Common use of TERMINATION BY THE PARTIES Clause in Contracts

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor, (ii) upon 60 days written notice without Cause and without penalty by a majority of the Independent Directors of the Company or (iii) upon 60 days written notice with Good Reason by the Advisor.

Appears in 23 contracts

Samples: Advisory Agreement (Ares Real Estate Income Trust Inc.), Advisory Agreement (Ares Real Estate Income Trust Inc.), Advisory Agreement (Ares Real Estate Income Trust Inc.)

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TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (i60) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor, (ii) upon 60 days days’ written notice without Cause and without penalty (a) by a majority of the Independent Directors of the Company or the Advisor, without Cause and without penalty, (iiib) upon 60 days written notice with Good Reason by the AdvisorAdvisor for Good Reason, or (c) by the Advisor upon a Change of Control. The provisions of Sections 19 through 31 of this Agreement shall survive termination of this Agreement.

Appears in 23 contracts

Samples: Advisory Agreement (American Realty Capital Daily Net Asset Value Trust, Inc.), Advisory Agreement (American Realty Capital Daily Net Asset Value Trust, Inc.), Advisory Agreement (American Realty Capital Global Trust, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (i60) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor, (ii) upon 60 days days’ prior written notice without Cause and without penalty (a) by a majority of the Independent Directors of the Company or the Advisor, without Cause and without penalty, (iiib) upon 60 days written notice with Good Reason by the AdvisorAdvisor for Good Reason, or (c) by the Advisor upon a Change of Control; provided, that termination of this Agreement with Cause shall be upon forty-five (45) days’ prior written notice. The provisions of Sections 15 and 19 through 31 (inclusive) of this Agreement shall survive any expiration or earlier termination of this Agreement.

Appears in 14 contracts

Samples: Advisory Agreement (American Realty Capital New York City REIT, Inc.), Advisory Agreement (American Realty Capital New York City REIT, Inc.), Third Amended And (American Realty Capital Healthcare Trust Inc)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Adviser immediately upon a Change of Control of the Company or Operating Partnership; (ii) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor, (ii) upon 60 days written notice without Cause and without penalty by a majority of the Independent Directors of the Company Adviser; or (iii) upon 60 days days’ written notice with Good Reason without Cause or penalty by a majority vote of the Independent Directors; or (iv) upon 60 days’ written notice by the AdvisorAdviser. The provisions of Sections 18 through 22 survive termination of this Agreement.

Appears in 13 contracts

Samples: Advisory Agreement (Invesco Real Estate Income Trust Inc.), Advisory Agreement (Blackstone Real Estate Income Trust, Inc.), Advisory Agreement (Invesco Real Estate Income Trust Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of either party immediately upon a Change of Control; (ii) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor, (ii) upon 60 days written notice without Cause and without penalty by a majority of the Independent Directors of the Company ; or (iii) upon 60 days days’ written notice with Good Reason without Cause or penalty by a majority vote of the Independent Directors; or (iii) upon 60 days’ written notice by the Advisor. The provisions of Sections 19 through 23 survive termination of this Agreement.

Appears in 10 contracts

Samples: Advisory Agreement (RREEF Property Trust, Inc.), Advisory Agreement (RREEF Property Trust, Inc.), Advisory Agreement (RREEF Property Trust, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated (ia) immediately by the Company and/or the Operating Partnership for with Cause upon forty-five (45) days’ prior written notice or upon the bankruptcy of the Advisor, (iib) upon 60 days sixty (60) days’ prior written notice without Cause and without penalty (i) by a majority of the Independent Directors of the Company or the Advisor, without Cause and without penalty, (ii) by the Advisor for Good Reason, or (iii) upon 60 days written notice with Good Reason by the AdvisorAdvisor upon a Change of Control. The provisions of Sections 18 and 22 through 25 (inclusive) of this Agreement shall survive any expiration or earlier termination of this Agreement.

Appears in 7 contracts

Samples: Advisory Agreement (American Realty Capital - Retail Centers of America II, Inc.), Advisory Agreement (American Realty Capital Global Trust II, Inc.), Advisory Agreement (American Realty Capital - Retail Centers of America II, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (i60) immediately days’ prior written Notice (a) by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor, (ii) upon 60 days written notice without Cause and without penalty by a majority of the Independent Directors of the Company or the Advisor, without Cause and without penalty, (iiib) upon 60 days written notice with Good Reason by the AdvisorAdvisor for Good Reason, or (c) by the Advisor upon a Change of Control; provided, that termination of this Agreement with Cause shall be upon forty-five (45) days’ prior written Notice. The provisions of Sections 15 and 19 through 31 (inclusive) of this Agreement shall survive any expiration or earlier termination of this Agreement.

Appears in 7 contracts

Samples: Advisory Agreement (Lightstone Value Plus Real Estate Investment Trust III, Inc.), Advisory Agreement (Roosevelt Mutual High Income Fund Inc.), Advisory Agreement (Lightstone Real Estate Income Trust Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Advisor immediately upon a Change of Control of the Company; (ii) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor, (ii) upon 60 days written notice without Cause and without penalty by a majority of the Independent Directors of the Company ; or (iii) upon 60 days days’ written notice with Good Reason by the Advisor. The provisions of Sections 14 through 19 survive termination of this Agreement.

Appears in 5 contracts

Samples: Advisory Agreement (Birgo Reiturn Fund Manager LLC), Advisory Agreement (Birgo Reiturn Fund Manager LLC), Advisory Agreement (Birgo Reiturn Fund Manager LLC)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (i60) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor, (ii) upon 60 days days’ prior written notice without Cause and without penalty (a) by a majority of the Independent Directors of the Company or the Advisor, without Cause and without penalty, (iiib) upon 60 days written notice with Good Reason by the AdvisorAdvisor for Good Reason, or (c) by the Advisor upon a Change of Control. The provisions of Sections 15 and 19 through 31 (inclusive) of this Agreement shall survive any expiration or earlier termination of this Agreement.

Appears in 5 contracts

Samples: Advisory Agreement (American Realty Capital Healthcare Trust Inc), Advisory Agreement (American Realty Capital Healthcare Trust Inc), Advisory Agreement (American Realty Capital Healthcare Trust Inc)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor, (ii) upon 60 days written notice with or without Cause and without penalty penalty, by a majority of the Independent Directors of the Company or (iii) upon 60 days written notice with Good Reason by the Advisor.

Appears in 4 contracts

Samples: Advisory Agreement (Dividend Capital Total Realty Trust Inc.), Advisory Agreement (Dividend Capital Total Realty Trust Inc.), Advisory Agreement (Dividend Capital Total Realty Trust Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (i60) immediately days’ written notice (a) by the Company and/or the Operating Partnership for Cause Independent Directors or upon the bankruptcy of the Advisor, (ii) upon 60 days written notice without Cause and without penalty penalty, (b) by a majority of the Independent Directors of the Company Advisor for Good Reason, or (iiic) upon 60 days written notice with Good Reason by the AdvisorAdvisor upon a Change of Control. The provisions of Sections 15 and 19 through 32 (inclusive) of this Agreement shall survive any expiration or earlier termination of this Agreement.

Appears in 4 contracts

Samples: Advisory Agreement (Realty Finance Trust, Inc.), Advisory Agreement (ARC Realty Finance Trust, Inc.), Advisory Agreement (ARC Realty Finance Trust, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (60) days written notice (i) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor, (ii) upon 60 days written notice without Cause and without penalty by a majority of the Independent Directors of the Company or the Advisor, without Cause and without penalty, (ii) by the Advisor for Good Reason or (iii) upon 60 days written notice with Good Reason by the AdvisorAdvisor upon a Change of Control. The provisions of Sections 19 through 32 of this Agreement shall survive termination of this Agreement.

Appears in 4 contracts

Samples: Advisory Agreement (Independence Realty Trust, Inc), Advisory Agreement (Empire American Realty Trust Inc), Advisory Agreement (Empire American Realty Trust Inc)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (i60) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor, (ii) upon 60 days days’ prior written notice without Cause and without penalty (a) by a majority of the Independent Directors of the Company or the Advisor, without Cause and without penalty, (iiib) upon 60 days written notice with Good Reason by the AdvisorAdvisor for Good Reason, or (c) by the Advisor upon a Change of Control; provided, that termination of this Agreement with Cause shall be upon I just-five (45) days’ prior written notice. The provisions of Sections 15 and 19 through 31 (inclusive) of this Agreement shall survive any expiration or earlier termination of this Agreement.

Appears in 4 contracts

Samples: Advisory Agreement (American Realty Capital Hospitality Trust, Inc.), Form of Advisory Agreement (American Realty Capital Hospitality Trust, Inc.), Form of Advisory Agreement (American Realty Capital Hospitality Trust, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated on sixty (i60) immediately days’ written Notice, without cause and without penalty, by the Company and/or the Operating Partnership for Cause Advisor or upon the bankruptcy of the Advisor, (ii) upon 60 days written notice without Cause and without penalty by a majority of the Independent Directors Directors. The provisions of the Company or (iii) upon 60 days written notice with Good Reason by the AdvisorSections 19 through 31 of this Agreement shall survive termination of this Agreement.

Appears in 4 contracts

Samples: Advisory Agreement (United Realty Trust Inc), Advisory Agreement (United Realty Trust Inc), Advisory Agreement (United Realty Trust Inc)

TERMINATION BY THE PARTIES. This Agreement may be terminated (ia) immediately by the Company and/or the Operating Partnership for with Cause upon forty-five (45) days’ prior written notice or upon the bankruptcy of the Advisor, (iib) upon 60 days sixty (60) days’ prior written notice without Cause and without penalty (i) by a majority of the Independent Directors of the Company or the Advisor, without Cause and without penalty, (ii) by the Advisor for Good Reason, or (iii) upon 60 days written notice with Good Reason by the AdvisorAdvisor upon a Change of Control. The provisions of Sections 18, 20 and 22 through 25 (inclusive) of this Agreement shall survive any expiration or earlier termination of this Agreement.

Appears in 4 contracts

Samples: Advisory Agreement (American Realty Capital New York City REIT II, Inc.), Advisory Agreement (American Realty Capital New York City REIT II, Inc.), Advisory Agreement (American Realty Capital New York City REIT II, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor, Adviser; or (ii) upon 60 days days’ written notice without Cause and without or penalty by a majority vote of the Independent Directors of the Company Directors; or (iii) upon 60 days days’ written notice with Good Reason by the AdvisorAdviser. The provisions of Sections 18 through 22 survive termination of this Agreement.

Appears in 4 contracts

Samples: Advisory Agreement (Apollo Realty Income Solutions, Inc.), Advisory Agreement (Apollo Realty Income Solutions, Inc.), Advisory Agreement (Apollo Realty Income Solutions, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (i60) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor, (ii) upon 60 days days’ prior written notice without Cause and without penalty (a) by a majority of the Independent Directors of the Company or the Advisor, without Cause and without penalty, (iiib) upon 60 days written notice with Good Reason by the AdvisorAdvisor for Good Reason, or (c) by the Advisor upon a Change of Control; provided, that termination of this Agreement with Cause shall be upon forty-five (45) days’ prior written notice. The provisions of Sections 17, 18 and 22 through 35 (inclusive) of this Agreement shall survive any expiration or earlier termination of this Agreement.

Appears in 4 contracts

Samples: Advisory Agreement (Phillips Edison Grocery Center Reit Ii, Inc.), Advisory Agreement (Phillips Edison Grocery Center Reit Ii, Inc.), Advisory Agreement (Phillips Edison - ARC Grocery Center REIT II, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor, (ii) upon 60 days written notice without Cause and without penalty by a majority of the Independent Directors of the Company or (iii) upon 60 days written notice with Good Reason by the Advisor. The provisions of Sections 18 through 30 of this Agreement survive termination of this Agreement.

Appears in 3 contracts

Samples: Advisory Agreement (Bluerock Enhanced Multifamily Trust, Inc.), Advisory Agreement (Bluerock Enhanced Multifamily REIT, Inc.), Advisory Agreement (Bluerock Enhanced Multifamily REIT, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by at the Company and/or the Operating Partnership for Cause or upon the bankruptcy expiration of the Advisor, (ii) upon 60 days written notice without Cause and without penalty Initial Term or any Automatic Renewal Term by a majority of the Independent Disinterested Directors or by Service Provider, with or without cause and without penalty, upon written Notice sixty (60) days’ prior to the end of such term. Notwithstanding the Company or (iii) upon 60 days written notice with Good Reason by the Advisor.foregoing, this Agreement:

Appears in 3 contracts

Samples: External Management Agreement (DDR Corp), External Management Agreement (Retail Value Inc.), External Management Agreement (Retail Value Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon 60 days’ written notice (ia) immediately by the Company and/or the Operating Partnership for Cause Independent Directors or upon the bankruptcy of the Advisor, (ii) upon 60 days written notice without Cause and without penalty penalty, (b) by a majority of the Independent Directors of the Company Advisor for Good Reason, or (iiic) upon 60 days written notice with Good Reason by the AdvisorAdvisor upon a Change of Control; provided, that termination of this Agreement with Cause shall be upon 45 days’ written notice. The provisions of Sections 19 through 31 of this Agreement shall survive termination of this Agreement.

Appears in 3 contracts

Samples: Advisory Agreement (New York REIT, Inc.), Advisory Agreement (American Realty Capital New York Recovery Reit Inc), Fourth Amended And (American Realty Capital New York Recovery Reit Inc)

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TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or the Operating Partnership for Cause in accordance with Section 18(b) or upon the bankruptcy of the Advisor, (ii) upon 60 days sixty (60) days’ prior written notice without Cause and without penalty (a) by a majority of the Independent Directors of the Company or (iii) upon 60 days written notice with Good Reason by the AdvisorAdvisor with Cause without penalty, (b) by the Advisor for Good Reason, or (c) by the Advisor upon a Change of Control; provided, that termination of this Agreement with Cause shall be upon forty-five (45) days’ prior written notice. The provisions of Sections 14 and 18 through 30 (inclusive) of this Agreement shall survive any expiration or earlier termination of this Agreement.

Appears in 3 contracts

Samples: Advisory Agreement, Advisory Agreement (American Realty Capital - Retail Centers of America, Inc.), Advisory Agreement (American Finance Trust, Inc)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor, (ii) upon 60 days written notice without Cause and without penalty by a majority of the Independent Directors of the Company or (iii) upon 60 days written notice with Good Reason by the Advisor. The provisions of Sections 18 through 31 of this Agreement survive termination of this Agreement.

Appears in 3 contracts

Samples: Advisory Agreement (Bluerock Enhanced Multifamily Trust, Inc.), Advisory Agreement (Bluerock Enhanced Multifamily Trust, Inc.), Advisory Agreement (Bluerock Enhanced Multifamily Trust, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor, (ii) upon 60 days written notice without Cause and without penalty by a majority of the Independent Directors of the Company or (iii) upon 60 days written notice with Good Reason by the Advisor. The provisions of Sections 18 through 31 of this Agreement shall survive termination of this Agreement.

Appears in 2 contracts

Samples: Advisory Agreement (Bluerock Enhanced Multifamily Trust, Inc.), Advisory Agreement (Bluerock Enhanced Multifamily Trust, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (i60) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor, (ii) upon 60 days days’ prior written notice without Cause and without penalty (a) by a majority of the Independent Directors of the Company or (iii) upon 60 days written notice with Good Reason by the AdvisorAdvisor with Cause without penalty, (b) by the Advisor for Good Reason, or (c) by the Advisor upon a Change of Control; provided, that termination of this Agreement with Cause shall be upon forty-five (45) days’ prior written notice. The provisions of Sections 14 and 18 through 30 (inclusive) of this Agreement shall survive any expiration or earlier termination of this Agreement.

Appears in 2 contracts

Samples: Advisory Agreement (American Finance Trust, Inc), Advisory Agreement (American Realty Capital Trust V, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (i60) immediately days’ written notice (a) by the Company and/or the Operating Partnership for Cause Independent Directors or upon the bankruptcy of the Advisor, (ii) upon 60 days written notice without Cause and without penalty penalty, (b) by a majority of the Independent Directors of the Company Advisor for Good Reason, or (iiic) upon 60 days written notice with Good Reason by the AdvisorAdvisor upon a Change of Control. The provisions of Section 18 through 31 (inclusive) of this Agreement shall survive any expiration or earlier termination of this Agreement.

Appears in 1 contract

Samples: Advisory Agreement (Realty Finance Trust, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (60) days written notice (i) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor, (ii) upon 60 days written notice without Cause and without penalty by a majority of the Independent Directors of the Company or the Advisor, without Cause and without penalty, (ii) by the Advisor for Good Reason or (iii) upon 60 days written notice with Good Reason by the AdvisorAdvisor upon a Change of Control. The provisions of Sections 18 through 31 of this Agreement shall survive termination of this Agreement.

Appears in 1 contract

Samples: Advisory Agreement (Independence Realty Trust, Inc)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (i60) immediately days’ prior written Notice (a) by the Company and/or the Operating Partnership for Cause or upon the bankruptcy Board of the Advisor, (ii) upon 60 days written notice without Cause and without penalty by a majority of the Independent Directors of the Company or the Advisor, without Cause and without penalty, (iiib) upon 60 days written notice with Good Reason by the AdvisorAdvisor for Good Reason, or (c) by the Advisor upon a Change of Control; provided, that termination of this Agreement with Cause shall be upon forty-five (45) days’ prior written Notice. The provisions of Sections 15 and 19 through 31 (inclusive) of this Agreement shall survive any expiration or earlier termination of this Agreement.

Appears in 1 contract

Samples: Advisory Agreement (Hamilton National Income Trust, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor, (ii) upon 60 days days’ prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company or (iii) upon 60 days written notice with Good Reason by the Advisor, without cause and without penalty. The provisions of Sections 19 through 31 of this Agreement shall survive termination of this Agreement.

Appears in 1 contract

Samples: Advisory Agreement (American Realty Capital New York Recovery Reit Inc)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor, (ii) upon 60 days days’ written notice without Cause and without penalty by approval of a majority of the Independent Directors of the Company Trustees; or (iii) upon 60 days days’ written notice with Good Reason by the AdvisorAdviser. The provisions of Sections 17 through 20 shall survive termination of this Agreement.

Appears in 1 contract

Samples: Management Agreement (Fortress Net Lease REIT)

TERMINATION BY THE PARTIES. This Notwithstanding Section 15, this Agreement may be terminated (i) immediately by the Company and/or the Operating Partnership for Cause in accordance with Section 18(b) or upon the bankruptcy of the AdvisorSection 18(c), (ii) upon 60 days forty-five (45) days’ prior written notice without Cause and without penalty by a majority sixty-seven percent (67%) of the Independent Directors of the Company with Cause without penalty, or (iii) upon 60 days sixty (60) days’ prior written notice with Good Reason by the AdvisorAdvisor for Good Reason. The provisions of Sections 14 and 18 through 30 (inclusive) of this Agreement shall survive any expiration or earlier termination of this Agreement.

Appears in 1 contract

Samples: Advisory Agreement (Healthcare Trust, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated (ia) immediately by the Company and/or the Operating Partnership for with Cause upon forty-five (45) days’ prior written notice or upon the bankruptcy of the Advisor, (iib) upon 60 days sixty (60) days’ prior written notice without Cause and without penalty (i) by a majority of the Independent Directors of the Company or the Advisor, without Cause and without penalty, (ii) by the Advisor for Good Reason, or (iii) upon 60 days written notice with Good Reason by the Advisor.Advisor upon a Change of

Appears in 1 contract

Samples: Advisory Agreement (American Realty Capital Healthcare Trust III, Inc.)

TERMINATION BY THE PARTIES. This Notwithstanding Section 15, this Agreement may be terminated at any time (i) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisorin accordance with Section 18(b), (ii) upon 60 days sixty (60) days’ prior written notice without Cause and without penalty by a majority of the Advisor for Good Reason, or (iii) upon forty-five (45) days’ prior written notice by the Independent Directors of the Company for Cause. The provisions of Sections 14 and 18 through 30 (inclusive) of this Agreement shall survive any expiration or (iii) upon 60 days written notice with Good Reason by the Advisorearlier termination of this Agreement.

Appears in 1 contract

Samples: Advisory Agreement (American Realty Capital New York City REIT, Inc.)

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