Common use of Subordinated Incentive Fee Clause in Contracts

Subordinated Incentive Fee. Upon Listing, the Advisor shall be entitled to the Subordinated Incentive Fee in an amount equal to 10.0% of the amount by which (i) the market value of the outstanding stock of the Company, measured by taking the average closing price or average of bid and asked price, as the case may be, over a period of 30 days during which the Shares are traded, with such period beginning 180 days after Listing (the “Market Value”), plus the total of all Distributions paid to Stockholders from the Company’s inception until the date that Market Value is determined, exceeds (ii) the sum of (A) 100% of Invested Capital and (B) the total Distributions required to be paid to the Stockholders in order to pay the Stockholders’ 8% Return from inception through the date Market Value is determined. The Company shall have the option to pay such fee in the form of cash, Shares, a promissory note or any combination of the foregoing. The Subordinated Incentive Fee will be reduced by the amount of any prior payment to the Advisor of a Subordinated Share of Net Sales Proceeds. In the event the Subordinated Incentive Fee is paid to the Advisor following Listing, no other performance fee will be paid to the Advisor.

Appears in 11 contracts

Samples: Advisory Agreement (Wells Real Estate Investment Trust Ii Inc), Advisory Agreement (Wells Real Estate Investment Trust Ii Inc), Advisory Agreement (Wells Real Estate Investment Trust Ii Inc)

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Subordinated Incentive Fee. Upon ListingListing (other than on the Pink Sheets or the OTC Bulletin Board), the Advisor shall be entitled to paid the Subordinated Incentive Fee in an amount equal to 10.010% of the amount by which (i) the market value of the outstanding stock of the Company, measured by taking the average closing price or average of bid and asked price, as the case may be, over a period of 30 days during which the Shares are traded, with such period beginning 180 days after Listing (the "Market Value"), plus the total of all Distributions paid to Stockholders from the Company’s 's inception until the date that Market Value is determinedof Listing, exceeds (ii) the sum of (A) 100% of Invested Capital and (B) the total Distributions required to be paid to the Stockholders in order to pay the Stockholders' 8% Return from inception through the date the Market Value is determined. The Company shall have the option to pay such fee in the form of cash, SharesSecurities, a promissory note or any combination of the foregoing. The Subordinated Incentive Fee will be reduced by the amount of any prior payment to the Advisor of a deferred, Subordinated Share of Net Sales Proceeds. In Proceeds from Sales of assets of the event the Subordinated Incentive Fee is paid to the Advisor following Listing, no other performance fee will be paid to the AdvisorCompany.

Appears in 6 contracts

Samples: Advisory Agreement (CNL Hospitality Properties Inc), Advisory Agreement (CNL Retirement Properties Inc), Advisory Agreement (CNL Retirement Properties Inc)

Subordinated Incentive Fee. Upon ListingListing (other than on the Pink Sheets or the OTC Bulletin Board), the Advisor shall be entitled to paid the Subordinated Incentive Fee in an amount equal to 10.010% of the amount by which (i) the market value of the outstanding stock of the Company, measured by taking the average closing price or average of bid and asked price, as the case may be, over a period of 30 days during which the Shares are traded, with such period beginning 180 days after Listing (the "Market Value"), plus the total of all Distributions paid to Stockholders from the Company’s 's inception until the date that Market Value is determinedof Listing, exceeds (ii) the sum of (A) 100% of Invested Capital and (B) the total Distributions required to be paid to the Stockholders in order to pay the Stockholders' 8% Return from inception through the date the Market Value is determined. The Company shall have the option to pay such fee in the form of cash, SharesSecurities, a promissory note or any combination of the foregoing. The Subordinated Incentive Fee will be reduced by the amount of any prior payment to the Advisor of a Subordinated Share deferred, subordinated share of Net Sales Proceeds. In Proceeds from Sales of assets of the event the Subordinated Incentive Fee is paid to the Advisor following Listing, no other performance fee will be paid to the AdvisorCompany.

Appears in 4 contracts

Samples: Advisory Agreement (CNL Retirement Properties Inc), Advisory Agreement (CNL Hospitality Properties Inc), Advisory Agreement (CNL Retirement Properties Inc)

Subordinated Incentive Fee. Upon Listing, the Advisor shall be entitled to the Subordinated Incentive Fee in an amount equal to 10.015.0% of the amount by which (i) the market value of the outstanding stock Shares of the Company, measured by taking the average closing price or average of bid and asked price, as the case may be, over a period of 30 days during which the Shares are traded, with such period beginning 180 days after Listing (the "Market Value"), plus the total of all Distributions paid to Stockholders Shareholders from the Company’s 's inception until the date that Market Value is determined, exceeds (ii) the sum of (A) 100% of Invested Capital and (B) the total Distributions required to be paid to the Stockholders Shareholders in order to pay the Stockholders’ 8Shareholders' 7% Return from inception through the date Market Value is determined. The Company shall have the option to pay such fee in the form of cash, Shares, a promissory note or any combination of the foregoing. The Subordinated Incentive Fee will be reduced by the amount of any prior payment to the Advisor of a Subordinated Share of Net Sales Proceeds. In the event the Subordinated Incentive Fee is paid to the Advisor following Listing, no other performance fee will be paid to the Advisor.

Appears in 3 contracts

Samples: Advisory Agreement (Hartman Commercial Properties Reit), Advisory Agreement (Hartman Commercial Properties Reit), Advisory Agreement (Hartman Commercial Properties Reit)

Subordinated Incentive Fee. Upon Listing, the Advisor shall be entitled to the Subordinated Incentive Fee in an amount equal to 10.0% of the amount by which (i) the market value of the outstanding stock of the Company, measured by taking the average closing price or average of bid and asked price, as the case may be, over a period of 30 days during which the Shares are stock is traded, with such period beginning 180 days after Listing (the "Market Value"), plus the total of all Distributions Dividends paid to Stockholders from the Company’s 's inception until the date that Market Value is determinedof Listing, exceeds (ii) the sum of (A) 100% of Invested Capital and (B) the total Distributions Dividends required to be paid to the Stockholders in order to pay the Stockholders’ 8' 8.0% Return from inception through the date Market Value is determinedof Listing. The Company shall have the option to pay such fee in the form of cash, Shares, a promissory note or any combination of the foregoing. The Subordinated Incentive Fee will be reduced by the amount of any prior payment to the Advisor of a deferred, Subordinated Share of Net Sales ProceedsProceeds from a Sale or Sales of a Property. In the event the Subordinated Incentive Fee is paid to the Advisor following Listing, no other performance fee will be paid to the Advisor.

Appears in 2 contracts

Samples: Advisory Agreement (Wells Real Estate Investment Trust Inc), Advisory Agreement (Wells Real Estate Investment Trust Inc)

Subordinated Incentive Fee. Upon Listing, the Advisor shall be entitled to the Subordinated Incentive Fee in an amount equal to 10.015.0% of the amount by which (i) the market value of the outstanding stock Shares of the Company, measured by taking the average closing price or the average of the bid and asked price, as the case may be, over a period of 30 days during which the Shares are traded, with such period beginning 180 days after Listing (the “Market Value”), plus the total of all Distributions paid to Stockholders from the Company’s inception until the date that Market Value is determined, exceeds (ii) the sum of (A) 100% of Invested Capital and (B) the total Distributions required to be paid to the Stockholders in order to pay the Stockholders’ 8% Return from inception through the date Market Value is determined. The Company shall have the option to pay such fee in the form of cash, Shares, a promissory note or any combination of the foregoing. The Subordinated Incentive Fee will be reduced by the amount of any prior payment to the Advisor of a Subordinated Share of Net Sales Proceeds. In the event the Subordinated Incentive Fee is paid to the Advisor following Listing, no other performance fee will be paid to the Advisor.

Appears in 1 contract

Samples: Advisory Agreement (KBS Real Estate Investment Trust, Inc.)

Subordinated Incentive Fee. Upon Listing, the Advisor shall be entitled to the Subordinated Incentive Fee in an amount equal to 10.015.0% of the amount by which (i) the market value of the outstanding stock Shares of the Company, measured by taking the average closing price or average of bid and asked price, as the case may be, over a period of 30 days during which the Shares are traded, with such period beginning 180 days after Listing (the “Market Value”), plus the total of all Distributions paid to Stockholders Shareholders from the Company’s inception until the date that Market Value is determined, exceeds (ii) the sum of (A) 100% of Invested Capital and (B) the total Distributions required to be paid to the Stockholders Shareholders in order to pay the StockholdersShareholders87% Return from inception through the date Market Value is determined. The Company shall have the option to pay such fee in the form of cash, Shares, a promissory note or any combination of the foregoing. The Subordinated Incentive Fee will be reduced by the amount of any prior payment to the Advisor of a Subordinated Share of Net Sales Proceeds. In the event the Subordinated Incentive Fee is paid to the Advisor following Listing, no other performance fee will be paid to the Advisor.

Appears in 1 contract

Samples: Advisory Agreement (Hartman Commercial Properties Reit)

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Subordinated Incentive Fee. Upon Listing, the Advisor shall be entitled to the Subordinated Incentive Fee in an amount equal to 10.0% of the amount by which (i) the market value of the outstanding stock of the Company, measured by taking the average closing price or average of bid and asked price, as the case may be, over a period of 30 days during which the Shares are stock is traded, with such period beginning 180 days after Listing (the “Market Value”), plus the total of all Distributions Dividends paid to Stockholders from the Company’s inception until the date that Market Value is determinedof Listing, exceeds (ii) the sum of (A) 100% of Invested Capital and (B) the total Distributions Dividends required to be paid to the Stockholders in order to pay the Stockholders’ 88.0% Return from inception through the date Market Value is determinedof Listing. The Company shall have the option to pay such fee in the form of cash, Shares, a promissory note or any combination of the foregoing. The Subordinated Incentive Fee will be reduced by the amount of any prior payment to the Advisor of a deferred, Subordinated Share of Net Sales ProceedsProceeds from a Sale or Sales of Property. In the event the Subordinated Incentive Fee is paid to the Advisor following Listing, no other performance fee will be paid to the Advisor.

Appears in 1 contract

Samples: Advisory Agreement (Wells Real Estate Investment Trust Inc)

Subordinated Incentive Fee. Upon Listing, the Advisor shall be entitled to the Subordinated Incentive Fee in an amount equal to 10.0% of the amount by which (i) the market value of the outstanding stock of the Company, measured by taking the average closing price or average of bid and asked price, as the case may be, over a period of 30 days during which the Shares are traded, with such period beginning 180 days after Listing (the “Market Value”), plus the total of all Distributions paid to Stockholders from the Company’s inception until the date that Market Value is determinedof Listing, exceeds (ii) the sum of (A) 100% of Invested Capital and (B) the total Distributions required to be paid to the Stockholders in order to pay the Stockholders’ 8% Return from inception through the date Market Value is determinedof Listing. The Company shall have the option to pay such fee in the form of cash, Shares, a promissory note or any combination of the foregoing. The Subordinated Incentive Fee will be reduced by the amount of any prior payment to the Advisor of a Subordinated Share of Net Sales Proceeds. In the event the Subordinated Incentive Fee is paid to the Advisor following Listing, no other performance fee will be paid to the Advisor.

Appears in 1 contract

Samples: Advisory Agreement (Wells Real Estate Investment Trust Iii Inc)

Subordinated Incentive Fee. Upon ListingListing (other than on the Pink Sheets or the OTC Bulletin Board), the Advisor shall be entitled to paid the Subordinated Incentive Fee in an amount equal to 10.010% of the amount by which (i) the market value of the outstanding stock of the Company, measured by taking the average closing price or average of bid and asked price, as the case may be, over a period of 30 days during which the Shares are traded, with such period beginning 180 days after Listing (the “Market Value”), plus the total of all Distributions paid to Stockholders from the Company’s inception until the date that Market Value is determinedof Listing, exceeds (ii) the sum of (A) 100% of Invested Capital and (B) the total Distributions required to be paid to the Stockholders in order to pay the Stockholders’ 8% Return from inception through the date the Market Value is determined. The Company shall have the option to pay such fee in the form of cash, SharesSecurities, a promissory note or any combination of the foregoing. The Subordinated Incentive Fee will be reduced by the amount of any prior payment to the Advisor of a deferred, Subordinated Share of Net Sales Proceeds. In Proceeds from Sales of assets of the event the Subordinated Incentive Fee is paid to the Advisor following Listing, no other performance fee will be paid to the AdvisorCompany.

Appears in 1 contract

Samples: Advisory Agreement (CNL Hotels & Resorts, Inc.)

Subordinated Incentive Fee. Upon Listing, the Advisor shall be entitled to the Subordinated Incentive Fee in an amount equal to 10.010% of the amount by which (i) the market value of the outstanding stock of the Company, measured by taking the average closing price or average of bid and asked price, as the case may be, over a period of 30 days during which the Shares are stock is traded, with such period beginning 180 days after Listing (the "Market Value"), plus the total of all Distributions Dividends paid to Stockholders from the Company’s 's inception until the date that Market Value is determinedof Listing, exceeds (ii) the sum of (A) 100% of Invested Capital and (B) the total Distributions Dividends required to be paid to the Stockholders in order to pay the Stockholders' 8% Return from inception through the date Market Value is determinedof Listing. The Company shall have the option to pay such fee in the form of cash, Shares, a promissory note or any combination of the foregoing. The Subordinated Incentive Fee will be reduced by the amount of any prior payment to the Advisor of a deferred, Subordinated Share of Net Sales ProceedsProceeds from a Sale or Sales of a Property. In the event the Subordinated Incentive Fee is paid to the Advisor following Listing, no other performance fee will be paid to the Advisor.

Appears in 1 contract

Samples: Advisory Agreement (Wells Real Estate Investment Trust Inc)

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