Common use of Limitations on Activities Clause in Contracts

Limitations on Activities. Anything else in this Agreement to the contrary notwithstanding, the Advisor shall refrain from taking any action which, in its sole judgment made in good faith, would (a) adversely affect the status of the Company as a REIT, (b) subject the Company to regulation under the Investment Company Act of 1940, as amended, or (c) violate any law, rule, regulation or statement of policy of any governmental body or agency having jurisdiction over the Company, its Equity Shares or its Securities, or otherwise not be permitted by the Articles of Incorporation or Bylaws of the Company, except if such action shall be ordered by the Directors, in which case the Advisor shall notify promptly the Directors of the Advisor’s judgment of the potential impact of such action and shall refrain from taking such action until it receives further clarification or instructions from the Directors. In such event the Advisor shall have no liability for acting in accordance with the specific instructions of the Directors so given. Notwithstanding the foregoing, the Advisor shall not be liable to the Company or to the Directors or Stockholders for any act or omission by the Advisor, its directors, officers or employees, or stockholders, directors or officers of the Advisor’s Affiliates except as provided in Paragraphs 19 and 20 of this Agreement.

Limitations on Activities. Anything else in this Agreement to the contrary notwithstanding, the Advisor shall refrain from taking any action which, in its sole judgment made in good faith, would (a) adversely affect the status of the Company as a REIT, (b) subject the Company to regulation under the Investment Company Act of 1940, as amended, or (c) violate any law, rule, regulation or statement of policy of any governmental body or agency having jurisdiction over the Company, its Equity Shares or its Securities, Company or otherwise not be permitted by the Articles of Incorporation or Bylaws of the Company, except if such action shall be ordered by the DirectorsBoard, in which case the Advisor shall notify promptly the Directors Board of the Advisor’s judgment of the potential impact of such action and shall refrain from taking such action until it receives further clarification or instructions from the DirectorsBoard. In such event the Advisor shall have no liability for acting in accordance with the specific instructions of the Directors Board so given. Notwithstanding the foregoing, the Advisor Advisor, its directors, officers, employees and stockholders, and stockholders, directors and officers of the Advisor’s Affiliates shall not be liable to the Company Company, the Board or to the Directors or Stockholders for any act or omission by the Advisor, its directors, officers officers, employees or employeesstockholders, or stockholders, directors or officers of the Advisor’s Affiliates taken or omitted to be taken in the performance of their duties under this Agreement except as provided in Paragraphs Sections 19 and 20 of this Agreement.

Limitations on Activities. Anything else in this Agreement and the Operating Agreement to the contrary notwithstanding, the Advisor shall refrain from taking any action whichthat, in its sole judgment made in good faith, would (a) adversely affect the status of the Company as a REIT, (b) subject the Company to regulation under the Investment Company Act of 1940, as amended, or (cb) violate any law, rule, regulation or statement of policy of any governmental body or agency having jurisdiction over the Company, its Equity Shares or its Securitiesother securities, or otherwise not be permitted by the Articles articles of Incorporation organization of Company or Bylaws of the CompanyOperating Agreement, except if such action shall be ordered by the DirectorsSponsoring Member, in which case the Advisor shall notify promptly the Directors Sponsoring Member of the Advisor’s judgment of the potential impact of such action and shall refrain from taking such action until it receives further clarification or instructions from the DirectorsSponsoring Member. In such event the event, Advisor shall have no liability for acting in accordance with the specific instructions of the Directors Sponsoring Member so given. Notwithstanding the foregoing, the Advisor Advisor, its directors, officers, employees and members, and stockholders, directors and officers of Advisor’s Affiliates, shall not be liable to the Company or to the Directors or Stockholders Members for any act or actor omission by the Advisor, its directors, officers officers, members or employees, or stockholders, directors or officers of the Advisor’s Affiliates Affiliates, except as provided set forth in Paragraphs 19 Sections 17 and 20 18 of this Agreement.

Limitations on Activities. Anything else in this Advisery Agreement to the contrary notwithstanding, the Advisor Adviser shall refrain from taking any action which, in its sole judgment made in good faith, would (a) adversely affect the status of the Company as a REIT, (b) subject the Company to regulation under the Investment Company Act of 1940, as amended, or (c) would violate any law, rule, regulation or statement of policy of any governmental body or agency having jurisdiction over the Company, its Equity Shares shares or its Securitiesother securities, or otherwise not be permitted by the Articles of Incorporation or Bylaws of the Company▇▇▇▇▇▇, except if such action shall be ordered by the Directors, in which case the Advisor Adviser shall notify promptly the Directors of the Advisor’s Adviser's judgment of the potential impact of such action and shall refrain from taking such action until it receives further clarification or instructions from the Directors. In such event the Advisor Adviser shall have no liability for acting in accordance with the specific instructions of the Directors so given. Notwithstanding the foregoingprovisions of this Section 7.01, the Advisor Adviser, its partners and employees, and partners, stockholders, directors and officers of the Adviser's partners shall not be liable to the Company Company, or to the Directors or Stockholders Shareholders for any act or omission by the AdvisorAdviser, its directors, officers partners or employees, or partners, stockholders, directors or officers of the Advisor’s Affiliates Adviser's partners except as specifically provided otherwise in Paragraphs 19 and 20 of this Advisery Agreement.

Limitations on Activities. Anything else in this Agreement Notwithstanding anything herein to the contrary notwithstandingcontrary, the Advisor shall refrain from taking any action which, in its sole judgment, or in the sole judgment of the Board, made in good faith, would (a) adversely affect the status maintenance of the Company’s qualification as a REIT under the Code, unless the Board has determined that the maintenance of the Company’s REIT qualification is not in the best interests of the Company as a REITand its Stockholders, (b) subject the Company to regulation under the Investment Company Act of 1940, as amended, (c) be contrary to or inconsistent with the Company’s Investment Guidelines or (cd) violate any law, rule, regulation or statement of policy of any governmental body or agency having jurisdiction over the Company, its Equity Shares Company or its SecuritiesShares, or otherwise not be permitted by the Articles of Incorporation or Bylaws of the CompanyBylaws, except if such action shall be ordered by the DirectorsBoard, in which case the Advisor shall notify promptly the Directors Board of the Advisor’s judgment of the potential impact of such action and shall refrain from taking such action until it receives further clarification or instructions from the DirectorsBoard. In such event event, the Advisor shall have no liability for acting in accordance with the specific instructions of the Directors Board so given. Notwithstanding the foregoing, the Advisor shall not be liable to the Company or to the Directors or Stockholders for any act or omission by the Advisor, its directors, officers or employees, or stockholders, directors or officers of the Advisor’s Affiliates except as provided in Paragraphs 19 and 20 of this Agreement.

Limitations on Activities. Anything else in this Agreement to the contrary notwithstanding, the Advisor shall refrain from taking any action which, in its sole judgment made in good faith, would (a) adversely affect the status of the Company as a REIT, (b) subject the Company to regulation under the Investment Company Act of 1940, as amended, or (c) violate any law, rule, regulation or statement of policy of any governmental body or agency having jurisdiction over the Company, its Equity Shares or its Securities, or otherwise not be permitted by the Articles of Incorporation or Bylaws of the Company, except if such action shall be ordered by the Directors, in which case the Advisor shall notify promptly the Directors of the Advisor’s judgment of the potential impact of such action and shall refrain from taking such action until it receives further clarification or instructions from the Directors. In such event the Advisor shall have no liability for acting in accordance with the specific instructions of the Directors Board so given. Notwithstanding the foregoing, the Advisor Advisor, its directors, officers, employees and stockholders, and stockholders, directors and officers of the Advisor’s Affiliates shall not be liable to the Company or to the Directors or Stockholders stockholders for any act or omission by the Advisor, its directors, officers or employees, or stockholders, directors or officers of the Advisor’s Affiliates except as provided in Paragraphs 19 20 and 20 21 of this Agreement.

Limitations on Activities. Anything else in this Advisory Agreement to the contrary notwithstanding, the Advisor shall refrain from taking any action which, in its sole judgment made in good faith, would (a) adversely affect the status of the Company as a REIT, (b) subject the Company to regulation under the Investment Company Act of 1940, as amended, or (c) would violate any law, rule, regulation or statement of policy of any governmental body or agency having jurisdiction over the Company, its Equity Shares shares or its Securitiesother securities, or otherwise not be permitted by the Articles of Incorporation or Bylaws of the Company▇▇▇▇▇▇, except if such action shall be ordered by the Directors, in which case the Advisor shall notify promptly the Directors of the Advisor’s 's judgment of the potential impact of such action and shall refrain from taking such action until it receives further clarification or instructions from the Directors. In such event the Advisor shall have no liability for acting in accordance with the specific instructions of the Directors so given. Notwithstanding the foregoingprovisions of this Section 7.01, the Advisor Advisor, its partners and employees, and partners, stockholders, directors and officers of the Advisor's partners shall not be liable to the Company Company, or to the Directors or Stockholders Shareholders for any act or omission by the Advisor, its directors, officers partners or employees, or partners, stockholders, directors or officers of the Advisor’s Affiliates 's partners except as specifically provided otherwise in Paragraphs 19 and 20 of this Advisory Agreement.

Limitations on Activities. Anything else in this Agreement to the contrary notwithstanding, the Advisor shall refrain from taking any action which, in its sole judgment made in good faith, would (a) adversely affect the status of the Company as a REIT, (b) would subject the Company to regulation under the Investment Company Act of 1940, as amended, or (c) violate any law, rule, regulation or statement of policy of any governmental body or agency having jurisdiction over the Company, its Equity Shares or its Securities, or otherwise would not be permitted by the Articles of Incorporation or Bylaws of the CompanyBylaws, except if such action shall be ordered by the Directors, in which case the Advisor shall notify promptly the Directors of the Advisor’s judgment of the potential impact of such action and shall refrain from taking such action until it receives further clarification or instructions from the Directors. In such event the Advisor shall have no liability for acting in accordance with the specific instructions of the Directors so given. Notwithstanding the foregoing, the Advisor Advisor, its partners and employees, and partners, stockholders, directors and officers of the Advisor’s partners shall not be liable to the Company company, or to the Directors or Stockholders Shareholders for any act or omission by the Advisor, its directors, officers partners or employees, or partners, stockholders, directors or officers of the Advisor’s Affiliates partners except as provided in Paragraphs 19 Sections 16 and 20 18 of this Agreement.

Limitations on Activities. Anything else in this Agreement to the contrary notwithstanding, the Advisor shall refrain from taking any action which, in its sole judgment made in good faith, would (a) adversely affect the status of the Company as a REIT, (b) subject the Company to regulation under the Investment Company Act of 1940, as amended, or (c) violate any law, rule, regulation or statement of policy of any governmental body or agency having jurisdiction over the Company, its Equity Shares or its Securities, or otherwise not be permitted by the Articles of Incorporation or Bylaws of the Company, except if such action shall be ordered by the Directors, in which case the Advisor shall notify promptly the Directors of the Advisor’s judgment of the potential impact of such action and shall refrain from taking such action until it receives further clarification or instructions from the Directors. In such event the Advisor shall have no liability for acting in accordance with the specific instructions of the Directors so given. Notwithstanding the foregoing, the Advisor shall not be liable to the Company or to the Directors or Stockholders for any act or omission by the Advisor, its directors, officers or employees, or stockholders, directors or officers of the Advisor’s Affiliates except as provided in Paragraphs 19 and 20 of this Agreement.

Limitations on Activities. Anything else in this Agreement to the contrary notwithstanding, the Advisor shall refrain from taking any action which, in its sole judgment made in good faith, would (a) adversely affect the status of the Company as a REIT, (b) subject the Company to regulation under the Investment Company Act of 1940, as amended, or (c) would violate any law, rule, regulation or statement of policy of any governmental body or agency having jurisdiction over the Company, its Equity Shares or its Securities, or otherwise not be permitted by the Articles of Incorporation or Bylaws of the Company, except if such action shall be ordered by the Directors, in which case the Advisor shall notify promptly the Directors of the Advisor’s judgment of the potential impact of such action and shall refrain from taking such action until it receives further clarification or instructions from the Directors. In such event the Advisor shall have no liability for acting in accordance with the specific instructions of the Directors so given. Notwithstanding the foregoing, the Advisor Advisor, its partners and employees, and partners, stockholders, directors and officers of the Advisor’s partners shall not be liable to the Company Company, or to the Directors or Stockholders Shareholders for any act or omission by the Advisor, its directors, officers partners or employees, or partners, stockholders, directors or officers of the Advisor’s Affiliates partners except as provided in Paragraphs 17 and 19 and 20 of this Agreement.