OBLIGATIONS OF MANAGER; RESTRICTIONS. (a) The Manager shall require each seller or transferor of investment assets to the Company to make such representations and warranties regarding such assets as may, in the judgment of the Manager, be necessary and appropriate. In addition, the Manager shall take such other action as it deems necessary or appropriate with regard to the protection of the Investments.
Appears in 21 contracts
Samples: Management and Advisory Agreement (Drive Shack Inc.), Management and Advisory Agreement (Newcastle Investment Corp), Management and Advisory Agreement (New Residential Investment Corp.)
OBLIGATIONS OF MANAGER; RESTRICTIONS. (a) The Manager shall require each seller or transferor of investment Investment assets to the Company to make such representations and warranties regarding such assets as may, in the judgment of the Manager, be necessary and appropriate. In addition, the Manager shall take such other action as it deems necessary or appropriate with regard to the protection of the Investments.
Appears in 8 contracts
Samples: Management and Advisory Agreement (New Media Investment Group Inc.), Management and Advisory Agreement (Gannett Co., Inc.), Management and Advisory Agreement (New Media Investment Group Inc.)
OBLIGATIONS OF MANAGER; RESTRICTIONS. (a) The Manager shall require each seller or transferor of investment assets to the Company to make such representations and warranties regarding such assets as may, in the reasonable judgment of the Manager, be necessary and appropriateappropriate or as advised by the Board of Directors and consistent with standard industry practice. In addition, the Manager shall take such other action as it deems necessary or appropriate or as advised by the Board of Directors and consistent with standard industry practice with regard to the protection of the Investments.
Appears in 8 contracts
Samples: Management Agreement (Exantas Capital Corp.), Management Agreement (Resource Capital Corp.), Management Agreement (Resource Capital Corp.)
OBLIGATIONS OF MANAGER; RESTRICTIONS. (a) The Manager shall require each seller or transferor of investment assets to the Company and its Subsidiaries to make such representations and warranties regarding such assets as may, in the judgment of the Manager, be necessary and appropriate. In addition, the Manager shall take such other action as it deems necessary or appropriate with regard to the protection of the InvestmentsAssets.
Appears in 7 contracts
Samples: Management Agreement (Annaly Capital Management Inc), Management Agreement (Annaly Capital Management Inc), Management Agreement (Annaly Capital Management Inc)
OBLIGATIONS OF MANAGER; RESTRICTIONS. (a) The Manager shall require each seller or transferor of investment assets Investments to the Company to make such representations and warranties regarding such assets as may, in the sole judgment made in good faith of the Manager, be necessary and appropriate. In addition, the Manager shall take such other action as it deems necessary or appropriate with regard to the protection of the Investments.
Appears in 5 contracts
Samples: Asset Management Agreement, Asset Management Agreement (Spirit Realty Capital, Inc.), Asset Management Agreement (Spirit MTA REIT)
OBLIGATIONS OF MANAGER; RESTRICTIONS. (a) The Manager shall use commercially reasonable efforts to require each seller or transferor of investment assets to the Company to make such representations and warranties regarding such assets as may, in the sole judgment made in good faith of the Manager, be necessary and appropriate. In addition, the Manager shall take such other action as it deems necessary or appropriate with regard to the protection of the InvestmentsCompany’s assets and investments.
Appears in 4 contracts
Samples: Management and Advisory Agreement (FTAI Infrastructure Inc.), Management and Advisory Agreement, Management and Advisory Agreement (Fortress Transportation & Infrastructure Investors LLC)
OBLIGATIONS OF MANAGER; RESTRICTIONS. (a) The Manager shall require each seller or transferor of investment Investment assets to the Company to make such representations and warranties regarding such assets as may, in the sole judgment made in good faith of the Manager, be necessary and appropriate. In addition, the Manager shall take such other action as it deems necessary or appropriate with regard to the protection of the Investments.
Appears in 2 contracts
Samples: Management and Advisory Agreement (New Senior Investment Group Inc.), Management and Advisory Agreement (New Senior Investment Group Inc.)
OBLIGATIONS OF MANAGER; RESTRICTIONS. (a) The Manager shall require each seller or transferor of investment assets Investments to the Company to make such representations and warranties regarding such assets as may, in the sole judgment of the Manager, be necessary and appropriate. In addition, the Manager shall take such other action as it deems necessary or appropriate with regard to the protection of the Investments.made in good faith 11
Appears in 2 contracts
Samples: Asset Management Agreement (Spirit Realty, L.P.), Asset Management Agreement (Spirit MTA REIT)
OBLIGATIONS OF MANAGER; RESTRICTIONS. (a) The Manager shall require each seller or transferor of investment assets to the Company to make such representations and warranties regarding such assets as maymay be, in the judgment of the Manager, be necessary and appropriate. In addition, the Manager shall take such other action as it deems necessary or appropriate with regard to the protection of the Investments.
Appears in 2 contracts
Samples: Management Agreement (Cypress Sharpridge Investments, Inc.), Management Agreement (Cypress Sharpridge Investments, Inc.)
OBLIGATIONS OF MANAGER; RESTRICTIONS. (a27) The Manager shall require each seller or transferor of investment assets to the Company to make such representations and warranties regarding such assets as may, in the judgment of the Manager, be necessary and appropriate. In addition, the Manager shall take such other action as it deems necessary or appropriate with regard to the protection of the Investments.
Appears in 1 contract
Samples: Management and Advisory Agreement (Newcastle Investment Corp)
OBLIGATIONS OF MANAGER; RESTRICTIONS. (a) The Manager shall require each seller or transferor of investment assets to the Company Company, the Subsidiaries and the Additional Parties to make such representations and warranties regarding such assets as may, in the judgment of the Manager, be necessary and appropriate. In addition, the Manager shall take such other action as it deems necessary or appropriate with regard to the protection of the InvestmentsAssets.
Appears in 1 contract
Samples: Management Agreement (Tiptree Financial Partners, L.P.)
OBLIGATIONS OF MANAGER; RESTRICTIONS. (a) The Manager shall require each seller or transferor of investment assets to the Company and the Subsidiaries to make such representations and warranties regarding such assets as may, in the judgment of the Manager, be necessary and appropriate. In addition, the Manager shall take such other action as it deems necessary or appropriate with regard to the protection of the InvestmentsAssets.
Appears in 1 contract
Samples: Management Agreement (Highland Financial Partners, L.P.)
OBLIGATIONS OF MANAGER; RESTRICTIONS. (a) The Manager shall use commercially reasonable efforts to require each seller or transferor of investment assets to the Company Company, New Parent or any Subsidiary to make such representations and warranties regarding such assets as may, in the sole judgment made in good faith of the Manager, be necessary and appropriate. In addition, the Manager shall take such other action as it deems necessary or appropriate with regard to the protection of the InvestmentsCompany’s assets and investments.
Appears in 1 contract
Samples: Management and Advisory Agreement (Fortress Transportation & Infrastructure Investors LLC)
OBLIGATIONS OF MANAGER; RESTRICTIONS. (a) The Manager shall shall, as a precondition to any investment, require each seller or transferor of investment assets to any of the Company Partnership Companies to make such representations representations, warranties and warranties covenants regarding such assets as may, in the reasonable judgment of the Manager, be necessary and appropriateappropriate or as advised by the Board of Directors and consistent with standard industry practice. In addition, the Manager shall take such other action as it deems reasonably necessary or appropriate or as reasonably advised by the Board of Directors with regard to the protection of the Investments.
Appears in 1 contract
