Common use of Payments to and Duties of Advisor Upon Termination Clause in Contracts

Payments to and Duties of Advisor Upon Termination. (a) 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 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. (b) The Advisor shall promptly upon termination: (i.) pay over to the Company all money collected and held for the account of the Company pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii.) deliver to the Manager 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 Manager; (iii.) deliver to the Manager all assets, including all Investments, and documents of the Company then in the custody of the Advisor; and

Appears in 5 contracts

Samples: Advisory Agreement (Birgo Reiturn Fund Manager LLC), Advisory Agreement (Birgo Reiturn Fund Manager LLC), Advisory Agreement (Birgo Reiturn Fund Manager LLC)

AutoNDA by SimpleDocs

Payments to and Duties of Advisor Upon Termination. (a) 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 within 30 thirty (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. (b) The Advisor shall promptly upon termination: (i.i) pay over to the Company all money collected and held for the account of the Company pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii.) deliver to the Manager 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 ManagerBoard; (iii.) deliver to the Manager Board all assets, including all Investments, and documents of the Company then in the custody of the Advisor; and (iv) cooperate with the Company to provide an orderly management transition.

Appears in 4 contracts

Samples: Advisory Agreement (Jones Lang LaSalle Income Property Trust, Inc.), Advisory Agreement (Jones Lang LaSalle Income Property Trust, Inc.), Advisory Agreement (Jones Lang LaSalle Income Property Trust, Inc.)

Payments to and Duties of Advisor Upon Termination. (a) 17.1 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 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. (b) 17.2 The Advisor shall promptly upon termination: (i.a) pay over to the Company all money collected and held for the account of the Company pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii.b) deliver to the Manager 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 ManagerBoard of Directors; (iii.c) deliver to the Manager Board of Directors all assets, including all InvestmentsProjects, and documents of the Company then in the custody of the Advisor; and (d) cooperate with the Company to provide an orderly management transition.

Appears in 4 contracts

Samples: Advisory Agreement (Shearson American REIT, Inc.), Advisory Agreement (New School Properties, Inc.), Advisory Agreement (New School Properties, Inc.)

Payments to and Duties of Advisor Upon Termination. (ai) After the Termination Datetermination of this Agreement, the Advisor shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to receive from the Company 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, including any deferred fees. (bii) In the event of a termination by the Advisor pursuant to Section 11(b)(ii) above, if the Independent Trustees elect to continue the Company, the Advisor shall pay all direct expenses incurred by the Company as a result of its withdrawal up to, but not exceeding, $250,000. (iii) The Advisor shall promptly upon termination: (i.) pay over to the Company all money collected and held for the account of the Company pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii.a) deliver to the Manager Board of Trustees 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 ManagerBoard of Trustees; (iii.b) deliver to the Manager Board of Trustees all assets, including all Investmentsdocuments, books and documents records of the Company then in the custody of the Advisor; and (c) cooperate with the Company to provide an orderly transition of services.

Appears in 4 contracts

Samples: Investment Advisory Agreement (Guggenheim Credit Income Fund), Interim Investment Advisory Agreement (Carey Credit Income Fund), Investment Advisory Agreement (Carey Credit Income Fund - I)

Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled for the right to receive from the Company Corporation 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. (b) , exclusive of disputed items arising out of possible unauthorized transactions. The Advisor shall promptly upon termination: : (i.i) pay over to the Company Corporation all money collected and held for the account of the Company Corporation pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; ; (ii.) deliver to the Manager 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 Manager; Directors; (iii.) deliver to the Manager Directors all assets, including all InvestmentsProperties, and documents of the Company Corporation then in the custody of the Advisor; andand (iv) cooperate with the Corporation to provide an orderly management transition.

Appears in 3 contracts

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

Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to to, and shall receive from the Company within 30 days after the effective date of such termination the termination, all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior earned or related to any period up to the time of termination of this Agreement. (b) The Advisor shall promptly upon termination: (i.i) pay over to the Company all money collected and held for the account of the Company pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitledentitled under this Agreement; (ii.) deliver to the Manager 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 ManagerBoard; (iii.) deliver to the Manager Board all assets, including all Investmentsthe Assets, and documents of the Company then in the custody of the Advisor; and (iv) cooperate with the Company and take all reasonable actions requested by the Company to provide an orderly management transition.

Appears in 2 contracts

Samples: Advisory Agreement (Lightstone Value Plus REIT V, Inc.), Advisory Agreement (Lightstone Value Plus REIT V, Inc.)

Payments to and Duties of Advisor Upon Termination. (a) 16.1 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 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. (b) 16.2 The Advisor shall promptly upon termination: (i.a) pay over to the Company all money collected and held for the account of the Company pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii.b) deliver to the Manager 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 ManagerBoard of Directors; (iii.c) deliver to the Manager Board of Directors all assets, including all InvestmentsProjects, and documents of the Company then in the custody of the Advisor; and (d) cooperate with the Company to provide an orderly management transition.

Appears in 2 contracts

Samples: Advisory Agreement (Medical Hospitality Group, Inc.), Advisory Agreement (Medical Hospitality Group, Inc.)

Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to and receive from the Company within 30 days after the effective date of such the termination all unpaid reimbursements of expenses expenses, subject to the provisions of Section 3.04 hereof, and all earned but unpaid contingent liabilities related to fees payable to the Advisor prior to termination of this Agreement. (b) The Advisor shall promptly upon termination: (i.i) pay over to the Company all money collected and held for the account of the Company pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii.) deliver to the Manager 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 ManagerBoard; (iii.) deliver to the Manager Board all assets, including all Investmentsthe Assets, and documents of the Company then in the custody of the Advisor; and (iv) cooperate with the Company and take all reasonable actions requested by the Company to provide an orderly management transition. (c) Intentionally omitted.

Appears in 2 contracts

Samples: Advisory Management Agreement (Behringer Harvard Opportunity REIT II, Inc.), Advisory Management Agreement (Behringer Harvard Opportunity REIT II, Inc.)

AutoNDA by SimpleDocs

Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to to, and shall receive from the Company within 30 days after the effective date of such termination the termination, all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior earned or related to any period up to the time of termination of this Agreement. (b) The Advisor shall promptly upon termination:: 70355208v5 (i.i) pay over to the Company all money collected and held for the account of the Company pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitledentitled under this Agreement; (ii.) deliver to the Manager 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 ManagerBoard; (iii.) deliver to the Manager Board all assets, including all Investmentsthe Assets, and documents of the Company then in the custody of the Advisor; and (iv) cooperate with the Company and take all reasonable actions requested by the Company to provide an orderly management transition.

Appears in 1 contract

Samples: Advisory Management Agreement (Behringer Harvard Opportunity REIT II, Inc.)

Payments to and Duties of Advisor Upon Termination. (a) Payments to the Advisor of unpaid expense reimbursements pursuant to this Section 19 shall be subject to the 2%/25% Guidelines to the extent applicable. a. 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 within 30 days after the effective date of such termination (i) all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this AgreementAgreement and (ii) the Subordinated Termination Fee, if applicable. (b) b. The Advisor shall promptly upon termination: (i.) i. pay over to the Company all money collected and held for the account of the Company pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii.) . deliver to the Manager 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 ManagerDirectors; (iii.) . deliver to the Manager Directors all assets, including all InvestmentsProperties, and documents of the Company then in the custody of the Advisor; and iv. cooperate with the Company to provide an orderly management transition.

Appears in 1 contract

Samples: Advisory Agreement (Dividend Capital Trust Inc)

Payments to and Duties of Advisor Upon Termination. (a) After the Termination Dateexpiration or termination of this Agreement, the Advisor shall not be entitled to compensation for further services hereunder except that it shall be entitled to receive from the Company within 30 thirty (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.; and (b) The Advisor shall promptly upon termination: (i.i) pay over to the Company all money collected and held for the account of the Company pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii.) deliver to the Manager 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 ManagerBoard; (iii.) deliver to the Manager Board all assets, including all Investments, assets and documents of the Company then in the custody of the Advisor; and (iv) cooperate with the Company to provide an orderly management transition.

Appears in 1 contract

Samples: Management Advisory Agreement (Lexicon United Inc)

Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation expense reimbursement for further additional services hereunder except it shall be entitled to to, and shall receive from the Company within 30 days after the effective date of such termination the termination, all unpaid reimbursements of expenses and all earned but unpaid fees payable expenses, subject to the Advisor prior provisions of Section 3.03 hereof, earned or related to any period up to the time of termination of this Agreement. (b) The Advisor shall promptly upon termination: (i.i) pay over to the Company all money collected and held for the account of the Company pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitledentitled under this Agreement; (ii.) deliver to the Manager 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 ManagerBoard; (iii.) deliver to the Manager Board all assets, including all Investmentsthe Assets, and documents of the Company then in the custody of the Advisor; and (iv) cooperate with the Company and take all reasonable actions requested by the Company to provide an orderly management transition. 70361623v6

Appears in 1 contract

Samples: Advisory Agreement (Behringer Harvard Opportunity REIT II, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!