Other Investment Vehicles. (a) Each of the Manager and Bimini represent and warrant to the Company that neither the Manager nor Bimini currently sponsor or manage any real estate investment trust that has substantially the same investment strategy as Bimini or the Company (a “Competing Investment Vehicle”). (b) Each of the Manager and Bimini agree that during the Term (as defined below) of this Agreement, neither the Manager nor Bimini nor any Affiliate thereof shall form, fund, sponsor or manage any Competing Investment Vehicle.
Appears in 2 contracts
Samples: Investment Allocation Agreement (Bimini Capital Management, Inc.), Investment Allocation Agreement (Orchid Island Capital, Inc.)
Other Investment Vehicles. (a) Each of the Manager and Bimini represent and warrant to the Company that neither the Manager nor Bimini currently sponsor or manage any real estate investment trust that has substantially the same investment strategy as Bimini or the Company (a “Competing Investment Vehicle”), other than Bimini and its activities (the “Exception”).
(b) Each of the Manager and Bimini agree that during the Term (as defined below) of this Agreement, neither the Manager nor Bimini nor any Affiliate thereof shall form, fund, will sponsor or manage any Competing Investment VehicleVehicle other than the Exception.
Appears in 2 contracts
Samples: Investment Allocation Agreement (Bimini Capital Management, Inc.), Investment Allocation Agreement (FlatWorld Acquisition Corp.)
Other Investment Vehicles. (a) Each of the Manager and Bimini represent and warrant to the Company that neither the Manager nor Bimini currently sponsor or manage any real estate investment trust that has substantially the same investment strategy as Bimini or the Company (a “Competing Investment Vehicle”).
(b) Each of the Manager and Bimini agree that during the Term (as defined below) of this Agreement, neither the Manager nor Bimini nor any Affiliate thereof shall form, fund, will sponsor or manage any Competing Investment Vehicle.
Appears in 1 contract
Samples: Investment Allocation Agreement (Orchid Island Capital, Inc.)