Operating Advisor Compensation Clause Samples
The Operating Advisor Compensation clause defines how and when an operating advisor involved in a transaction or project will be paid. Typically, this clause outlines the specific fees, payment schedule, and any performance-based incentives or reimbursements the advisor is entitled to receive. For example, it may specify a monthly retainer, success fees upon achieving certain milestones, or reimbursement for reasonable expenses. The core function of this clause is to ensure transparency and prevent disputes by clearly setting expectations regarding the advisor’s remuneration.
Operating Advisor Compensation. As consideration for the performance of its duties with respect to the Mortgage Loans subject to this Agreement, the Operating Advisor shall be entitled to the Operating Advisor Fees for each Mortgage Loan remaining subject to this Agreement during any calendar month or part thereof. The Operating Advisor Fees shall be payable monthly on the Remittance Date. The Servicer shall pay to the Operating Advisor the Operating Advisor Fees on the Remittance Date of each month from amounts on deposit in the Collection Account in accordance with Section 3.03(b)(iv) hereof. The right to receive the Operating Advisor Fees may not be transferred in whole or in part except in connection with the transfer of all of the Operating Advisor’s responsibilities and obligations under this Agreement. Except with respect to the Monthly Operating Advisor Fee (for which no invoice from the Operating Advisor shall be required), the Operating Advisor shall provide to the Servicer an invoice with respect to the Operating Advisor Review Fee for payment of such amount. The Servicer shall be obligated to pay any such Operating Advisor Review Fee out of the Collection Account pursuant to Section 3.03(b) only after receipt of such invoice (except that no invoice shall be required for the Monthly Operating Advisor Fee), and the Servicer shall be entitled to conclusively rely on such invoice.
Operating Advisor Compensation. As compensation for its activities hereunder, the Operating Advisor shall be entitled with respect to each Affiliated Mortgage Loan to (i) the Operating Advisor Fee and (ii) in the event the consent of the Operating Advisor is required for any action, 50% of all borrower paid modification, consent, extension and Assumption Fees due the Servicer for such Affiliated Mortgage Loan. The Operating Advisor Compensation shall be paid by the Servicer. The Servicer shall remit to the Operating Advisor the Operating Advisor Fee on the Servicer Remittance Date, to the extent the Servicing Fee has been paid with respect to the Affiliated Mortgage Loans. All other Operating Advisor Compensation shall be remitted to the Operating Advisor by the Servicer within three (3) Business Days after receipt by the Servicer.
Operating Advisor Compensation. 90 ARTICLE VI