Sale or Sales. (i) Any transaction or series of transactions whereby: (A) the Company or the Partnership (except as described in other subsections of this definition) sells, grants, transfers, conveys, or relinquishes its ownership of any Property or portion thereof, including the lease of any Property consisting of the building only, and including any event with respect to any Property which gives rise to a significant amount of insurance proceeds or condemnation awards; (B) the Company or the Partnership (except as described in other subsections of this definition) sells, puts, transfers, conveys, or relinquishes its ownership of all or substantially all of the interest of the Company or the Partnership in any joint venture in which it is a co-venturer or partner; (C) any joint venture (except as described in other subsections of this definition) in which the Company or the Partnership as a co-venturer or partner sells, grants, transfers, conveys, or relinquishes its ownership of any Property or portion thereof, including any event with respect to any Property which gives rise to insurance claims or condemnation awards; (D) the Company or the Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, conveys or relinquishes its interest in any loan or mortgage or any portion thereof (including with respect to any mortgage or loan, all payments thereunder or in satisfaction thereof other than regularly scheduled interest payments) of amounts owed pursuant to such loan or mortgage and any event which gives rise to the payment of a significant amount of insurance proceeds or condemnation or similar award; or (E) the Company or the Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, transfers, conveys or relinquishes its ownership of any other Property not previously described in this definition or any portion thereof, but (ii) not including any transaction or series of transactions specified in clause (i)(A), (i)(B), (i)(C), (i)(D) or (i)(E) above in which the proceeds of such transaction or series of transactions are reinvested in one or more Properties within one hundred eighty (180) days thereafter. Sponsor. Xxxxx & Xxxxx Company. Stockholders. The registered holders of the Shares.
Appears in 6 contracts
Samples: Amended and Restated Advisory Agreement (Grubb & Ellis Healthcare REIT II, Inc.), Advisory Agreement (Grubb & Ellis Healthcare REIT II, Inc.), Advisory Agreement (Grubb & Ellis Healthcare REIT II, Inc.)
Sale or Sales. (i) Any transaction or series of transactions whereby: (A) the Company or the Partnership (except as described in other subsections of this definition) directly or indirectly sells, grants, transfers, conveys, or relinquishes its ownership of any Property or portion thereof, including the lease of any Property consisting of the a building only, and including any event with respect to any Property which gives rise to a significant amount of insurance proceeds or condemnation awards; (B) the Company or the Partnership (except as described in other subsections of this definition) directly or indirectly sells, putsgrants, transfers, conveys, or relinquishes its ownership of all or substantially all of the interest of the Company or the Partnership in any joint venture Joint Venture in which it is a co-venturer or partner; (C) any joint venture Joint Venture (except as described in other subsections of this definition) in which the Company or the Partnership as a co-venturer or partner directly or indirectly sells, grants, transfers, conveys, or relinquishes its ownership of any Property or portion thereof, including any event with respect to any Property which gives rise to insurance claims or condemnation awards; (D) the Company or the Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, conveys or relinquishes its interest in any loan or mortgage or any portion thereof (including with respect to any mortgage or loan, all payments thereunder or in satisfaction thereof other than regularly scheduled interest payments) of amounts owed pursuant to such loan or mortgage and any event which gives rise to the payment of a significant amount of insurance proceeds or condemnation or similar award; or (E) the Company or the Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, transfers, conveys or relinquishes its ownership of any other Property not previously described in this definition or any portion thereof, but (ii) not including any transaction or series of transactions specified in clause (i)(A), (i)(B), (i)(C), (i)(D) or (i)(E) above in which the proceeds of such transaction or series of transactions are reinvested in one or more Properties within one hundred eighty (180) days thereafter. Sponsor. Xxxxx & Xxxxx Company. Stockholders. The registered holders of the Shares.
Appears in 6 contracts
Samples: Advisory Agreement (Griffin-American Healthcare REIT IV, Inc.), Form of Advisory Agreement (Griffin-American Healthcare REIT IV, Inc.), Form of Advisory Agreement (Griffin-American Healthcare REIT IV, Inc.)
Sale or Sales. (i) Any transaction or series of transactions whereby: (A) the Company or the Partnership (except as described in other subsections of this definition) sells, grants, transfers, conveys, or relinquishes its ownership of any Property or portion thereof, including the lease of any Property consisting of the building only, and including any event with respect to any Property which gives rise to a significant amount of insurance proceeds or condemnation awards; (B) the Company or the Partnership (except as described in other subsections of this definition) sells, puts, transfers, conveys, or relinquishes its ownership of all or substantially all of the interest of the Company or the Partnership in any joint venture in which it is a co-venturer or partner; (C) any joint venture (except as described in other subsections of this definition) in which the Company or the Partnership as a co-venturer or partner sells, grants, transfers, conveys, or relinquishes its ownership of any Property or portion thereof, including any event with respect to any Property which gives rise to insurance claims or condemnation awards; (D) the Company or the Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, conveys or relinquishes its interest in any loan or mortgage or any portion thereof (including with respect to any mortgage or loan, all payments thereunder or in satisfaction thereof other than regularly scheduled interest payments) of amounts owed pursuant to such loan or mortgage and any event which gives rise to the payment of a significant amount of insurance proceeds or condemnation or similar award; or (E) the Company or the Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, transfers, conveys or relinquishes its ownership of any other Property not previously described in this definition or any portion thereof, but (ii) not including any transaction or series of transactions specified in clause (i)(A), (i)(B), (i)(C), (i)(D) or (i)(E) above in which the proceeds of such transaction or series of transactions are reinvested in one or more Properties within one hundred eighty (180) days thereafter. Sponsor. Xxxxx & Xxxxx Company. Stockholders. The registered holders of the Shares.
Appears in 5 contracts
Samples: Advisory Agreement (Griffin-American Healthcare REIT III, Inc.), Form of Advisory Agreement (Griffin-American Healthcare REIT III, Inc.), Form of Advisory Agreement (Griffin-American Healthcare REIT III, Inc.)
Sale or Sales. (i) Any transaction or series of transactions whereby: (A) the Company or the Operating Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, transfers, conveys, or relinquishes its ownership of any Property or portion thereof, including the lease of any Property consisting of the a building only, and including any event with respect to any Property which gives rise to a significant amount of insurance proceeds or condemnation awards; (B) the Company or the Operating Partnership directly or indirectly (except as described in other subsections of this definition) sells, putsgrants, transfers, conveys, or relinquishes its ownership of all or substantially all of the interest of the Company or the Operating Partnership in any joint venture Joint Venture in which it is a co-venturer or partner; (C) any joint venture Joint Venture directly or indirectly (except as described in other subsections of this definition) in which the Company or the Operating Partnership as a co-venturer or partner sells, grants, transfers, conveys, or relinquishes its ownership of any Property or portion thereof, including any event with respect to any Property which gives rise to insurance claims or condemnation awards; (D) the Company or the Operating Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, conveys or relinquishes its interest in any Mortgage or other loan or mortgage or any portion thereof (including with respect to any mortgage Mortgage or other loan, all payments thereunder or in satisfaction thereof other than regularly scheduled interest payments) payments of amounts owed pursuant to such loan the Mortgage or mortgage other loan) and any event with respect to a Mortgage or other loan which gives rise to the payment of a significant amount of insurance proceeds or condemnation or similar awardawards; or (E) the Company or the Operating Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, transfers, conveys conveys, or relinquishes its ownership of any other Property Asset not previously described in this definition or any portion thereof, but (ii) not including any transaction or series of transactions specified in clause (i)(A), i) (i)(B), A) through (i)(C), (i)(D) or (i)(EE) above in which the proceeds of such transaction or series of transactions are reinvested in one or more Properties Assets within one hundred eighty (180) 180 days thereafter. Sponsor. Xxxxx & Xxxxx Company. Stockholders. The registered holders of the Shares.
Appears in 4 contracts
Samples: Advisory Management Agreement (Behringer Harvard Multifamily Reit I Inc), Advisory Management Agreement (Behringer Harvard Multifamily Reit I Inc), Advisory Management Agreement (Behringer Harvard Multifamily Reit I Inc)
Sale or Sales. (i) Any transaction or series of transactions whereby: (A) the Company directly or the Partnership indirectly (except as described in other subsections of this definition) sells, grants, transfers, conveys, or relinquishes its ownership of any Property or portion thereof, including the lease of any Property consisting of the a building only, and including any event with respect to any Property which gives rise to a significant amount of insurance proceeds or condemnation awards; (B) the Company directly or the Partnership indirectly (except as described in other subsections of this definition) sells, putsgrants, transfers, conveys, or relinquishes its ownership of all or substantially all of the interest of the Company or the Partnership in any joint venture Joint Venture in which it is a co-venturer or partner; (C) any joint venture Joint Venture directly or indirectly (except as described in other subsections of this definition) in which the Company or the Partnership as a co-venturer or partner sells, grants, transfers, conveys, or relinquishes its ownership of any Property or portion thereof, including any event with respect to any Property which gives rise to insurance claims or condemnation awards; (D) the Company or the Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, conveys or relinquishes its interest in any Mortgage or other loan or mortgage or any portion thereof (including with respect to any mortgage Mortgage or other loan, all payments thereunder or in satisfaction thereof other than regularly scheduled interest payments) payments of amounts owed pursuant to such loan the Mortgage or mortgage other loan) and any event with respect to a Mortgage or other loan which gives rise to the payment of a significant amount of insurance proceeds or condemnation or similar awardawards; or (E) the Company or the Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, transfers, conveys conveys, or relinquishes its ownership of any other Property Asset not previously described in this definition or any portion thereof, but (ii) not including any transaction or series of transactions specified in clause (i)(A), i) (i)(B), A) through (i)(C), (i)(D) or (i)(EE) above in which the proceeds of such transaction or series of transactions are reinvested in one or more Properties Assets within one hundred eighty (180) 180 days thereafter. Sponsor. Xxxxx & Xxxxx Company. Stockholders. The registered holders of the Shares.
Appears in 3 contracts
Samples: Advisory Agreement (Lightstone Value Plus REIT V, Inc.), Advisory Agreement (Lightstone Value Plus REIT V, Inc.), Version Advisory Management Agreement (Behringer Harvard Opportunity REIT I, Inc.)
Sale or Sales. (i) Any transaction or series of transactions whereby: (A) the Company or the Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, transfers, conveys, or relinquishes its ownership of any Property or portion thereof and including any event with respect to any Property which results in the Company receiving a significant amount of insurance proceeds or condemnation awards; (B) the Company or the Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, transfers, conveys, or relinquishes its ownership of all or substantially all of the interest of the Company or the Partnership in any Joint Venture in which it is a co-venturer or partner; (C) any Joint Venture directly or indirectly (except as described in other subsections of this definition) sells, grants, transfers, conveys, or relinquishes its ownership of any Property or portion thereof, including the lease of any Property consisting of the building only, and including any event with respect to any Property which gives rise to a significant amount of insurance proceeds or condemnation awards; (B) results in the Company or the Partnership (except as described in other subsections of this definition) sells, puts, transfers, conveys, or relinquishes its ownership of all or substantially all of the interest of the Company or the Partnership in any joint venture in which it is a co-venturer or partner; (C) any joint venture (except as described in other subsections of this definition) in which the Company or the Partnership as a co-venturer or partner sells, grants, transfers, conveys, or relinquishes its ownership of any Property or portion thereof, including any event with respect to any Property which gives rise to Joint Venture receiving insurance claims or condemnation awards; (D) the Company or the Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, conveys or relinquishes its interest in any loan Mortgage or mortgage or any portion thereof (including with respect to any mortgage or loanMortgage, all payments repayments thereunder or in satisfaction thereof other than regularly scheduled interest payments) of amounts owed pursuant to such loan or mortgage and any event with respect to a Mortgage which gives rise to the payment of a significant amount of insurance proceeds or condemnation or similar awardawards; or (E) the Company or the Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, transfers, conveys conveys, or relinquishes its ownership of any other Property Asset not previously described in this definition or any portion thereof, but (ii) not including any transaction or series of transactions specified in clause (i)(A), i) (i)(B), A) through (i)(C), (i)(D) or (i)(EE) above in which the proceeds of such transaction or series of transactions are reinvested in one or more Properties Assets within one hundred eighty (180) 180 days thereafter. Sponsor. Xxxxx & Xxxxx Company. Stockholders. The registered holders of the Shares.
Appears in 3 contracts
Samples: Advisory Management Agreement (Behringer Harvard Opportunity REIT I, Inc.), Advisory Management Agreement (Behringer Harvard Opportunity REIT I, Inc.), Advisory Management Agreement (Behringer Harvard Opportunity REIT I, Inc.)
Sale or Sales. (i) Any transaction or series of transactions whereby: (A) the Company or the Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, transfers, conveys, or relinquishes its ownership of any Property or portion thereof, including the lease of any Property consisting of the a building only, and including any event with respect to any Property which gives rise to a significant amount of insurance proceeds or condemnation awards; (B) the Company or the Partnership directly or indirectly (except as described in other subsections of this definition) sells, putsgrants, transfers, conveys, or relinquishes its ownership of all or substantially all of the interest of the Company or the Partnership in any joint venture Joint Venture in which it is a co-venturer or partner; (C) any joint venture Joint Venture directly or indirectly (except as described in other subsections of this definition) in which the Company or the Partnership as a co-venturer or partner sells, grants, transfers, conveys, or relinquishes its ownership of any Property or portion thereof, including any event with respect to any Property which gives rise to insurance claims or condemnation awards; (D) the Company or the Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, conveys or relinquishes its interest in any Mortgage or other loan or mortgage or any portion thereof (including with respect to any mortgage Mortgage or other loan, all payments thereunder or in satisfaction thereof other than regularly scheduled interest payments) payments of amounts owed pursuant to such loan the Mortgage or mortgage other loan) and any event with respect to a Mortgage or other loan which gives rise to the payment of a significant amount of insurance proceeds or condemnation or similar awardawards; or (E) the Company or the Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, transfers, conveys conveys, or relinquishes its ownership of any other Property Asset not previously described in this definition or any portion thereof, but (ii) not including any transaction or series of transactions specified in clause (i)(A), i) (i)(B), A) through (i)(C), (i)(D) or (i)(EE) above in which the proceeds of such transaction or series of transactions are reinvested in one or more Properties Assets within one hundred eighty (180) 180 days thereafter. Sponsor. Xxxxx & Xxxxx Company. Stockholders. The registered holders of the Shares.
Appears in 3 contracts
Samples: Advisory Management Agreement (Behringer Harvard Opportunity REIT II, Inc.), Form of Advisory Management Agreement (Behringer Harvard Opportunity REIT II, Inc.), Form of Advisory Management Agreement (Behringer Harvard Opportunity REIT II, Inc.)
Sale or Sales. The term “Sale” or “Sales” shall mean (i) Any any transaction or series of transactions whereby: (A) the Company Trust or the Controlled Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, transfers, conveys, or relinquishes its ownership of any Property or portion thereof, including the lease of any Property consisting of the a building only, and including any event with respect to any Property which gives rise to a significant amount of insurance proceeds or condemnation awards; (B) the Company Trust or the Controlled Partnership directly or indirectly (except as described in other subsections of this definition) sells, putsgrants, transfers, conveys, or relinquishes its ownership of all or substantially all of the interest of the Company Trust or the Controlled Partnership in any joint venture in which it is a co-venturer or partner; (C) any joint venture Joint Venture directly or indirectly (except as described in other subsections of this definition) in which the Company Trust or the Controlled Partnership as a co-venturer or partner sells, grants, transfers, conveys, or relinquishes its ownership of any Property or portion thereof, including any event with respect to any Property which gives rise to insurance claims or condemnation awards; (D) the Company Trust or the Controlled Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, conveys or relinquishes its interest in any loan Mortgage or mortgage or any portion thereof (including with respect to any mortgage or loanMortgage, all payments thereunder or in satisfaction thereof other than regularly scheduled interest payments) of amounts owed pursuant to such loan or mortgage Mortgage and any event which gives rise to the payment of a significant amount of insurance proceeds or condemnation or similar awardawards; or (E) the Company Trust or the Controlled Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, transfers, conveys conveys, or relinquishes its ownership of any other Property Asset not previously described in this definition or any portion thereof, but (ii) not including any transaction or series of transactions specified in clause (i)(A), i) (i)(B), A) through (i)(C), (i)(D) or (i)(EE) above in which the proceeds of such transaction or series of transactions are reinvested by the Trust or the Controlled Partnership in one or more Properties Assets within one hundred eighty (180) 180 days thereafter. Sponsor. Xxxxx & Xxxxx Company. Stockholders. The registered holders of the Shares.
Appears in 2 contracts
Samples: Investment Advisory Agreement (Fidelity Property Income Trust), Investment Advisory Agreement (Fidelity Property Income Trust)
Sale or Sales. (i) Any transaction or series of transactions whereby: (A) the Company or the Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, transfers, conveys, or relinquishes its ownership of any Property or portion thereof, including the lease of any Property consisting of the a building only, and including any event with respect to any Property which gives rise to a significant amount of insurance proceeds or condemnation awards; (B) the Company or the Partnership directly or indirectly (except as described in other subsections of this definition) sells, putsgrants, transfers, conveys, or relinquishes its ownership of all or substantially all of the interest of the Company or the Partnership in any joint venture Joint Venture in which it is a co-venturer or partner; (C) any joint venture Joint Venture directly or indirectly (except as described in other subsections of this definition) in which the Company or the Partnership as a co-venturer or partner sells, grants, transfers, conveys, or relinquishes its ownership of any Property or portion thereof, including any event with respect to any Property which gives rise to insurance claims or condemnation awards; (D) the Company or the Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, conveys or relinquishes its interest in any loan Mortgage or mortgage or any portion thereof (including with respect to any mortgage or loanMortgage, all payments repayments thereunder or in satisfaction thereof other than regularly scheduled interest payments) of amounts owed pursuant to such loan or mortgage and any event with respect to a Mortgage which gives rise to the payment of a significant amount of insurance proceeds or condemnation or similar awardawards; or (E) the Company or the Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, transfers, conveys conveys, or relinquishes its ownership of any other Property Asset not previously described in this definition or any portion thereof, but (ii) not including any transaction or series of transactions specified in clause (i)(A), i) (i)(B), A) through (i)(C), (i)(D) or (i)(EE) above in which the proceeds of such transaction or series of transactions are reinvested in one or more Properties Assets within one hundred eighty (180) 180 days thereafter. Sponsor. Xxxxx & Xxxxx Company. Stockholders. The registered holders of the Shares.
Appears in 1 contract
Samples: Registration Rights Agreement (Behringer Harvard Reit I Inc)
Sale or Sales. (i) Any transaction or series of transactions whereby: (A) the Company or the Partnership (except as described in other subsections of this definition) sells, grants, transfers, conveys, or relinquishes its ownership of any Property or portion thereof, including the lease of any Property consisting of the building only, and including any event with respect to any Property which gives rise to a significant amount of insurance proceeds or condemnation awards; (B) the Company or the Partnership (except as described in other subsections of this definition) sells, puts, transfers, conveys, or relinquishes its ownership of all or substantially all of the interest of the Company or the Partnership in any joint venture in which it is a co-venturer or partner; (C) any joint venture (except as described in other subsections of this definition) in which the Company or the Partnership as a co-venturer or partner sells, grants, transfers, conveys, or relinquishes its ownership of any Property or portion thereof, including any event with respect to any Property which gives rise to insurance claims or condemnation awards; (D) the Company or the Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, conveys or relinquishes its interest in any loan or mortgage or any portion thereof (including with respect to any mortgage or loan, all payments thereunder or in satisfaction thereof other than regularly scheduled interest payments) of amounts owed pursuant to such loan or mortgage and any event which gives rise to the payment of a significant amount of insurance proceeds or condemnation or similar award; or (E) the Company or the Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, transfers, conveys or relinquishes its ownership of any other Property not previously described in this definition or any portion thereof, but (ii) not including any transaction or series of transactions specified in clause (i)(A), (i)(B), (i)(C), (i)(D) or (i)(E) above in which the proceeds of such transaction or series of transactions are reinvested in one or more Properties within one hundred eighty (180) days thereafter. Sponsor. Xxxxx & Xxxxx Company. Stockholders. The registered holders of the Shares.
Appears in 1 contract
Samples: Advisory Agreement (Grubb & Ellis Healthcare REIT II, Inc.)
Sale or Sales. (i) Any transaction or series of transactions whereby: (A) the Company or the Operating Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, transfers, conveys, or relinquishes its ownership of any Real Property or portion thereof, including the lease of any Real Property consisting of the a building only, and including any event with respect to any Real Property which gives rise to a significant amount of insurance proceeds or condemnation awards; (B) the Company or the Operating Partnership directly or indirectly (except as described in other subsections of this definition) sells, putsgrants, transfers, conveys, or relinquishes its ownership of all or substantially all of the interest of the Company Corporation or the Operating Partnership in any joint venture Joint Venture in which it is a co-venturer or partner; (C) any joint venture Joint Venture directly or indirectly (except as described in other subsections of this definition) in which the Company or the Operating Partnership as a co-venturer or partner sells, grants, transfers, conveys, or relinquishes its ownership of any Real Property or portion thereof, including any event with respect to any Real Property which gives rise to insurance claims or condemnation awards; or (D) the Company or the Operating Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, conveys or relinquishes its interest in any loan Securities and Debt-related Investment or mortgage or any portion thereof (including with respect to any mortgage or loanLoan, all payments thereunder or in satisfaction thereof other than regularly scheduled interest payments) of amounts owed pursuant to such loan or mortgage and any event which gives rise to the payment of a significant amount of insurance proceeds or condemnation or similar awardawards; or (E) the Company or the Operating Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, transfers, conveys conveys, or relinquishes its ownership of any other Property asset not previously described in this definition or any portion thereof, but (ii) not including any transaction or series of transactions specified in clause clauses (i)(A), A) through (i)(B), (i)(C), (i)(D) or (i)(EE) above in which the proceeds of such transaction or series of transactions are reinvested by the Company in one or more Properties assets within one hundred eighty (180) 180 days thereafter. Sponsor. Xxxxx & Xxxxx Company. Stockholders. The registered holders of the Shares.
Appears in 1 contract
Samples: Form of Advisory Agreement (NorthEnd Income Property Trust Inc.)
