Common use of Payments to and Duties of Advisor Upon Termination Clause in Contracts

Payments to and Duties of Advisor Upon Termination. Payments to the Advisor pursuant to this Section 18 shall be subject to the 2%/25% Guidelines to the extent applicable. (A) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company within thirty (30) days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement; and (B) The Advisor shall promptly upon termination: (i) pay over to the Company all money collected and held for the account of the Company pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) deliver to the Board a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board; (iii) deliver to the Board all assets, including Properties and Real Estate Related Securities, and documents of the Company then in the custody of the Advisor; and (iv) cooperate with the Company to provide an orderly management transition.

Appears in 3 contracts

Sources: Advisory Agreement (NNN Healthcare/Office REIT, Inc.), Advisory Agreement (NNN Healthcare/Office REIT, Inc.), Advisory Agreement (NNN Healthcare/Office REIT, Inc.)

Payments to and Duties of Advisor Upon Termination. Payments to the Advisor of unpaid expense reimbursements pursuant to this Section 18 19 shall be subject to the 2%/25% Guidelines to the extent applicable. (A) a. After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company within thirty (30) 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement; and. (B) b. The Advisor shall promptly upon termination: (i) i. pay over to the Company all money collected and held for the account of the Company pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) . deliver to the Board Directors a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the BoardDirectors; (iii) . deliver to the Board Directors all assets, including Properties and Real Estate Related SecuritiesProperties, and documents of the Company then in the custody of the Advisor; and (iv) . cooperate with the Company to provide an orderly management transition.

Appears in 3 contracts

Sources: Advisory Agreement (Dividend Capital Trust Inc), Advisory Agreement (Dividend Capital Trust Inc), Advisory Agreement (Dividend Capital Trust Inc)

Payments to and Duties of Advisor Upon Termination. Payments to the Advisor pursuant to this Section 18 19 shall be subject to the 2%/25% Guidelines to the extent applicable. (Aa) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company within thirty (30) 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement; and. (Bb) The Advisor shall promptly upon termination: (i) pay over to the Company all money collected and held for the account of the Company pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) deliver to the Board a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board; (iii) deliver to the Board all assets, including Properties and Real Estate Related SecuritiesProperties, and documents of the Company then in the custody of the Advisor; and (iv) cooperate with the Company to provide an orderly management transition.

Appears in 2 contracts

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

Payments to and Duties of Advisor Upon Termination. Payments to the Advisor pursuant to this Section 18 15 shall be subject to the 2%/25% Guidelines to the extent applicable. (Aa) After the Termination Datetermination of this Agreement, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company within thirty (30) 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this AgreementAdvisory Fees; and (Bb) The Advisor shall promptly upon termination: (i) pay over to the Company all money collected and held for the account of the Company pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) deliver to the Board a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board; (iii) deliver to the Board all assets, including Properties and Real Estate Related SecuritiesProperties, and documents of the Company then in the custody of the Advisor; and (iv) cooperate with the Company to provide an orderly management transition.

Appears in 1 contract

Sources: Advisory Agreement (Wells Total Return REIT, Inc.)

Payments to and Duties of Advisor Upon Termination. Payments to the Advisor pursuant to this Section 18 15 shall be subject to the 2%/25% Guidelines to the extent applicable. (Aa) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company within thirty (30) 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement; and (Bb) The Advisor shall promptly upon termination: (i) pay over to the Company all money collected and held for the account of the Company pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) deliver to the Board a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board; (iii) deliver to the Board all assets, including Properties and Real Estate Related SecuritiesProperties, and documents of the Company then in the custody of the Advisor; and (iv) cooperate with the Company to provide an orderly management transition.

Appears in 1 contract

Sources: Advisory Agreement (Wells Timber Real Estate Investment Trust, Inc.)

Payments to and Duties of Advisor Upon Termination. Payments to the Advisor of unpaid expense reimbursements pursuant to this Section 18 19 shall be subject to the 2%/25% Guidelines to the extent applicable. (Aa) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company within thirty (30) 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement; and. (Bb) The Advisor shall promptly upon termination: (i) pay over to the Company all money collected and held for the account of the Company pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) deliver to the Board Directors a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the BoardDirectors; (iii) deliver to the Board Directors all assets, including Properties and Real Estate Related SecuritiesProperties, and documents of the Company then in the custody of the Advisor; and (iv) cooperate with the Company to provide an orderly management transition.

Appears in 1 contract

Sources: Advisory Agreement (Dividend Capital Trust Inc)