Subordinated Share of Cash Flows. The Subordinated Share of Cash Flows shall be payable to the Advisor in an amount equal to 15% of Operating Cash Flow and Cash from Sales, Settlements and Financings remaining after the Stockholders have received Distributions of Operating Cash Flow and of Cash from Sales, Settlements and Financings such that the owners of all outstanding Shares have received Distributions in an aggregate amount equal to the sum of: a. the Stockholders’ 8% Return and b. Invested Capital. When determining whether the above threshold has been met: (A) Any stock dividend shall not be included as a Distribution; and (B) Distributions paid on Shares redeemed by the Company (and thus no longer included in the determination of Invested Capital), shall not be included as a Distribution. Following Listing, no Subordinated Share of Cash Flows will be paid to the Advisor.
Appears in 9 contracts
Samples: Advisory Agreement (KBS Real Estate Investment Trust, Inc.), Advisory Agreement (KBS Real Estate Investment Trust, Inc.), Advisory Agreement (KBS Real Estate Investment Trust, Inc.)
Subordinated Share of Cash Flows. The Subordinated Share of Cash Flows shall be payable to the Advisor in an amount equal to 15% of Operating Cash Flow and Cash from Sales, Settlements Sales and Financings remaining after the Stockholders have received Distributions of Operating Cash Flow and of Cash from Sales, Settlements Sales and Financings such that the owners of all outstanding Shares have received Distributions in an aggregate amount equal to the sum of:
a. the Stockholders’ 8% Return and
b. Invested Capital. When determining whether the above threshold has been met:
(A) Any stock dividend shall not be included as a Distribution; and;
(B) Distributions paid on Shares redeemed by the Company (and thus no longer included in the determination of Invested Capital), shall not be included as a Distribution. Following Listing, no Subordinated Share of Cash Flows will be paid to the Advisor.
Appears in 4 contracts
Samples: Advisory Agreement (KBS Real Estate Investment Trust, Inc.), Advisory Agreement (KBS Real Estate Investment Trust II, Inc.), Advisory Agreement (KBS Real Estate Investment Trust, Inc.)
Subordinated Share of Cash Flows. The Subordinated Share of Cash Flows shall be payable to the Advisor in an amount equal to 15% of Operating Cash Flow and Cash from Sales, Settlements Sales and Financings remaining after the Stockholders have received Distributions of Operating Cash Flow and of Cash from Sales, Settlements Sales and Financings such that the owners of all outstanding Shares have received Distributions in an aggregate amount equal to the sum of:
a. the Stockholders’ 8% Return and
b. Invested Capital. When determining whether the above threshold has been met:
(A) Any stock dividend shall not be included as a Distribution; and
(B) Distributions paid on Shares redeemed by the Company (and thus no longer included in the determination of Invested Capital), shall not be included as a Distribution. Following Listing, no Subordinated Share of Cash Flows will be paid to the Advisor.
Appears in 3 contracts
Samples: Advisory Agreement (KBS Real Estate Investment Trust II, Inc.), Advisory Agreement (KBS Real Estate Investment Trust II, Inc.), Advisory Agreement (KBS Real Estate Investment Trust II, Inc.)
Subordinated Share of Cash Flows. The Subordinated Share of Cash Flows shall be payable to the Advisor in an amount equal to 15% of Operating Cash Flow and Cash from Sales, Settlements and Financings remaining after the Stockholders have received Distributions of EAST\126876847.2 Operating Cash Flow and of Cash from Sales, Settlements and Financings such that the owners of all outstanding Shares have received Distributions in an aggregate amount equal to the sum of:
a. the Stockholders’ 8% Return and
b. Invested Capital. When determining whether the above threshold has been met:
(A) Any stock dividend shall not be included as a Distribution; and
(B) Distributions paid on Shares redeemed by the Company (and thus no longer included in the determination of Invested Capital), shall not be included as a Distribution. Following Listing, no Subordinated Share of Cash Flows will be paid to the Advisor.
Appears in 1 contract
Samples: Advisory Agreement (KBS Real Estate Investment Trust, Inc.)
Subordinated Share of Cash Flows. The Subordinated Share of Cash Flows shall be payable to the Advisor in an amount equal to 15% of Operating Cash Flow and Cash from Sales, Settlements and Financings remaining after the Stockholders have received Distributions of Operating Cash Flow and of Cash from Sales, Settlements and Financings such that the owners of all outstanding Shares have received Distributions in an aggregate amount equal to the sum of:: EAST\126876847.2
a. the Stockholders’ 8% Return and
b. Invested Capital. When determining whether the above threshold has been met:
(A) Any stock dividend shall not be included as a Distribution; and
(B) Distributions paid on Shares redeemed by the Company (and thus no longer included in the determination of Invested Capital), shall not be included as a Distribution. Following Listing, no Subordinated Share of Cash Flows will be paid to the Advisor.
Appears in 1 contract
Samples: Advisory Agreement (KBS Real Estate Investment Trust, Inc.)