on Form 10-K with the Securities and Exchange Commission. The 7.5% Net Income Fee is to be cumulative within any Fiscal Year, such that if the Company Trust has a loss in any quarter during the Fiscal Year, each subsequent quarter’s 's payment during such Fiscal Year shall be adjusted to maintain the 7.5% per annum rate, with final settlement being made with the fourth quarter payment and in accordance with audited results for the Fiscal Year. The 7.5% Net Income Fee is not cumulative from year to year.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (American Realty Trust Inc), Advisory Agreement (Continental Mortgage & Equity Trust)

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Net Income Fee. As an incentive for successful investment and -------------- management of the Company’s 's assets, the Advisor will be entitled to receive a fee equal to 7.5% per annum of the Company’s 's Net Income for each Fiscal Year or portion thereof for which the Advisor provides services. To the extent the Company has Net Income in a quarter, the 7.5% Net Income fee is to be paid quarterly on or after the third business day following the filing of the report on Form 10-Q with the Securities and Exchange Commission, except for the payment for the fourth quarter, ended December 31, which is to be paid on or after the third business day following the filing of the report on Form 10-K with the Securities and Exchange Commission. The 7.5% Net Income Fee is to be cumulative within any Fiscal Year, such that if the Company has a loss in any quarter during the Fiscal Year, each subsequent quarter’s 's payment during such Fiscal Year shall be adjusted to maintain the 7.5% per annum rate, with final settlement being made with the fourth quarter payment and in accordance with audited results for the Fiscal Year. The 7.5% Net Income Fee is not cumulative from year to year.

Appears in 1 contract

Samples: Advisory Agreement (Income Opportunity Realty Investors Inc /Tx/)

Net Income Fee. As an incentive for successful investment and management of the Company’s 's assets, the Advisor will be entitled to receive a fee equal to the greater of $25,000 or 7.5% per annum of the Company’s 's Adjusted Net Income for each Fiscal Year or portion thereof for which the Advisor provides services. To the extent the Company has Adjusted Net Income in a quarter, the 7.5% Net Income fee is to be paid quarterly on or after the third business day following the filing of the report on Form 10-Q with the Securities and Exchange CommissionSEC, except for the payment for the fourth quarter, ended December 31, which is to be paid on or after the third business day following the filing of the report on Form 10-K with the Securities and Exchange CommissionSEC. The 7.5% Net Income Fee is to be cumulative within any Fiscal Year, such that if the Company has a loss in any quarter during the Fiscal Year, each subsequent quarter’s 's payment during such Fiscal Year shall be adjusted to maintain the 7.5% per annum rate, with final settlement being made with the fourth quarter payment and in accordance with audited results for the Fiscal Year. The 7.5% Net Income Fee is not cumulative from year to year.

Appears in 1 contract

Samples: Advisory Agreement (New Concept Energy, Inc.)

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