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. (A) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except the Advisor (and its assignees, including the Sub-advisor) shall be entitled to receive from the Company within 30 days after the effective date of such termination (1) all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor or its assignees prior to termination of this Agreement and (2) the Subordinated Performance Fee Due Upon Termination; provided, that no Subordinated Performance Fee Due Upon Termination will be paid if the Company has paid or is obligated to pay the Subordinated Incentive Fee.

Appears in 5 contracts

Samples: Advisory Agreement (Phillips Edison - ARC Shopping Center REIT Inc.), Advisory Agreement (Phillips Edison - ARC Shopping Center REIT Inc.), Advisory Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)

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Payments on Termination and Survival of Certain Rights and Obligations. (Ai) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except the Advisor (and its assignees, including the Sub-advisor) it shall be entitled to receive from the Company within 30 days after the effective date of such termination (1A) all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor or its assignees prior to termination of this Agreement and (2B) the Subordinated Performance Fee Due Upon Termination; provided, provided that no Subordinated Performance Fee Due Upon Termination will be paid if the Company has paid or is obligated to pay the Subordinated Incentive Fee.

Appears in 4 contracts

Samples: Advisory Agreement (KBS Real Estate Investment Trust II, Inc.), Advisory Agreement (KBS Real Estate Investment Trust II, Inc.), Advisory Agreement (KBS Real Estate Investment Trust II, Inc.)

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Payments on Termination and Survival of Certain Rights and Obligations. (A) A. After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except the Advisor (and its assignees, including the Sub-advisor) it shall be entitled to receive from the Company within 30 days after the effective date of such termination (1A) all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor or its assignees prior to termination of this Agreement and (2B) the Subordinated Performance Fee Due Upon Termination; provided, provided that no Subordinated Performance Fee Due Upon Termination will be paid if the Company has paid or is obligated to pay the Subordinated Incentive Fee.

Appears in 2 contracts

Samples: Advisory Agreement (Institutional REIT, Inc.), Advisory Agreement (Institutional REIT, Inc.)

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