Renewal Determination Clause Samples

Renewal Determination. In determining whether to renew this Agreement, the Company’s Board of Directors shall review the performance of the Managing Member to determine that the provisions of this Agreement are being carried out, and shall determine that the compensation paid to the Managing Member by the Company is reasonable based on all factors which the Company’s Board of Directors deem relevant, including, but not limited to: a) the size of the Management Fee in relating to the size, composition and profitability of the Company’s investments; b) success of the Managing Member in generating opportunities that meet the Company’s investment objectives; c) the rate charged to similar companies by REIT managers performing similar services; d) additional revenues realized by the Managing Member through the Managing Member’s relationship with the Company, whether paid by the Company or by others with whom the Company does business; e) the quality and extent of service furnished by the Managing Member, including frequency of problem investments and competency in dealing with distress situations; f) the performance of the Company’s investments, including both income and capital appreciation; and g) the quality of the Company’s investments in relation to the investments generated by the Managing Member for the Company’s own account.