Payments to and Duties of Adviser Upon Termination. (i) After the termination of this Agreement, the Adviser shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to receive from the Company within thirty (30) days after the effective date of such termination all earned but unpaid reimbursements and all earned but unpaid fees payable to the Adviser prior to termination of this Agreement, including any deferred fees. If the Company and the Adviser cannot agree on the amount of such reimbursements and fees, the parties will submit to binding arbitration. (ii) The Adviser shall promptly upon termination: (A) 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; (B) Deliver to the Board all assets and documents of the Company then in custody of the Adviser; and (C) Cooperate with the Company to provide an orderly transition of services.
Appears in 4 contracts
Samples: Investment Advisory and Administrative Services Agreement (HMS Income Fund, Inc.), Investment Advisory and Administrative Services Agreement (HMS Income Fund, Inc.), Investment Advisory and Administrative Services Agreement (HMS Income Fund, Inc.)
Payments to and Duties of Adviser Upon Termination. (i) After the termination of this Agreement, the Adviser shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to receive from the Company within thirty (30) days after the effective date of such termination all earned but unpaid reimbursements and all earned but unpaid fees payable to the Adviser prior to termination of this Agreement, including any deferred fees. If the Company and the Adviser cannot agree on the amount of such reimbursements and fees, the parties will submit to binding arbitration.
(ii) The Adviser shall promptly upon termination:
(A) 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;
(B) Deliver to the Board all assets and documents of the Company then in custody of the Adviser; and
(C) Cooperate with the Company to provide an orderly transition of services. The following provisions in this Section 9 shall apply for only so long as the Common Shares of the Company are not listed on a national securities exchange.
Appears in 2 contracts
Samples: Investment Advisory and Administrative Services Agreement (HMS Income Fund, Inc.), Investment Advisory and Administrative Services Agreement (Main Street Capital CORP)
Payments to and Duties of Adviser Upon Termination. (i) After the termination of this Agreement, the Adviser shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to receive from the Company Fund within thirty (30) days after the effective date of such termination all earned but unpaid reimbursements and all earned but unpaid fees payable to the Adviser prior to termination of this Agreement, including any deferred fees. If the Company Fund and the Adviser cannot agree on the amount of such reimbursements and fees, the parties will submit to binding arbitration.
(ii) The Adviser shall promptly upon termination:
(A) 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;
(B) Deliver to the Board all assets and documents of the Company Fund then in custody of the Adviser; and
(C) Cooperate with the Company Fund to provide an orderly transition of services.
Appears in 2 contracts
Samples: Investment Advisory Agreement (VII Peaks Co-Optivist Income Fund), Investment Advisory and Administrative Services Agreement (Direct Lending Income Fund)
Payments to and Duties of Adviser Upon Termination. (i) After the termination of this Agreement, the Adviser shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to receive from the Company Corporation within thirty (30) 30 days after the effective date of such termination all earned but unpaid reimbursements and all earned but unpaid fees payable to the Adviser prior to termination of this Agreement, including any deferred fees. If the Company Corporation and the Adviser cannot agree on the amount of such reimbursements and fees, the parties will submit to binding arbitration.
(ii) The Adviser shall promptly upon termination:
: (A) Deliver deliver to the Board of Directors 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;
Board of Directors; (B) Deliver deliver to the Board of Directors all assets and documents of the Company Corporation then in custody of the Adviser; and
and (C) Cooperate cooperate with the Company Corporation to provide an orderly transition of servicesmanagement transition.
Appears in 1 contract
Samples: Investment Advisory and Management Agreement (Gladstone Lending Corp)
