Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s or a Subsidiary’s stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first sentence of this Section 17. The Company and any Subsidiary shall indemnify the Manager and its members, managers, officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 17. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.
Appears in 14 contracts
Samples: Management and Advisory Agreement (Drive Shack Inc.), Management and Advisory Agreement (Newcastle Investment Corp), Management and Advisory Agreement (New Media Investment Group Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s or a Subsidiary’s stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first second sentence of this Section 17. The Company and any Subsidiary shall indemnify the Manager and its members, managers, officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 17. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.
Appears in 13 contracts
Samples: Management Agreement (Exantas Capital Corp.), Management Agreement (Resource Capital Corp.), Management Agreement (Resource Capital Corp.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or Subsidiary (which such term, for the purposes of this Section, shall be deemed to include any and all of its Subsidiaries, if any) held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or SubsidiaryCompany, and the Manager’s records shall be appropriately and clearly marked clearly to reflect the ownership of such money or other property by the Company or such SubsidiaryCompany. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 60 days following such request. The Upon delivery of such money or other property to the Company, the Manager shall not be liable to the Company, any Subsidiary, the Independent Board of Directors, or the Company’s or a Subsidiary’s stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first sentence of this Section 17Section. The Company and any Subsidiary shall indemnify the Manager Manager, its directors, officers, stockholders, employees and its members, managers, officers and employees agents against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 1714. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 8 of this Agreement.
Appears in 10 contracts
Samples: Management Agreement (Anworth Mortgage Asset Corp), Management Agreement (Quadra Realty Trust, Inc.), Management Agreement (Care Investment Trust Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company Trust or any Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company Trust or such Subsidiary, and the Manager’s records shall be appropriately and clearly marked clearly to reflect the ownership of such money or other property by the Company Trust or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company Trust requesting the Manager to release to the Company or any Subsidiary Trust any money or other property then held by the Manager for the account of the Company Trust or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company Trust or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 45 days following such request. The Upon delivery of such money or other property to the Trust, the Manager shall not be liable to the CompanyTrust, any Subsidiary, the Independent DirectorsBoard of Trustees, or the Company’s Shareholders or a Subsidiary’s stockholders or partners the interest holders of any Subsidiary for any acts performed or omissions to act by the Company Trust or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first sentence of this Section 17Section. The Company Trust and any Subsidiary the Operating Partnership shall indemnify the Manager and its members, Affiliates and their respective managers, officers officers, trustees, directors, employees and employees members and any Person providing sub-advisory services to the Manager against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 1716. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 9 of this Agreement.
Appears in 8 contracts
Samples: Management Agreement (PennyMac Financial Services, Inc.), Management Agreement (PennyMac Mortgage Investment Trust), Management Agreement (PennyMac Mortgage Investment Trust)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or Subsidiary (which, for the purposes of this Section 15, shall be deemed to include any and all of their respective subsidiaries, if any) held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or SubsidiaryCompany, and the Manager’s records shall be appropriately and clearly marked clearly to reflect the ownership of such money or other property by the Company or such SubsidiaryCompany. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 60 days following such request. The Upon delivery of such money or other property to the Company, the Manager shall not be liable to the Company, any Subsidiarythe Board, PAC’s stockholders, the Independent Directors, Operating Partnership’s partners or any of the Company’s directors or a Subsidiary’s stockholders or partners equity holders of any subsidiary of the Company for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first sentence of this Section 1715. The Company and any Subsidiary shall indemnify the Manager and its members, managers, officers and employees Indemnified Parties against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, Losses which arise in connection with the Manager’s proper release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 1715. Indemnification pursuant to this provision shall be in addition to any right of the Manager Indemnified Parties to indemnification under Section 11 of this Agreement9.
Appears in 8 contracts
Samples: Management Agreement (Preferred Apartment Communities Inc), Management Agreement (Preferred Apartment Communities Inc), Management Agreement (Preferred Apartment Communities Inc)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty thirty (6030) days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s or a Subsidiary’s stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first second sentence of this Section 17. The Company and any Subsidiary shall indemnify the Manager and its membersofficers, directors, employees, managers, officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 17. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.
Appears in 8 contracts
Samples: Management Agreement (Chimera Investment Corp), Management Agreement (Annaly Capital Management Inc), Management Agreement (Chimera Investment Corp)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or any Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 30 days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s or a Subsidiary’s stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first second sentence of this Section 17. The Company and any Subsidiary shall indemnify the Manager and its membersofficers, directors, personnel, managers, and officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 17. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.
Appears in 7 contracts
Samples: Management Agreement (Sutherland Asset Management Corp), Management Agreement (Apollo Residential Mortgage, Inc.), Management Agreement (Apollo Residential Mortgage, Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or any Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty thirty (6030) days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Board of Directors, or the Company’s or a Subsidiary’s stockholders stockholders, members or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first second sentence of this Section 1718. The Company and any Subsidiary shall indemnify the Manager and its membersofficers, directors, personnel, managers, officers employees, stockholders, partners and employees agents from and against any and all expenses, losses, damages, liabilities, demands, charges and claims Losses that arise out of any nature whatsoever, which arise or in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 1718. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 13 of this Agreement.
Appears in 7 contracts
Samples: Management Agreement (Colony Credit Real Estate, Inc.), Management Agreement (Colony Capital, Inc.), Management Agreement (Colony NorthStar Credit Real Estate, Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or any Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or any Subsidiary, and the Manager’s records shall be clearly and appropriately marked clearly to reflect the ownership of such money or other property by the Company or such SubsidiaryCompany. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty thirty (6030) days following such request. The Manager shall Upon delivery of such money or other property to the Company, the Manager, Xxxxxxxxx, EMG Holdings and their Affiliates, directors, trustees, officers, managers, members and employees will not be liable to the Company, any Subsidiary, the Independent DirectorsManager or any of their directors, or the Company’s or a Subsidiary’s stockholders trustees, officers, members, shareholders, managers, employees, owners or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first sentence of this Section 17terms hereof. The Company and any Subsidiary shall indemnify the Manager Manager, Xxxxxxxxx, EMG Holdings and its their Affiliates, officers, directors, EARN Investment and Risk Management Committee members, managerspartners, officers members, employees, agents and employees successors and assigns against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, whatsoever which arise in connection with the Manager’s proper release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 1716. Indemnification pursuant to this provision Section 16 shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement11.
Appears in 6 contracts
Samples: Management Agreement (Ellington Credit Co), Management Agreement (Ellington Residential Mortgage REIT), Management Agreement (Ellington Residential Mortgage REIT)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or any Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or any Subsidiary, and the Manager’s records shall be clearly and appropriately marked clearly to reflect the ownership of such money or other property by the Company or such SubsidiaryCompany. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty thirty (6030) days following such request. The Manager shall Manager, Xxxxxxxxx, EMG Holdings and their Affiliates, directors, officers, managers and employees will not be liable to the Company, any Subsidiary, the Independent DirectorsManager or any of their directors, or the Company’s or a Subsidiary’s stockholders officers, shareholders, managers, employees, owners or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first sentence of this Section 17terms hereof. The Company and any Subsidiary shall indemnify the Manager Manager, Xxxxxxxxx, EMG Holdings and its their Affiliates, officers, directors, Investment and Risk Management Committee members, managersemployees, officers agents and employees successors and assigns against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, whatsoever which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 1716. Indemnification pursuant to this provision Section 16 shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement11.
Appears in 6 contracts
Samples: Management Agreement, Management Agreement (Ellington Housing Inc.), Management Agreement (Ellington Financial LLC)
Release of Money or Other Property Upon Written Request. To the extent the Manager shall have charge or possession of any of the Company’s assets in connection with the provision of services under this Agreement, the Manager shall separately maintain, and not commingle, the assets of the Company with those of the Manager or any other Person. The Manager agrees that any money or other property of the Company or Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 60 days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s or a Subsidiary’s stockholders stockholders, unitholders or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first third sentence of this Section 1715. The Company and any Subsidiary shall indemnify the Manager and its members, managers, officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 17Section. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.
Appears in 6 contracts
Samples: Management Agreement (Atlas America Inc), Management Agreement (Atlas America Series 27-2006 LP), Management Agreement (Atlas Resources Public #16-2007 (B) L.P.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or any Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 30 days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s or a Subsidiary’s stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first second sentence of this Section 17. The Company and any Subsidiary shall indemnify the Manager and its membersofficers, directors, personnel, managers, and officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 17. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 12 of this Agreement.
Appears in 5 contracts
Samples: Management Agreement (Colony Financial, Inc.), Management Agreement (Colony Financial, Inc.), Management Agreement (Colony Financial, Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or any Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or such Subsidiary, and the Manager’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company or any Subsidiary requesting the Manager to release to the Company or any such Subsidiary any money or other property then held by the Manager for the account of the Company or any such Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any such Subsidiary within a reasonable period of time, but in no event later than sixty (60) 30 days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s or a Subsidiary’s stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first second sentence of this Section 1718. The Company and any such Subsidiary shall indemnify the Manager and its membersofficers, directors, personnel, managers, and officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 1718. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 12 of this Agreement.
Appears in 5 contracts
Samples: Management Agreement (Jernigan Capital, Inc.), Management Agreement (Jernigan Capital, Inc.), Management Agreement (Jernigan Capital, Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s 's records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s 's or a Subsidiary’s 's stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first sentence of this Section 17. The Company and any Subsidiary shall indemnify the Manager and its members, managers, officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s 's release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 17. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.
Appears in 4 contracts
Samples: Management and Advisory Agreement (Newcastle Investment Corp), Management and Advisory Agreement (Newcastle Investment Corp), Management and Advisory Agreement (Newcastle Investment Corp)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or any Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s 's records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 30 days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s 's or a Subsidiary’s 's stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first second sentence of this Section 17. The Company and any Subsidiary shall indemnify the Manager and its membersofficers, directors, personnel, managers, and officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s 's release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 17. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (ZAIS Financial Corp.), Management Agreement (ZAIS Financial Corp.), Management Agreement (ZAIS Financial Corp.)
Release of Money or Other Property Upon Written Request. The ------------------------------------------------------- Manager agrees that any money or other property of the Company or Subsidiary and its Subsidiaries held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiaryand its Subsidiaries, and the Manager’s 's records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiaryand its Subsidiaries. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary such Subsidiary, respectively, any money or other property then held by the Manager for the account of the Company or any such Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary of its Subsidiaries within a reasonable period of time, but in no event later than sixty (60) 60 days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s 's or a Subsidiary’s any of its Subsidiaries' stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary of its Subsidiaries in connection with the money or other property released to the Company or any Subsidiary of its Subsidiaries in accordance with the first sentence of this Section 17Section. The Company and any Subsidiary its Subsidiaries jointly and severally shall indemnify indemnify, defend and hold harmless the Manager and Manager, its membersdirectors, managersofficers, officers stockholders and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s 's release of such money or other property to the Company or any Subsidiary of its Subsidiaries in accordance with the terms of this Section 1717 of this Agreement. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.
Appears in 4 contracts
Samples: Management Agreement (Imperial Credit Commercial Mortgage Investment Corp), Management Agreement (Healthcare Financial Partners Inc), Management Agreement (Imperial Credit Commercial Mortgage Investment Corp)
Release of Money or Other Property Upon Written Request. The Manager Advisor agrees that any money or other property of the Company or any Subsidiary held by the Manager Advisor under this Agreement shall be held by the Manager Advisor as custodian for the Company or such Subsidiary, and the ManagerAdvisor’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager Advisor of a written request signed by a duly authorized officer or director of the Company requesting the Manager Advisor to release to the Company or any Subsidiary any money or other property then held by the Manager Advisor for the account of the Company or any Subsidiary under this Agreement, the Manager Advisor shall release such money or other property to the Company or any Subsidiary within a reasonable period of timesuch Subsidiary, but in no event later than sixty (60) 10 days following such request. The Manager Advisor shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s or a Subsidiary’s stockholders stockholders, members or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first second sentence of this Section 1718. The Company and any Subsidiary shall indemnify the Manager Advisor and its members, managers, officers and employees the other Advisor Indemnified Parties against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the ManagerAdvisor’s release of such money or other property to the Company or any such Subsidiary in accordance with the terms of this Section 1718. Indemnification pursuant to this provision shall be in addition to any right of the Manager Advisor or any such other Advisor Indemnified Party to indemnification under Section 11 of this Agreement.
Appears in 4 contracts
Samples: Advisory Agreement, Advisory Agreement (City Office REIT, Inc.), Advisory Agreement (City Office REIT, Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or Subsidiary Acquired Companies held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or SubsidiaryAcquired Companies, and the Manager’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such SubsidiaryAcquired Companies. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary Acquired Companies any money or other property then held by the Manager for the account of the Company or any Subsidiary Acquired Companies under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary Acquired Companies within a reasonable period of time, but in no event later than sixty (60) days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, any Director or the Company’s or a Subsidiary’s the Acquired Companies stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary the Acquired Companies in connection with the money or other property released to the Company or any Subsidiary Acquired Companies in accordance with the first sentence of this Section 1718. The Company and any Subsidiary shall indemnify the Manager and its members, managers, officers officers, affiliates, consultants, agents and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary Acquired Companies in accordance with the terms of this Section 1718. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.
Appears in 4 contracts
Samples: Management and Advisory Agreement, Management and Advisory Agreement (New Media Investment Group Inc.), Management and Advisory Agreement (New Media Investment Group Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company Company, any Series or any Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company Company, Series or Subsidiary, and the Manager’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company Company, Series or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company Company, any Series or any Subsidiary any money or other property then held by the Manager for the account of the Company Company, any Series or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company Company, any Series or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 30 days following such request. The Manager shall not be liable to the Company, any Series, any Subsidiary, the Independent Directors, or the Company’s or a Subsidiary’s stockholders shareholders, members or partners for any acts performed or omissions to act by the Company Company, any Series or any Subsidiary in connection with the money or other property released to the Company Company, any Series or any Subsidiary in accordance with the first second sentence of this Section 17. The Company Company, the Series and any each Subsidiary shall indemnify the Manager and Manager, its officers, shareholders, members, managers, officers directors, employees, consultants, personnel, any Person controlling or controlled by the Manager and employees any of such Person’s officers, shareholders, members, managers, directors, employees, consultants and personnel, and any Person providing sub-advisory services to the Manager against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company Company, any Series or any Subsidiary in accordance with the terms of this Section 17. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.
Appears in 3 contracts
Samples: Operating Agreement (Apollo Asset Backed Credit Co LLC), Operating Agreement (Apollo Asset Backed Credit Co LLC), Operating Agreement (Apollo Asset Backed Credit Co LLC)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or any Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or such Subsidiary, and the Manager’s records shall be appropriately and clearly marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 45 days following such request. The Upon delivery of such money or other property to the Company, the Manager shall not be liable to the Company, any Subsidiary, the Independent Board of Directors, or the Company’s Stockholders or a Subsidiary’s stockholders or partners the interest holders of any Subsidiary for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first sentence of this Section 17Section. The Company and any Subsidiary the Operating Partnership shall indemnify the Manager and its members, Affiliates and their respective managers, officers officers, directors, trustees, employees and employees members and any Person providing sub-advisory services to the Manager against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoeverwhatsoever (including reasonable attorneys’ fees), which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 1716. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 9 of this Agreement.
Appears in 3 contracts
Samples: Management Agreement (Angel Oak Mortgage REIT, Inc.), Management Agreement (Angel Oak Mortgage, Inc.), Management Agreement (Angel Oak Mortgage, Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s or a Subsidiary’s stockholders shareholders or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first sentence of this Section 17. The Company and any Subsidiary shall indemnify the Manager and its members, managers, officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 17. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.
Appears in 3 contracts
Samples: Management and Advisory Agreement, Management and Advisory Agreement (Fortress Transportation & Infrastructure Investors LLC), Management and Advisory Agreement (Fortress Transportation & Infrastructure Investors LLC)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or any Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or such Subsidiary, and the Manager’s records shall be appropriately and clearly marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 30 days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s or a Subsidiary’s stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first second sentence of this Section 1718. The Company and any Subsidiary shall indemnify the Manager and its membersofficers, managersdirectors, officers personnel and employees managers against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 1718. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 12 of this Agreement.
Appears in 3 contracts
Samples: Management Agreement (Safety, Income & Growth, Inc.), Management Agreement (Safety, Income & Growth, Inc.), Management Agreement (Safety, Income & Growth, Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company SpinCo or any Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company SpinCo or such Subsidiary, and the Manager’s records shall be appropriately and clearly marked clearly to reflect the ownership of such money or other property by the Company SpinCo or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company SpinCo requesting the Manager to release to the Company SpinCo or any Subsidiary any money or other property then held by the Manager for the account of the Company SpinCo or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company SpinCo or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 30 days following such request. The Manager shall not be liable to the CompanySpinCo, any Subsidiary, the Independent DirectorsTrustees, or the CompanySpinCo’s or a Subsidiary’s stockholders or partners for any acts performed or omissions to act by the Company SpinCo or any Subsidiary in connection with the money or other property released to the Company SpinCo or any Subsidiary in accordance with the first second sentence of this Section 1718. The Company SpinCo and any Subsidiary shall indemnify the Manager and its membersofficers, managersdirectors, officers personnel and employees managers against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company SpinCo or any Subsidiary in accordance with the terms of this Section 1718. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 12 of this Agreement.
Appears in 2 contracts
Samples: Management Agreement (Istar Inc.), Management Agreement (Star Holdings)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or Subsidiary requested by the Company to be held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any such money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s or a Subsidiary’s stockholders shareholders or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first second sentence of this Section 17. The Company and any Subsidiary shall indemnify the Manager and its members, managers, officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 17. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.
Appears in 2 contracts
Samples: Interim Management Agreement, Interim Management Agreement (Sunset Financial Resources Inc)
Release of Money or Other Property Upon Written Request. To the extent the Manager shall have charge or possession of any of the Company’s assets in connection with the provision of services under this Agreement, the Manager shall separately maintain, and not commingle, the assets of the Company with those of the Manager or any other Person. The Manager agrees that any money or other property of the Company or Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 60 days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s or a Subsidiary’s stockholders or partners stockholders, for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first third sentence of this Section 1715. The Company and any Subsidiary shall indemnify the Manager and its members, managers, officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 17Section. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.
Appears in 2 contracts
Samples: Management Agreement (Sutioc Enterprises, Inc), Management Agreement (Us Wireless Online Inc)
Release of Money or Other Property Upon Written Request. To the extent the Vendor shall have charge or possession of any of the Company’s or US Wireless assets in connection with the provision of services under this Agreement, the Vendor shall separately maintain, and not commingle, the assets of the Company or US Wireless with those of the Vendor or any other Person. The Manager Vendor agrees that any money or other property of the Company or US Wireless or Subsidiary held by the Manager Vendor under this Agreement shall be held by the Manager Vendor as custodian for the Company Company, US Wireless or Subsidiary, and the ManagerVendor’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company Company, US Wireless or such Subsidiary. Upon the receipt by the Manager Vendor of a written request signed by a duly authorized officer of the Company or US Wireless requesting the Manager Vendor to release to the Company Company, US Wireless or any Subsidiary any money or other property then held by the Manager Vendor for the account of the Company Company, US Wireless or any Subsidiary under this Agreement, the Manager Vendor shall release such money or other property to the Company Company, US Wireless or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 60 days following such request. The Manager Vendor shall not be liable to the Company, US Wireless any Subsidiary, the Independent Directors, or the Company’s ’s, US Wireless’ or a Subsidiary’s stockholders or partners stockholders, for any acts performed or omissions to act by the Company Company, US Wireless or any Subsidiary in connection with the money or other property released to the Company Company, US Wireless or any Subsidiary in accordance with the first third sentence of this Section 1715. The Company Company, US Wireless and any Subsidiary shall indemnify the Manager Vendor and its members, managers, officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the ManagerVendor’s release of such money or other property to the Company Company, US Wireless or any Subsidiary in accordance with the terms of this Section 17Section. Indemnification pursuant to this provision shall be in addition to any right of the Manager Vendor to indemnification under Section 11 of this Agreement. Provided however, nothing in this Section 15, shall prevent the Vendor from failing to release any funds which are due to Vendor or to which Vendor has a good faith claim as due to Vendor in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: Management Services and Vendor Agreement (IElement CORP), Management Services and Vendor Agreement (IElement CORP)
Release of Money or Other Property Upon Written Request. The Sub-Manager agrees that any money or other property of the Company or Subsidiary held by the Sub-Manager under this Agreement shall be held by the Sub-Manager as custodian for the Company or SubsidiaryCompany, and the Sub-Manager’s 's records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such SubsidiaryCompany. Upon the receipt by the Sub-Manager of a written request signed by a duly authorized officer of the Company or the Manager requesting the Sub-Manager to release to the Company or any Subsidiary any money or other property then held by the Sub-Manager for the account of the Company or any Subsidiary under this Agreement, the Sub-Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 30 days following such request. The Sub-Manager shall not be liable to the Manager, Company, any Subsidiary, the Independent Directors, or the Company’s 's or a Subsidiary’s subsidiary's stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary the Manager in connection with the money or other property released to the Company or any Subsidiary in accordance with the first sentence of this Section 17Section. The Company and any Subsidiary shall indemnify the Manager and Sub-Manager, its membersdirectors, managersofficers, officers stockholders and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Sub-Manager’s 's release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 1714. Indemnification pursuant to this provision shall be in addition to any right of the Sub-Manager to indemnification under Section 11 10 of this Agreement.
Appears in 2 contracts
Samples: Sub Management Agreement (FBR Asset Investment Corp/Va), Sub Management Agreement (FBR Asset Investment Corp Md)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or any Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 30 days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s or a Subsidiary’s stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first second sentence of this Section 17. The Company and any Subsidiary shall indemnify the Manager and its membersofficers, directors, personnel, managers, and officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 17. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.
Appears in 2 contracts
Samples: Management Agreement (Invesco Mortgage Capital Inc.), Management Agreement (Invesco Mortgage Capital Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or any Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s 's records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 30 days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Board of Directors, or the Company’s 's or a Subsidiary’s 's stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first second sentence of this Section 1716. The Company and any Subsidiary shall indemnify the Manager and its membersofficers, directors, personnel, managers, and officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 1716. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 10 of this Agreement.
Appears in 2 contracts
Samples: Management Agreement (Terra Property Trust, Inc.), Management Agreement (Western Asset Mortgage Capital Corp)
Release of Money or Other Property Upon Written Request. The Manager Advisor agrees that any money or other property of the Company or Subsidiary any of its Subsidiaries held by the Manager Advisor under this Agreement shall be held by the Manager Advisor as custodian for the Company or any such Subsidiary, and the Manager’s Advisor's records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or any such Subsidiary. Upon the receipt by the Manager Advisor of a written request signed by a duly authorized officer of the Company requesting the Manager Advisor to release to the Company or any Subsidiary of its Subsidiaries any money or other property then held by the Manager Advisor for the account of the Company or any Subsidiary of its Subsidiaries under this Agreement, the Manager Advisor shall release such money or other property to the Company or any Subsidiary of its Subsidiaries within a reasonable period of time, but in no event later than sixty (60) 60 days following such request. The Manager Advisor shall not be liable to the Company, any SubsidiarySubsidiary of the Company, the Independent Directors, or the Company’s 's or a its Subsidiary’s 's stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary of its Subsidiaries in connection with the money or other property released to the Company or any Subsidiary of its Subsidiaries in accordance with the first sentence of this Section 1718. The Company and any Subsidiary of its Subsidiaries shall indemnify the Manager and Advisor, its membersdirectors, managersofficers, officers stockholders and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s Advisor's release of such money or other property to the Company or any Subsidiary of its Subsidiaries in accordance with the terms of this Section 1718. Indemnification pursuant to this provision shall be in addition to any right of the Manager Advisor to indemnification under Section 11 of this Agreement.
Appears in 2 contracts
Samples: Advisory Agreement (America First Mortgage Investments Inc), Advisory Agreement (America First Mortgage Investments Inc)
Release of Money or Other Property Upon Written Request. The Manager agrees that any Any money or other property of the Company or Subsidiary Managed Entities held by the Manager under this Agreement shall be held by the Manager as custodian for the Company Partnership or Subsidiaryother Managed Entity, and the Manager’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company Partnership or such SubsidiaryManaged Entity. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company Partnership requesting the Manager to release to the Company Partnership or any Subsidiary Managed Entity any money or other property then held by the Manager for the account of the Company Partnership or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company Partnership or any Subsidiary within a reasonable period of timeManaged Entity, but in no event later than sixty (60) 10 business days following such request. The Manager shall not be liable to the CompanyPartnership, any SubsidiaryManaged Entity, the Independent DirectorsGeneral Partner, or the CompanyPartnership’s or a SubsidiaryManaged Entity’s stockholders shareholders, interest holders or partners for any acts performed or omissions to act by the Company Partnership or any Subsidiary Managed Entity in connection with the money or other property released to the Company Partnership or any Subsidiary Managed Entity in accordance with the first second sentence of this Section 17SECTION 21. The Company Partnership and any Subsidiary Managed Entity shall indemnify the Manager and its members, managers, officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company Partnership or any Subsidiary Managed Entity in accordance with the terms of this Section 17SECTION 21. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 SECTION 14 of this Agreement.
Appears in 2 contracts
Samples: Management Agreement (Steel Partners Holdings L.P.), Management Agreement (Steel Partners Holdings L.P.)
Release of Money or Other Property Upon Written Request. The Manager Advisor agrees that any money or other property of the Company or Subsidiary held by the Manager Advisor under this Agreement shall be held by the Manager Advisor as custodian for the Company or Subsidiary, and the ManagerAdvisor’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager Advisor of a written request signed by a duly authorized officer of the Company requesting the Manager Advisor to release to the Company or any Subsidiary any money or other property then held by the Manager Advisor for the account of the Company or any Subsidiary under this Agreement, the Manager Advisor shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) days following such request. The Manager Advisor shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s or a Subsidiary’s stockholders stockholders, partners or partners members for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first second sentence of this Section 17. The Company and any Subsidiary shall indemnify the Manager Advisor and its members, managerssub-advisors, officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the ManagerAdvisor’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 17. Indemnification pursuant to this provision shall be in addition to any right of the Manager Advisor to indemnification under Section 11 of this Agreement.
Appears in 2 contracts
Samples: Advisory Agreement (JMP Group Inc.), Advisory Agreement (New York Mortgage Trust Inc)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) thirty days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s or a Subsidiary’s stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first second sentence of this Section 17. The Company and any Subsidiary shall indemnify the Manager and its membersofficers, directors, employees, managers, officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 17. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.
Appears in 2 contracts
Samples: Management Agreement (Annaly Capital Management Inc), Management Agreement (Annaly Capital Management Inc)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or any Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 30 days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s or a Subsidiary’s stockholders stockholders, members or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first second sentence of this Section 17. The Company and any Subsidiary shall indemnify the Manager and its members, managers, officers and employees the other Manager Indemnified Parties against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 17. Indemnification pursuant to this provision shall be in addition to any right of the Manager or any such other Manager Indemnified Party to indemnification under Section 11 of this Agreement.
Appears in 2 contracts
Samples: Management Agreement (Two Harbors Investment Corp.), Management Agreement (Capitol Acquisition Corp)
Release of Money or Other Property Upon Written Request. The Manager Advisor agrees that any money or other property of the Company or Subsidiary any of its Subsidiaries held by the Manager Advisor under this Agreement shall be held by the Manager Advisor as custodian for the Company or any such Subsidiary, and the Manager’s Advisor's records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or any such Subsidiary. Upon the receipt by the Manager Advisor of a written request signed by a duly authorized officer of the Company requesting the Manager Advisor to release to the Company or any Subsidiary of its Subsidiaries any money or other property then held by the Manager Advisor for the account of the Company or any Subsidiary of its Subsidiaries under this Agreement, the Manager Advisor shall release such money or other property to the Company or any Subsidiary of its Subsidiaries within a reasonable period of time, but in no event later than sixty (60) 60 days following such request. The Manager Advisor shall not be liable to the Company, any Subsidiary, Subsidiary of the Independent DirectorsCompany, or the Company’s any of their respective officers, directors, stockholders, employees or a Subsidiary’s stockholders or partners agents for any acts performed or omissions to act by the Company or any Subsidiary of its Subsidiaries in connection with the money or other property released to the Company or any Subsidiary of its Subsidiaries in accordance with the first sentence of this Section 17. The Company and any Subsidiary of its Subsidiaries shall indemnify the Manager and Advisor, its membersdirectors, managersofficers, officers stockholders and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s Advisor's release of such money or other property to the Company or any Subsidiary of its Subsidiaries in accordance with the terms of this Section 17. Indemnification pursuant to this provision shall be in addition to any right of the Manager Advisor to indemnification under Section 11 10 of this Agreement.
Appears in 2 contracts
Samples: Advisory Agreement (America First Apartment Investors Inc), Advisory Agreement (America First Apartment Investors Inc)
Release of Money or Other Property Upon Written Request. The ------------------------------------------------------- Manager agrees that any money or other property of the Company or any Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or any Subsidiary, and the Manager’s 's records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 60 days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directorsdirectors, or the Company’s 's or a Subsidiary’s 's stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first sentence of this Section 17Section. The Company and any Subsidiary shall indemnify the Manager and Manager, its membersdirectors, managersofficers, officers stockholders and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s 's release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 1719 of this Agreement. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.
Appears in 2 contracts
Samples: Management Agreement (Wilshire Financial Services Group Inc), Management Agreement (Wilshire Real Estate Investment Trust Inc)
Release of Money or Other Property Upon Written Request. The Manager Advisor agrees that any money or other property of the Company or Subsidiary held by the Manager Advisor under this Agreement shall be held by the Manager Advisor as custodian for the Company or Subsidiary, and the ManagerAdvisor’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager Advisor of a written request signed by a duly authorized officer of the Company requesting the Manager Advisor to release to the Company or any Subsidiary any money or other property then held by the Manager Advisor for the account of the Company or any Subsidiary under this Agreement, the Manager Advisor shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) days following such request. The Manager Advisor shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s or a Subsidiary’s stockholders stockholders, partners or partners members for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first second sentence of this Section 1718. The Company and any Subsidiary shall indemnify the Manager Advisor and its members, managerssub-advisors, officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the ManagerAdvisor’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 1718. Indemnification pursuant to this provision shall be in addition to any right of the Manager Advisor to indemnification under Section 11 of this Agreement.
Appears in 2 contracts
Samples: Advisory Agreement (Harvest Capital Strategies LLC), Advisory Agreement (New York Mortgage Trust Inc)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 60 days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s or a Subsidiary’s stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first second sentence of this Section 17. The Company and any Subsidiary shall indemnify the Manager and its members, managers, officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 17. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.
Appears in 2 contracts
Samples: Management Agreement (Cypress Sharpridge Investments, Inc.), Management Agreement (Cypress Sharpridge Investments, Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or any Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 30 days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s or a Subsidiary’s stockholders stockholders, members or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first second sentence of this Section 1718. The Company and any Subsidiary shall indemnify the Manager and its members, managers, officers and employees the other Manager Indemnified Parties against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 1718. Indemnification pursuant to this provision shall be in addition to any right of the Manager or any such other Manager Indemnified Party to indemnification under Section 11 of this Agreement.
Appears in 2 contracts
Samples: Management Agreement (Silver Bay Realty Trust Corp.), Management Agreement (Silver Bay Realty Trust Corp.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or any Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 30 days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s or a Subsidiary’s stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first second sentence of this Section 17. The Company and any Subsidiary shall indemnify the Manager and its membersofficers, directors, personnel, managers, and officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 17. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.this
Appears in 1 contract
Samples: Management Agreement (Provident Mortgage Capital Associates, Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s 's records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s 's or a Subsidiary’s Subsid- iary's stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first sentence of this Section 17. The Company and any Subsidiary shall indemnify the Manager and its members, managers, officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s 's release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 17. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.
Appears in 1 contract
Samples: Management and Advisory Agreement (Newcastle Investment Corp)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or Subsidiary any of its Subsidiaries held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiaryany of its Subsidiaries, and the Manager’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or any such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary of its Subsidiaries any money or other property then held by the Manager for the account of the Company or any Subsidiary of its Subsidiaries under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary of its Subsidiaries within a reasonable period of time, but in no event later than sixty (60) 30 days following such request. The Manager shall not be liable to the Company, any Subsidiaryof its Subsidiaries, the Independent Directors, or the Company’s or a Subsidiary’s any of its Subsidiaries’ stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary of its Subsidiaries in connection with the money or other property released to the Company or any Subsidiary of its Subsidiaries in accordance with the first immediately preceding sentence of this Section 1716. The Company and any Subsidiary shall indemnify the Manager and its officers, directors, stockholders, members, managerspartners, officers managers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary of its Subsidiaries in accordance with the terms of this Section 1716. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.
Appears in 1 contract
Release of Money or Other Property Upon Written Request. The Manager Administrative Agent agrees that any money or other property of the Company A-1 Series or any Subsidiary held by the Manager Administrative Agent under this Agreement shall be held by the Manager Administrative Agent as custodian for the Company A-1 Series or Subsidiary, and the Manager’s Administrative Agent's records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company A-1 Series or such Subsidiary. Upon the receipt by the Manager Administrative Agent of a written request signed by a duly authorized officer of the Company Officer requesting the Manager Administrative Agent to release to the Company A-1 Series or any Subsidiary any money or other property then held by the Manager Administrative Agent for the account of the Company A-1 Series or any Subsidiary under this Agreement, the Manager Administrative Agent shall release such money or other property to the Company A-1 Series or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 30 days following such request. The Manager Administrative Agent shall not be liable to the Company, the A-1 Series, any Subsidiary, the Independent Board of Directors, the General Partners, or the Company’s 's or a Subsidiary’s stockholders 's members, shareholders or partners or their respective Affiliates for any acts performed or omissions to act by the Company A-1 Series or any Subsidiary in connection with the money or other property released to the Company A-1 Series or any Subsidiary in accordance with the first second sentence of this Section 17. The Company A-1 Series, the Property LP and any other Subsidiary shall shall, jointly and severally, indemnify the Manager Administrative Agent and its membersofficers, managersdirectors, personnel, agents, and officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s Administrative Agent's release of such money or other property to the Company A-1 Series or any Subsidiary in accordance with the terms of this Section 17. Indemnification pursuant to this provision shall be in addition to any right of the Manager Administrative Agent Indemnified Parties to indemnification under Section 11 of this Agreement.
Appears in 1 contract
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s 's records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty thirty (6030) days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s 's or a Subsidiary’s 's stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first second sentence of this Section 17. The Company and any Subsidiary shall indemnify the Manager and its membersofficers, directors, employees, managers, officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s 's release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 17. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.
Appears in 1 contract
Samples: Management Agreement (Annaly Capital Management Inc)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company Residential or any Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company Residential or such Subsidiary, and the Manager’s records shall be appropriately and clearly marked clearly to reflect the ownership of such money or other property by the Company Residential or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company Residential requesting the Manager to release to the Company or any Subsidiary Residential any money or other property then held by the Manager for the account of the Company Residential or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company Residential or any Subsidiary designated by Residential within a reasonable period of time, but in no event later than sixty thirty (6030) calendar days following such request. The Upon delivery of such money or other property to Residential or the appropriate Subsidiary, the Manager shall not be liable to the CompanyResidential, any Subsidiary, the Independent Board of Directors, or the Company’s stockholders of Residential or a Subsidiary’s stockholders or partners the interest holders of any Subsidiary for any acts performed or omissions to act by the Company Residential or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first sentence of this Section 1718. The Company Residential and any Subsidiary the Partnership shall indemnify the Manager and its membersAffiliates and their respective directors, trustees, officers, managers, officers employees and employees members of the Manager against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 1718. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.
Appears in 1 contract
Samples: Asset Management Agreement (Altisource Residential Corp)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or any Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s records and accounts shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 30 days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s or a Subsidiary’s stockholders stockholders, members or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first second sentence of this Section 17. The Company and any Subsidiary shall indemnify the Manager and its members, managers, officers and employees the other Manager Indemnified Parties against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 17. Indemnification pursuant to this provision shall be in addition to any right of the Manager or any such other Manager Indemnified Party to indemnification under Section 11 of this Agreement.
Appears in 1 contract
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s or a Subsidiary’s stockholders shareholders, interest holders or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first second sentence of this Section 17. The Company and any Subsidiary shall indemnify the Manager and its members, managers, officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 17. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.
Appears in 1 contract
Release of Money or Other Property Upon Written Request. The Manager agrees that any Any money or other property of the Company or Subsidiary Managed Entities held by the Manager under this Agreement shall be held by the Manager as custodian for the Company Partnership or Subsidiaryother Managed Entity, and the Manager’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company Partnership or such SubsidiaryManaged Entity. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company Partnership requesting the Manager to release to the Company Partnership or any Subsidiary Managed Entity any money or other property then held by the Manager for the account of the Company Partnership or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company Partnership or any Subsidiary within a reasonable period of timeManaged Entity, but in no event later than sixty (60) 10 business days following such request. The Manager shall not be liable to the CompanyPartnership, any SubsidiaryManaged Entity, the Independent DirectorsGeneral Partner, or the CompanyPartnership’s or a SubsidiaryManaged Entity’s stockholders shareholders, interest holders or partners for any acts performed or omissions to act by the Company Partnership or any Subsidiary Managed Entity in connection with the money or other property released to the Company Partnership or any Subsidiary Managed Entity in accordance with the first second sentence of this Section 17SECTION 20. The Company Partnership and any Subsidiary Managed Entity shall indemnify the Manager and its members, managers, officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company Partnership or any Subsidiary Managed Entity in accordance with the terms of this Section 17SECTION 20. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 SECTION 13 of this Agreement.
Appears in 1 contract
Samples: Management Agreement (Steel Partners Holdings L.P.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 60 days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s or a Subsidiary’s stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first second sentence of this Section 17Section. The Company and any Subsidiary shall indemnify the Manager and its members, managers, officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 17Section. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.
Appears in 1 contract
Release of Money or Other Property Upon Written Request. The Manager agrees that any Any money or other property of the Company or Subsidiary Managed Entities held by the Manager under this Agreement shall be held by the Manager as custodian for the Company SP Corporate or Subsidiaryother Managed Entity, and the Manager’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company SP Corporate or such SubsidiaryManaged Entity. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company SP Corporate requesting the Manager to release to the Company SP Corporate or any Subsidiary Managed Entity any money or other property then held by the Manager for the account of SP Corporate, the Company Partnership or any Subsidiary under this Agreement, the Manager shall release such money or other property to SP Corporate, the Company Partnership or any Subsidiary within a reasonable period of timeManaged Entity, but in no event later than sixty (60) 10 business days following such request. The Manager shall not be liable to SP Corporate, the CompanyPartnership, any SubsidiaryManaged Entity, the Independent DirectorsGeneral Partner, or the CompanyPartnership’s or a SubsidiaryManaged Entity’s stockholders shareholders, interest holders or partners for any acts performed or omissions to act by SP Corporate, the Company Partnership or any Subsidiary Managed Entity in connection with the money or other property released to SP Corporate, the Company Partnership or any Subsidiary Managed Entity in accordance with the first second sentence of this Section 17SECTION 20. The Company SP Corporate and any Subsidiary Managed Entity shall indemnify the Manager and its members, managers, officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to SP Corporate, the Company Partnership or any Subsidiary Managed Entity in accordance with the terms of this Section 17SECTION 20. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 SECTION 13 of this Agreement.
Appears in 1 contract
Samples: Management Agreement (Steel Partners Holdings L.P.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or any Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 30 days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s or a Subsidiary’s stockholders shareholders or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first second sentence of this Section 17. The Company and any each Subsidiary shall indemnify the Manager and its membersofficers, managersdirectors, personnel, managers and officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 17. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.
Appears in 1 contract
Release of Money or Other Property Upon Written Request. The Manager agrees that any Any money or other property of the Company or Subsidiary Managed Entities held by the Manager under this Agreement shall be held by the Manager as custodian for the Company Partnership or Subsidiaryother Managed Entity, and the Manager’s 's records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company Partnership or such SubsidiaryManaged Entity. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company Partnership requesting the Manager to release to the Company Partnership or any Subsidiary Managed Entity any money or other property then held by the Manager for the account of the Company Partnership or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company Partnership or any Subsidiary within a reasonable period of timeManaged Entity, but in no event later than sixty (60) 10 business days following such request. The Manager shall not be liable to the CompanyPartnership, any SubsidiaryManaged Entity, the Independent DirectorsGeneral Partner, or the Company’s Partnership's or a Subsidiary’s stockholders Managed Entity's shareholders, interest holders or partners for any acts performed or omissions to act by the Company Partnership or any Subsidiary Managed Entity in connection with the money or other property released to the Company Partnership or any Subsidiary Managed Entity in accordance with the first second sentence of this Section 17SECTION 21. The Company Partnership and any Subsidiary Managed Entity shall indemnify the Manager and its members, managers, officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s 's release of such money or other property to the Company Partnership or any Subsidiary Managed Entity in accordance with the terms of this Section 17SECTION 21. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 SECTION 14 of this Agreement.
Appears in 1 contract
Samples: Management Agreement (Steel Partners Holdings L.P.)
Release of Money or Other Property Upon Written Request. The Manager Administrative Agent agrees that any money or other property of the Company A-1 Series or any Subsidiary held by the Manager Administrative Agent under this Agreement shall be held by the Manager Administrative Agent as custodian for the Company A-1 Series or Subsidiary, and the Manager’s Administrative Agent's records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company A-1 Series or such Subsidiary. Upon the receipt by the Manager Administrative Agent of a written request signed by a duly authorized officer of the Company Officer requesting the Manager Administrative Agent to release to the Company A-1 Series or any Subsidiary any money or other property then held by the Manager Administrative Agent for the account of the Company A-1 Series or any Subsidiary under this Agreement, the Manager Administrative Agent shall release such money or other property to the Company A-1 Series or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 30 days following such request. The Manager Administrative Agent shall not be liable to the Company, the A-1 Series, any Subsidiary, the Independent Board of Directors, or the Company’s 's or a Subsidiary’s stockholders 's members, shareholders or partners or their respective Affiliates for any acts performed or omissions to act by the Company A-1 Series or any Subsidiary in connection with the money or other property released to the Company A-1 Series or any Subsidiary in accordance with the first second sentence of this Section Section 17. The Company A-1 Series, the Property LLC and any other Subsidiary shall shall, jointly and severally, indemnify the Manager Administrative Agent and its membersofficers, managersdirectors, personnel, agents, and officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s Administrative Agent's release of such money or other property to the Company A-1 Series or any Subsidiary in accordance with the terms of this Section Section 17. Indemnification pursuant to this provision shall be in addition to any right of the Manager Administrative Agent Indemnified Parties to indemnification under Section Section 11 of this Agreement.
Appears in 1 contract
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or any Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 30 days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s or a Subsidiary’s stockholders securityholders or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first second sentence of this Section 1718. The Company and any Subsidiary shall indemnify the Manager and its membersofficers, directors, personnel, managers, and officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 1718. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 12 of this Agreement.
Appears in 1 contract
Samples: Management Agreement (Ladder Capital Realty Finance Inc)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s 's records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 60 days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s 's or a Subsidiary’s 's stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first sentence of this Section 17Section. The Company and any Subsidiary shall indemnify the Manager and Manager, its membersdirectors, managersofficers, officers stockholders and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s 's release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 1717 of this Agreement. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.
Appears in 1 contract
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company Front Yard or any Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company Front Yard or such Subsidiary, and the Manager’s records shall be appropriately and clearly marked clearly to reflect the ownership of such money or other property by the Company Front Yard or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company Front Yard requesting the Manager to release to the Company or any Subsidiary Front Yard any money or other property then held by the Manager for the account of the Company Front Yard or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company Front Yard or any Subsidiary designated by Front Yard within a reasonable period of time, but in no event later than sixty thirty (6030) days following such request. The Upon delivery of such money or other property to Front Yard or the appropriate Subsidiary, Manager shall not be liable to the CompanyFront Yard, any Subsidiary, the Independent DirectorsBoard, or the Company’s stockholders of Front Yard or a Subsidiary’s stockholders or partners the interest holders of any Subsidiary for any acts performed or omissions to act by the Company Front Yard or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first sentence of this Section 1714. The Company Front Yard and any Subsidiary FYR LP shall indemnify the Manager and its members, managers, officers and employees the other Manager Indemnified Parties against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, Losses which arise in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 1714. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 8 of this Agreement.
Appears in 1 contract
Samples: Asset Management Agreement (Altisource Asset Management Corp)
Release of Money or Other Property Upon Written Request. The Asset Manager agrees that any money or other property of the Company Property LP or any Subsidiary held by the Asset Manager under this Agreement shall be held by the Asset Manager as custodian for the Company Property LP or Subsidiary, and the Asset Manager’s 's records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company Property LP or such Subsidiary. Upon the receipt by the Asset Manager of a written request signed by a duly authorized officer of the Company REIT General Partner and the Fortis General Partner requesting the Asset Manager to release to the Company Property LP or any Subsidiary any money or other property then held by the Asset Manager for the account of the Company Property LP or any Subsidiary under this Agreement, the Asset Manager shall release such money or other property to the Company Property LP or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 30 days following such request. The Asset Manager shall not be liable to the CompanyProperty LP, any Subsidiary, the Independent DirectorsGeneral Partners, or the Company’s Property LP's or a Subsidiary’s stockholders 's members, shareholders or partners or their respective Affiliates for any acts performed or omissions to act by the Company Property LP or any Subsidiary in connection with the money or other property released to the Company Property LP or any Subsidiary in accordance with the first second sentence of this Section 1715. The Company Property LP and any other Subsidiary shall shall, jointly and severally, indemnify the Asset Manager and its membersofficers, managersdirectors, personnel, agents, and officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Asset Manager’s 's release of such money or other property to the Company Property LP or any Subsidiary in accordance with the terms of this Section 1715. Indemnification pursuant to this provision shall be in addition to any right of the Asset Manager Indemnified Parties to indemnification under Section 11 9 of this Agreement.
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Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s 's records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 60 days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Unaffiliated Directors, or the Company’s 's or a Subsidiary’s 's stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first sentence of this Section 17Section. The Company and any Subsidiary shall indemnify the Manager and Manager, its membersdirectors, managersofficers, officers stockholders and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s 's release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 1719 of this Agreement. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.
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Release of Money or Other Property Upon Written Request. The Manager Advisor agrees that any money or other property of the Company or Subsidiary any of its Subsidiaries held by the Manager Advisor under this Agreement shall be held by the Manager Advisor as custodian for the Company or any such Subsidiary, and the ManagerAdvisor’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or any such Subsidiary. Upon the receipt by the Manager Advisor of a written request signed by a duly authorized officer of the Company requesting the Manager Advisor to release to the Company or any Subsidiary of its Subsidiaries any money or other property then held by the Manager Advisor for the account of the Company or any Subsidiary of its Subsidiaries under this Agreement, the Manager Advisor shall release such money or other property to the Company or any Subsidiary of its Subsidiaries within a reasonable period of time, but in no event later than sixty (60) 60 days following such request. The Manager Advisor shall not be liable to the Company, any Subsidiary, Subsidiary of the Independent DirectorsCompany, or the Company’s any of their respective officers, directors, stockholders, employees or a Subsidiary’s stockholders or partners agents for any acts performed or omissions to act by the Company or any Subsidiary of its Subsidiaries in connection with the money or other property released to the Company or any Subsidiary of its Subsidiaries in accordance with the first sentence of this Section 17. The Company and any Subsidiary of its Subsidiaries shall indemnify the Manager and Advisor, its membersdirectors, managersofficers, officers stockholders and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the ManagerAdvisor’s release of such money or other property to the Company or any Subsidiary of its Subsidiaries in accordance with the terms of this Section 17. Indemnification pursuant to this provision shall be in addition to any right of the Manager Advisor to indemnification under Section 11 10 of this Agreement.
Appears in 1 contract
Samples: Advisory Agreement (America First Apartment Investors Inc)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or any Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiarysuch Subsidiary in a custodial capacity, and the Manager’s 's records shall be appropriately marked clearly to reflect clearly the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 60 days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Unaffiliated Directors, or the Company’s or a Subsidiary’s stockholders or partners 's Shareholders for any acts thereafter performed or omissions thereafter to act by the Company or any Subsidiary of the Company in connection with the money or other property released to the Company or any Subsidiary in accordance with the first sentence of this Section 17Section. The Company and any Subsidiary shall receiving released money or other property hereby agree to indemnify the Manager and Manager, its membersdirectors, managersofficers, officers shareholders and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s 's release of such money or other property to the Company or any such Subsidiary in accordance with the terms of this Section 17unless the Manager's release of such money constitutes bad faith, willful misconduct, gross negligence or reckless disregard of duties. Indemnification pursuant to this This provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement12.
Appears in 1 contract
Samples: Management Agreement (Countrywide Credit Industries Inc)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s 's records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s 's or a Subsidiary’s 's stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first second sentence of this Section 17. The Company and any Subsidiary shall indemnify the Manager and its members, managers, officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s 's release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 17. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.
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Release of Money or Other Property Upon Written Request. The Manager agrees that any Any money or other property of the Company or Subsidiary Managed Entities held by the Manager under this Agreement shall be held by the Manager as custodian for the Company Partnership or Subsidiaryother Managed Entity, and the Manager’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company Partnership or such SubsidiaryManaged Entity. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company Partnership requesting the Manager to release to the Company Partnership or any Subsidiary Managed Entity any money or other property then held by the Manager for the account of the Company Partnership or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company Partnership or any Subsidiary within a reasonable period of timeManaged Entity, but in no event later than sixty (60) 10 business days following such request. The Manager shall not be liable to the CompanyPartnership, any SubsidiaryManaged Entity, the Independent DirectorsGeneral Partner, or the CompanyPartnership’s or a SubsidiaryManaged Entity’s stockholders shareholders, interest holders or partners for any acts performed or omissions to act by the Company Partnership or any Subsidiary Managed Entity in connection with the money or other property released to the Company Partnership or any Subsidiary Managed Entity in accordance with the first second sentence of this Section 17SECTION 20. The Company Partnership and any Subsidiary Managed Entity shall indemnify the Manager and its members, managers, officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s release of such money or other property to the Company Partnership or any Subsidiary Managed Entity in accordance with the terms of this Section 17SECTION 20. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 SECTION 14 of this Agreement.
Appears in 1 contract
Samples: Management Agreement (Steel Partners Holdings L.P.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or Subsidiary and its Subsidiaries held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiaryand its Subsidiaries, and the Manager’s 's records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiaryand its Subsidiaries. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary such Subsidiary, respectively, any money or other property then held by the Manager for the account of the Company or any such Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary of its Subsidiaries within a reasonable period of time, but in no event later than sixty (60) 60 days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s 's or a Subsidiary’s any of its Subsidiaries' stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary of its Subsidiaries in connection with the money or other property released to the Company or any Subsidiary of its Subsidiaries in accordance with the first sentence of this Section 17Section. The Company and any Subsidiary its Subsidiaries jointly and severally shall indemnify the Manager indemnify, defend and its members, managers, officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with hold harmless the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 17. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement., its directors, officers, stockholders and
Appears in 1 contract
Samples: Management Agreement (Healthcare Financial Partners Reit Inc)
Release of Money or Other Property Upon Written Request. The ------------------------------------------------------- Manager agrees that any money or other property of the Company or Subsidiary any subsidiary of the Company held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiarysuch subsidiary, and the Manager’s 's records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiarysubsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary subsidiary of the Company any money or other property then held by the Manager for the account of the Company or any Subsidiary subsidiary of the Company under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary subsidiary of the Company within a reasonable period of time, but in no event later than sixty (60) 30 days following such request. The Manager shall not be liable to the Company, any Subsidiarysubsidiary of the Company, the Independent Directors, or the Company’s or a Subsidiary’s 's stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary subsidiary of the Company in connection with the money or other property released to the Company or any Subsidiary subsidiary of the Company in accordance with this Section. Subject to the first sentence of this Section 17. The foregoing, the Company and any Subsidiary shall indemnify the Manager and Manager, its membersdirectors, managersofficers, officers stockholders and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s 's release of such money or other property to the Company or any Subsidiary subsidiary of the Company in accordance with the terms of this Section 17. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.
Appears in 1 contract
Samples: Management Agreement (Thornburg Mortgage Asset Corp)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s 's records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty (60) 60 days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Directors, or the Company’s 's or a Subsidiary’s 's stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first sentence of this Section 17Section. The Company and any Subsidiary shall indemnify the Manager and its members, managers, officers and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s 's release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 17. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.
Appears in 1 contract
Samples: Management and Advisory Agreement (Northstar Capital Investment Corp /Md/)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company or any Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the Company or Subsidiary, and the Manager’s records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager Table of Contents to release to the Company or any Subsidiary any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than sixty thirty (6030) days following such request. The Manager shall not be liable to the Company, any Subsidiary, the Independent Board of Directors, or the Company’s or a Subsidiary’s stockholders stockholders, members or partners for any acts performed or omissions to act by the Company or any Subsidiary in connection with the money or other property released to the Company or any Subsidiary in accordance with the first second sentence of this Section 1718. The Company and any Subsidiary shall indemnify the Manager and its membersofficers, directors, personnel, managers, officers employees, stockholders, partners and employees agents from and against any and all expenses, losses, damages, liabilities, demands, charges and claims Losses that arise out of any nature whatsoever, which arise or in connection with the Manager’s release of such money or other property to the Company or any Subsidiary in accordance with the terms of this Section 1718. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 13 of this Agreement.
Appears in 1 contract
Samples: Master Combination Agreement (NorthStar Real Estate Income II, Inc.)
Release of Money or Other Property Upon Written Request. The Manager Advisor agrees that any money or other property of the Company or Subsidiary any of its Subsidiaries held by the Manager Advisor under this Agreement shall be held by the Manager Advisor as custodian for the Company or any such Subsidiary, and the Manager’s Advisor's records shall be appropriately marked clearly to reflect the ownership of such money or other property by the Company or any such Subsidiary. Upon the receipt by the Manager Advisor of a written request signed by a duly authorized officer of the Company requesting the Manager Advisor to release to the Company or any Subsidiary of its Subsidiaries any money or other property then held by the Manager Advisor for the account of the Company or any Subsidiary of its Subsidiaries under this Agreement, the Manager Advisor shall release such money or other property to the Company or any Subsidiary of its Subsidiaries within a reasonable period of time, but in no event later than sixty (60) 10 days following such request. The Manager Advisor shall not be liable to the Company, any SubsidiarySubsidiary of the Company, the Independent Directors, or the Company’s 's or a its Subsidiary’s 's stockholders or partners for any acts performed or omissions to act by the Company or any Subsidiary of its Subsidiaries in connection with the money or other property released to the Company or any Subsidiary of its Subsidiaries in accordance with the first sentence of this Section 1720. The Company and any Subsidiary of its Subsidiaries shall indemnify the Manager and Advisor, its membersdirectors, managersofficers, officers stockholders and employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s Advisor's release of such money or other property to the Company or any Subsidiary of its Subsidiaries in accordance with the terms of this Section 1720. Indemnification pursuant to this provision shall be in addition to any right of the Manager Advisor to indemnification under Section 11 10 of this Agreement.
Appears in 1 contract
Samples: Advisory Agreement (America First Real Estate Investment Co Inc)