Common use of Payments on Termination and Survival of Certain Rights and Obligations Clause in Contracts

Payments on Termination and Survival of Certain Rights and Obligations. Payments to the Advisor pursuant to this Section 14.03 shall be subject to the 2%/25% Guidelines to the extent applicable. (i) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company or the Operating Partnership within 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicable. (ii) The Advisor shall promptly upon termination: (a) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, if any, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (b) deliver to the Board a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board; (c) deliver to the Board all assets and documents of the Company then in the custody of the Advisor; and (d) cooperate with the Company to provide an orderly transition of advisory functions.

Appears in 31 contracts

Samples: Advisory Agreement (Cantor Fitzgerald Income Trust, Inc.), Advisory Agreement (Rodin Income Trust, Inc.), Advisory Agreement (Rodin Global Property Trust, Inc.)

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Payments on Termination and Survival of Certain Rights and Obligations. Payments to the Advisor Adviser pursuant to this Section 14.03 12(c) shall be subject to the 2%/25% Guidelines to the extent applicable. (i) After the Termination Date, the Advisor Adviser shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company or the Operating Partnership within 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor Adviser prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicable. (ii) The Advisor Adviser shall promptly upon termination: (aA) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, if any, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (bB) deliver to the Board a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board; (cC) deliver to the Board all assets and documents of the Company then in the custody of the AdvisorAdviser; and (dD) cooperate with the Company to provide an orderly transition of advisory functions.

Appears in 6 contracts

Samples: Advisory Agreement (FS Credit Real Estate Income Trust, Inc.), Advisory Agreement (FS Credit Real Estate Income Trust, Inc.), Advisory Agreement (FS Credit Real Estate Income Trust, Inc.)

Payments on Termination and Survival of Certain Rights and Obligations. Payments to the Advisor pursuant to this Section 14.03 15.03 shall be subject to the 2%/25% Guidelines to the extent applicable. (i) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company or the Operating Partnership within 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicable. (ii) The Advisor shall promptly upon termination: (a) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, if any, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (b) deliver to the Board a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board; (c) deliver to the Board all assets and documents of the Company then in the custody of the Advisor; and (d) cooperate with the Company to provide an orderly transition of advisory functions.

Appears in 5 contracts

Samples: Advisory Agreement (NorthStar Real Estate Income Trust, Inc.), Advisory Agreement (NorthStar Real Estate Income Trust, Inc.), Advisory Agreement (NorthStar Real Estate Income Trust, Inc.)

Payments on Termination and Survival of Certain Rights and Obligations. Payments to the Advisor pursuant to this Section 14.03 shall be subject to the 2%/25% Guidelines to the extent applicable. (i) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company or the Operating Partnership within 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicable. (ii) The Advisor shall promptly upon termination: (a) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, if any, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (b) deliver to the Board a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board; (c) deliver to the Board all assets and documents of the Company or the Operating Partnership then in the custody of the Advisor; and (d) cooperate with the Company to provide an orderly transition of advisory functions.

Appears in 3 contracts

Samples: Advisory Agreement (O'Donnell Strategic Industrial REIT, Inc.), Advisory Agreement (O'Donnell Strategic Gateway REIT, Inc.), Advisory Agreement (O'Donnell Strategic Gateway REIT, Inc.)

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Payments on Termination and Survival of Certain Rights and Obligations. Payments to the Advisor pursuant to this Section 14.03 shall be subject to the 2%/25% Guidelines to the extent applicable. (i) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company or the Operating Partnership within 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicable. (ii) The Advisor shall promptly upon termination: : (aC) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, if any, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; ; (bD) deliver to the Board a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board; (c) deliver to the Board all assets and documents of the Company then in the custody of the Advisor; and (d) cooperate with the Company to provide an orderly transition of advisory functions.16

Appears in 1 contract

Samples: Advisory Agreement

Payments on Termination and Survival of Certain Rights and Obligations. Payments to the Advisor pursuant to this Section 14.03 13.03 shall be subject to the 2%/25% Guidelines to the extent applicable. (i) After the Termination Effective Date, the Advisor shall not be entitled to compensation or reimbursement for further services hereunder except it shall be entitled to receive from the Company or the Operating Partnership within 30 days after the effective date of such termination Effective Date (A) all unpaid reimbursements of expenses incurred pursuant to Article 9 prior to the Effective Date and (B) all fees earned pursuant to Article 8 prior to the Effective Date but unpaid fees and payable to the Advisor prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicableEffective Date. (ii) The Advisor shall promptly upon termination: (a) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, if any, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (b) deliver to the Board a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board; (c) deliver to the Board all assets and documents of the Company then in the custody of the Advisor; and (d) cooperate with the Company to provide an orderly transition of advisory functions.

Appears in 1 contract

Samples: Advisory Agreement (KBS Legacy Partners Apartment REIT, Inc.)

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