Common use of Action Upon Termination Clause in Contracts

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 19, 21 or 22 hereof, the Advisor shall not be entitled to compensation for further services hereunder but shall be paid all compensation accruing to the date of termination. The Advisor shall forthwith upon such termination:

Appears in 15 contracts

Samples: Advisory Agreement (Transcontinental Realty Investors Inc), Advisory Agreement (Income Opportunity Realty Investors Inc /Tx/), Advisory Agreement (American Realty Investors Inc)

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Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 19, 21 or 22 hereof, the The Advisor shall not be entitled to compensation after the date of termination of this Agreement for further services hereunder hereunder, but shall be paid all compensation accruing to the date of termination. The Subject to the provisions of Section 12, the Advisor shall forthwith upon such terminationa termination caused by factors other than the listing for trading of the Shares on a national stock exchange or market:

Appears in 10 contracts

Samples: Advisory Agreement (Inland Western Retail Real Estate Trust Inc), Advisory Agreement (Inland Western Retail Real Estate Trust Inc), Advisory Agreement (Inland Western Retail Real Estate Trust Inc)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 19, 21 or 22 Section 17 hereof, the Advisor shall not be entitled to compensation for further services service rendered hereunder but shall be paid all compensation accruing to and reimbursed for all expenses accrued through the date of termination within thirty (30) days of such termination. The Advisor shall forthwith upon such termination:

Appears in 10 contracts

Samples: Advisory Agreement (American Realty Capital Trust, Inc.), Advisory Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.), Advisory Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 19, 21 or 22 hereof, the The Advisor shall not be entitled to compensation for further services hereunder but shall be paid all compensation accruing to performed after the effective date of terminationthe termination of this Agreement. The Advisor shall shall, forthwith upon such termination:

Appears in 9 contracts

Samples: Advisory Services Agreement (Boston Capital Real Estate Investment Trust Inc), Advisory Services Agreement (Boston Capital Real Estate Investment Trust Inc), Advisory Services Agreement (Boston Capital Real Estate Investment Trust Inc)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 19, 21 or 22 hereof, the The Advisor shall not be entitled to compensation after the date of termination of this Agreement for further services hereunder hereunder, but shall be paid all compensation accruing to the date of termination. The Subject to the provisions of Sections 13 and 14, the Advisor shall forthwith upon such a termination:

Appears in 7 contracts

Samples: Advisory Agreement (Grubb & Ellis Apartment REIT, Inc.), Advisory Agreement (Grubb & Ellis Apartment REIT, Inc.), Advisory Agreement (NNN Apartment REIT, Inc.)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 19except as specified in Section 10.2, 21 10.3 or 22 hereof10.4 of this Agreement, the Advisor shall not be entitled to any payment or compensation for further services hereunder but shall be paid all compensation accruing to as of the date of termination shall terminate and be cancelled without consideration. Upon such termination. The , the Advisor shall forthwith upon such terminationpromptly:

Appears in 4 contracts

Samples: Advisory Agreement (Desert Capital Reit Inc), Advisory Agreement (Bull Street Real Estate Investment Trust Inc), Advisory Agreement (Bull Street Real Estate Investment Trust Inc)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 19except as specified in Section 10.2, 21 10.3 or 22 hereof10.4 of this Agreement, the Advisor shall not be entitled to any payment or compensation for further services hereunder but shall be paid all compensation accruing to and as of the date of termination, this Agreement shall terminate and be cancelled without consideration. The Upon such termination, the Advisor shall forthwith upon such terminationpromptly:

Appears in 4 contracts

Samples: Advisory Agreement (CM REIT, Inc.), Form of Advisory Agreement (CM REIT, Inc.), Advisory Agreement (CM REIT, Inc.)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 19, 21 Section 14 or 22 hereofSection 16 of this Agreement, the Advisor shall not be entitled to compensation for further services hereunder under this Agreement, but shall be paid all compensation accruing to the date of termination and, if terminated pursuant to Section 16(b) or Section 16(c), the applicable Termination Fee. Upon such termination. The , the Advisor shall forthwith upon such terminationforthwith:

Appears in 4 contracts

Samples: Advisory Agreement, Advisory Agreement (City Office REIT, Inc.), Advisory Agreement (City Office REIT, Inc.)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 1913, 21 14 or 22 hereof15 of this Agreement, the Advisor shall not be entitled to compensation for further services hereunder hereunder, but shall be paid all compensation accruing to the date of termination. The Upon such termination, the Advisor shall forthwith upon such terminationforthwith:

Appears in 3 contracts

Samples: Advisory Agreement (America First Apartment Investors Inc), Advisory Agreement (America First Apartment Investors Inc), Advisory Agreement (America First Apartment Investors Inc)

Action Upon Termination. From and after the effective date of termination of this Agreement, Agreement pursuant to Sections 1910, 21 11, or 22 hereof12 of this Agreement, the Advisor shall not be entitled to compensation for further services hereunder hereunder, but shall be paid all compensation accruing to the date of termination and, if terminated pursuant to section 12(b) hereof or not renewed pursuant to Section 10(b) hereof (subject to Section 10(c) hereof), the Termination Fee. Upon any such termination. The , the Advisor shall forthwith upon such terminationforthwith:

Appears in 3 contracts

Samples: Advisory Agreement (FundCore Institutional Income Trust Inc.), Advisory Agreement (FundCore Institutional Income Trust Inc.), Advisory Agreement (FundCore Institutional Income Trust Inc.)

Action Upon Termination. From and after the effective date of termination of this Agreement, Agreement pursuant to Sections 1911, 21 12, or 22 hereof13 of this Agreement, the Advisor shall not be entitled to compensation for further services hereunder hereunder, but shall be paid all compensation accruing to the date of termination and, if terminated or not renewed, pursuant to Section 11, the Termination Fee. Upon any such termination. The , the Advisor shall forthwith upon such terminationforthwith:

Appears in 3 contracts

Samples: Advisory Agreement (Lexington Corporate Properties Trust), Advisory Agreement (Lexington Strategic Asset Corp), Advisory Agreement (Lexington Realty Trust)

Action Upon Termination. From and after the effective date of expiration or termination of this Agreement, pursuant to Sections 1914, 21 15, 16 or 22 17 hereof, the Advisor shall not be entitled to compensation for further services hereunder but shall be paid all compensation accruing to the date of expiration or termination. The Advisor shall forthwith upon any such terminationevent:

Appears in 3 contracts

Samples: Advisory Agreement (American Realty Trust Inc), Advisory Agreement (American Realty Investors Inc), Advisory Agreement (American Realty Investors Inc)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 19, 21 13 or 22 hereof15 of this Agreement, the Advisor shall not be entitled to compensation for further services hereunder under this Agreement, but shall be paid all compensation accruing to the date of termination and, if terminated pursuant to Section 13(a) or Section 15(b), the applicable Termination Fee. Upon such termination. The , the Advisor shall forthwith upon such terminationforthwith:

Appears in 2 contracts

Samples: Investment Advisory Agreement (ZAIS Financial Corp.), Investment Advisory Agreement (ZAIS Financial Corp.)

Action Upon Termination. From and after the effective date of termination of this Agreement, Agreement pursuant to Sections 19, 21 10 or 22 hereof11 of this Agreement, the Advisor shall not be entitled to compensation for further services hereunder hereunder, but shall be paid all compensation accruing to the date of termination and, if (x) terminated pursuant to Section 11(b) hereof or (y) not renewed pursuant to Section 10(b) hereof (subject to Section 10(c) hereof), the Termination Fee. Upon any such termination. The , the Advisor shall forthwith upon such terminationforthwith:

Appears in 2 contracts

Samples: Advisory Agreement (CapRocq Core REIT, Inc.), Advisory Agreement (CapRocq Core REIT, Inc.)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 19, 21 17 or 22 18 hereof, the Advisor shall not be entitled to compensation for further services hereunder but shall be paid all compensation accruing to the date of terminationtermination based on the Equity Value of all properties and cash proceeds not yet invested as of the termination Date. The In addition to any obligations hereunder that may have accrued as of the effective date of termination (such as the obligations to provide reports for prior months), the Advisor shall forthwith upon such termination:

Appears in 2 contracts

Samples: And Advisory Agreement (Amerivest Properties Inc), Purchase Agreement (Amerivest Properties Inc)

Action Upon Termination. 19.1 From and after the effective date of termination of this Agreement, pursuant to Sections 1916, 21 or 22 hereof, 18 and 19 the Advisor shall not be entitled to compensation for further services hereunder but shall be paid all compensation accruing to the date of termination. The Advisor shall be deemed to have earned one-twelfth of the Incentive Fee of each full calendar month during which it provides services to the Company under this Agreement. The Advisor shall forthwith upon such termination:

Appears in 2 contracts

Samples: Advisory Agreement (Omega Worldwide Inc), Advisory Agreement (Omega Worldwide Inc)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 19, 21 14 or 22 17 hereof, the Advisor shall not be entitled to compensation for further services hereunder but shall be paid all compensation due Advisor pursuant to Section 10 accruing to the date of termination. The Advisor shall forthwith upon such termination:

Appears in 2 contracts

Samples: Advisory, Administrative Services and Facilities Agreement (National Health Investors Inc), Services and Facilities Agreement (National Health Investors Inc)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 19, 21 or 22 hereof, the Advisor The Adviser shall not be entitled to compensation after the date of termination of this Agreement for further services hereunder but shall be paid all compensation accruing to the date of termination. The Advisor Adviser shall forthwith upon such termination:

Appears in 2 contracts

Samples: Advisory Agreement (HMG Courtland Properties Inc), Advisory Agreement (Realty Refund Trust)

Action Upon Termination. From Except as set forth in Section 17 hereof, from and after the effective date of termination of this Agreement, pursuant to Sections 19, 21 or 22 hereofEffective Termination Date, the Advisor shall not be entitled to compensation for further services hereunder under this Agreement, but shall be paid all compensation accruing to the date of termination and, if terminated pursuant to Section 13(a) or Section 15(c), the applicable Termination Fee. Upon such termination. The , the Advisor shall forthwith upon such terminationforthwith:

Appears in 2 contracts

Samples: Advisory Agreement (Harvest Capital Strategies LLC), Advisory Agreement (New York Mortgage Trust Inc)

Action Upon Termination. From and after the effective date of any termination of this Agreement, Agreement pursuant to Sections 1915, 21 16 or 22 17 hereof, the Advisor shall not be entitled to no compensation for further services rendered hereunder for the remainder of the then-current term of this Agreement but shall be paid paid, on a pro rata basis, all compensation accruing due for services performed prior to termination, including, without limitation, a pro rata portion of the date of then current year's Incentive Fee. Upon termination. The , the Advisor shall forthwith upon such terminationimmediately shall:

Appears in 2 contracts

Samples: Advisory Agreement (Senior Housing Properties Trust), Form of Advisory Agreement (Senior Housing Properties Trust)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 19, 21 or 22 Section 19 hereof, the Advisor shall not be entitled to compensation for further services service rendered hereunder but shall be paid all compensation accruing to and reimbursed for all expenses accrued through the date of termination. The Advisor shall forthwith upon such termination:

Appears in 2 contracts

Samples: Advisory Services Agreement (American Mortgage Investors Trust), Services Agreement (Chartermac)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 1913, 21 14 or 22 hereof15 of this Agreement, the Advisor shall not be entitled to compensation for further services hereunder under this Agreement, but shall be paid all compensation accruing to the date of termination and, if terminated pursuant to Section 13 or Section 15(b), the applicable Termination Fee. Upon such termination. The , the Advisor shall forthwith upon such terminationforthwith:

Appears in 2 contracts

Samples: Advisory Agreement (New York Mortgage Trust Inc), Advisory Agreement (JMP Group Inc.)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 1915, 21 17 or 22 18 hereof, the Advisor Advisor, except as provided in Section 11, shall not be entitled to compensation for further services hereunder but shall be paid all compensation accruing to the date of termination, including compensation the payment of which may have been deferred as a result of the condition to payment set forth in Section 11(b) hereof. The Advisor shall forthwith upon such termination:

Appears in 2 contracts

Samples: Services and Facilities Agreement (National Health Realty Inc), Services and Facilities Agreement (National Healthcare Corp)

Action Upon Termination. From and after the effective date of termination of this Agreement, Agreement pursuant to Sections 1910, 21 11, or 22 hereof12 of this Agreement, the Advisor shall not be entitled to compensation for further services hereunder hereunder, but shall be paid all compensation accruing to the date of termination. The Upon any such termination, the Advisor shall forthwith upon such terminationforthwith:

Appears in 2 contracts

Samples: Advisory Agreement (American Realty Capital Centers, Inc.), Acquisition and Capital Services Agreement (American Realty Capital Properties, Inc.)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 1917, 21 19 or 22 hereof20 herein, the Advisor shall not be entitled to compensation for further services hereunder performed after the date of termination, but shall be paid all compensation accruing to the date of termination, including compensation which may have been earned but deferred. The Advisor shall forthwith promptly upon such termination:

Appears in 2 contracts

Samples: Advisory Agreement (Franklin Select Realty Trust), Advisory Agreement (Franklin Select Realty Trust)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 19, 21 or 22 Section 16 hereof, the Advisor shall not be entitled to compensation for further services service rendered hereunder but shall be paid all compensation accruing to and reimbursed for all expenses accrued through the date of termination within thirty (30) days of such termination. The Advisor shall forthwith upon such termination:

Appears in 2 contracts

Samples: Advisory Agreement (Lightstone Value Plus REIT II, Inc.), Advisory Agreement (Lightstone Value Plus Real Estate Investment Trust Ii Inc)

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Action Upon Termination. From and after If the effective date of termination of Advisor terminates this Agreement, pursuant to Sections 19, 21 or 22 hereof, the Advisor shall not be entitled to compensation for further services hereunder but shall be paid all compensation accruing to performed after the effective date of such termination. The Advisor shall shall, forthwith upon such termination:

Appears in 2 contracts

Samples: Form of Advisory Services Agreement (Berkshire Income Realty Inc), Advisory Services Agreement (Berkshire Income Realty Inc)

Action Upon Termination. From and after the effective date of termination of this Agreement, Agreement pursuant to Sections 19Section 10, 21 Section 11(a), Section 12, or 22 hereofSection 13, the Advisor shall not be entitled to compensation for further services hereunder hereunder, but shall be paid all compensation accruing to the date of termination plus Incentive Compensation through and including the last day of the month during which the termination of this Agreement occcurred. Upon any such termination. The , the Advisor shall forthwith upon such terminationforthwith:

Appears in 2 contracts

Samples: Advisory Agreement, Advisory Agreement (Global Net Lease, Inc.)

Action Upon Termination. From and after the effective date of any termination of this Agreement, Agreement pursuant to Sections 1915, 21 16 or 22 17 hereof, the Advisor shall not be entitled to no compensation for further services rendered hereunder for the remainder of the then-current term of this Agreement but shall be paid paid, on a pro rata basis, all compensation accruing due for services performed prior to termination, including, without limitation, a pro rata portion of the date of then current year’s Incentive Fee. Upon termination. The , the Advisor shall forthwith upon such terminationimmediately shall:

Appears in 2 contracts

Samples: Advisory Agreement (Senior Housing Properties Trust), Advisory Agreement (Senior Housing Properties Trust)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 19, 21 or 22 Section 17 hereof, the Advisor shall not be entitled to compensation for further services service rendered hereunder but shall be paid all compensation accruing to and reimbursed for all expenses accrued through the date of termination. The Advisor shall forthwith upon such termination:

Appears in 2 contracts

Samples: Advisory Agreement (Aegis Realty Inc), Advisory Agreement (Aegis Realty Inc)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 19Section 14, 21 16 or 22 17 hereof, the Advisor Advisor, except as provided in Section 10, shall not be entitled to compensation for further services hereunder but shall be paid all compensation accruing to the date of termination. The Advisor shall forthwith upon such termination:

Appears in 1 contract

Samples: Services and Facilities Agreement (National Health Realty Inc)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 1914, 21 16 or 22 17 hereof, the Advisor Advisor, except as provided in Section 10, shall not be entitled to compensation for further services hereunder but shall be paid all compensation accruing to the date of termination, including compensation the payment of which may have been deferred as a result of the condition to payment set forth in Section 10(b) hereof. The Advisor shall forthwith upon such termination:

Appears in 1 contract

Samples: Services and Facilities Agreement (National Healthcare Corp)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 19, 21 or 22 Section 19 hereof, the Advisor shall not be entitled to compensation for further services service rendered hereunder but shall be paid all compensation accruing to and reimbursed for all expenses accrued through the date of terminationtermination and any termination fees payable under Section 19. The Advisor shall forthwith upon such termination:

Appears in 1 contract

Samples: Advisory Services Agreement (American Mortgage Acceptance Co)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 19, 21 or 22 hereof, the Advisor shall not be entitled to compensation for further services hereunder hereunder, but shall be paid all compensation accruing to the date of termination or provided in this Agreement. Upon such termination. The , the Advisor shall forthwith upon such terminationforthwith:

Appears in 1 contract

Samples: Form of Advisory Agreement (America First Real Estate Investment Co Inc)

Action Upon Termination. From and after the effective date of any termination of this Advisory Agreement, pursuant to Sections 19, 21 or 22 hereof, the Advisor shall not be entitled to no compensation for further services rendered hereunder in the case of termination pursuant to this Article VII, but shall be paid paid, on a pro rata basis, all compensation accruing due for services performed prior to such termination. The provisions of Section 5.3, Section 5.4, and Section 5.8 shall apply to the portion of the calendar year which ends on the effective date of termination, with respect to the Excess Amount and Operating Expenses accrued to such date. The Advisor shall forthwith upon Upon such termination, the Advisor immediately shall:

Appears in 1 contract

Samples: Reit Advisory Agreement (American Church Mortgage Co)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 19, 21 or 22 Section 17 hereof, the Advisor shall not be entitled to compensation for further services service rendered hereunder but shall be paid all compensation accruing to and reimbursed for all expenses accrued through the date of termination within thirty (30) days of such termination. The Advisor shall forthwith upon such termination:.

Appears in 1 contract

Samples: Advisory Agreement (Orion Multifamily Investment Fund Inc)

Action Upon Termination. From and after the effective date of expiration or termination of this Agreement, pursuant to Sections 1914, 21 15, or 22 16 hereof, the Advisor shall not be entitled to compensation for further services hereunder but shall be paid all compensation accruing to the date of expiration or termination. The Advisor shall forthwith upon any such terminationevent:

Appears in 1 contract

Samples: Agreement (Bedminster Capital Corp)

Action Upon Termination. From and after the effective date of termination of this Agreement, Agreement pursuant to Sections 1910, 21 11, or 22 hereof12 of this Agreement, the Advisor shall not be entitled to compensation for further services hereunder hereunder, but shall be paid all compensation accruing to the date of termination and, if terminated pursuant to Section 12(b) hereof or not renewed pursuant to Section 10(b) hereof (subject to Section 10(c) hereof), the Termination Fee. Upon any such termination. The , the Advisor shall forthwith upon such terminationforthwith:

Appears in 1 contract

Samples: Investment Advisory And (Cim Real Estate Finance Trust, Inc.)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 19, 21 or 22 hereof, the The Advisor shall not be entitled to compensation for further services hereunder but shall be paid all compensation accruing to after the date of terminationtermination of this Agreement as discussed in paragraph 12 above. The Advisor shall shall, forthwith upon such termination:

Appears in 1 contract

Samples: Advisory Agreement (NTS Mortgage Income Fund)

Action Upon Termination. From and after the effective date of ----------------------- expiration or termination of this Agreement, pursuant to Sections 1914, 21 15, 16 or 22 17 hereof, the Advisor shall not be entitled to compensation for further services hereunder but shall be paid all compensation accruing to the date of expiration or termination. The Advisor shall forthwith upon any such terminationevent:

Appears in 1 contract

Samples: Advisory Agreement (American Realty Trust Inc)

Action Upon Termination. From and after the effective date of ----------------------- termination of this Agreement, pursuant to Sections 19, 21 22 or 22 23 hereof, the Advisor shall not be entitled to compensation for further services hereunder but shall be paid all compensation accruing to the date of terminationtermination based on the Equity Value of all properties and cash proceeds not yet invested as of the termination Date. The In addition to any obligations hereunder that may have accrued as of the effective date of termination (such as the obligations to provide reports for prior months), the Advisor shall forthwith upon such termination:

Appears in 1 contract

Samples: Management and Advisory Agreement (Amerivest Properties Inc)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 19, 21 or 22 hereof, the Advisor shall not be entitled to compensation for further services hereunder but shall be paid all compensation accruing to the date of terminationtermination based on the Equity Value of all properties and cash proceeds not yet invested as of the termination Date. The In addition to any obligations hereunder that may have accrued as of the effective date of termination (such as the obligations to provide reports for prior months), the Advisor shall forthwith upon such termination:

Appears in 1 contract

Samples: Management and Advisory Agreement (Amerivest Properties Inc)

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