Additional Activities of Manager. Subject to the Non-Competition -------------------------------- Agreement by and between the Company and ICII, and the Right of First Refusal Agreement by and between ICII and ICIFC, nothing herein shall prevent the Manager or its Affiliates from engaging in other businesses or from rendering services of any kind to any other person or entity, including investment in or advisory service to others investing in any type of real estate investment, including investments which meet the principal investment objectives of the Company or any subsidiary of the Company. Directors, officers, employees and agents of the Manager or Affiliates of the Manager may serve as directors, officers, employees, agents, nominees or signatories for the Company or any subsidiary of the Company, to the extent permitted by its Governing Instruments, as from time to time amended, or by any resolutions duly adopted by the Board of Directors pursuant to its Governing Instruments. When executing documents or otherwise acting in such capacities for the Company, such persons shall use their respective titles in the Company.
Additional Activities of Manager. Nothing herein shall limit or -------------------------------- restrict the right of the Manager or any of its officers, directors, employees or Affiliates to engage in any business or to render services of any kind to any other person including the purchase of, or rendering advice to others purchasing, assets that meet the Company's policies and criteria, except that the Manager may not manage or advise another REIT or other entity that invests or intends to invest primarily in commercial and multifamily Mortgage Loans or subordinated CMBS Interests. Moreover, the Manager shall require its President, Senior Vice Presidents and certain other executive officers to execute non- compete agreements that will preclude them from leaving the Manager and, subject to the geographic, time and other limitations, if any, that may be set forth therein, forming or joining another REIT that invests or intends to invest primarily in commercial and multifamily Mortgage Loans or subordinated CMBS Interests. Directors, officers, employees and agents of the Manager or Affiliates of the Manager may serve as directors, officers, employees, agents, nominees or signatories for the Company or any of its Subsidiaries, to the extent permitted by their Governing Instruments, as from time to time amended, or by any resolutions duly adopted by the Board of Directors pursuant to the Company's or any of its Subsidiaries' Governing Instruments. When executing documents or otherwise acting in such capacities for the Company, such persons shall use their respective titles in the Company.
Additional Activities of Manager. (a) Except as expressly provided below, this Agreement shall not prevent or restrict the Manager or any other member of the AMRESCO Group, or any of their respective officers, directors, partners, officers, stockholders, employees or Affiliates from engaging in other businesses or from rendering services of any kind to any other Person, including investment in, or advisory service to others investing in, any type of real estate related assets, including assets which meet the principal investment objectives of the Company; provided, however, that during the term of this Agreement, neither the Manager, nor any other member of the AMRESCO Group, nor any of their respective directors, partners, officers, employees or affiliates (while acting in such capacity only) will (i) sponsor, (ii) act as manager to or (iii) make any significant equity investment in, any other REIT with investment objectives substantially similar to those of the Company, without the prior approval of a majority of the Independent Trust Managers.
Additional Activities of Manager. (a) Nothing herein shall prevent the Manager or any of its Affiliates from engaging in other businesses or from rendering services of any kind to any other person or entity, including investment in, or advisory service to others investing in, any type of real estate investment, including investments which meet the principal investment objectives of the Company. Notwithstanding anything elsewhere in this Agreement to the contrary, the Manager shall not engage in any activity which would cause it to be required to register as an investment advisor under the Investment Advisers Act of 1940. In furtherance thereof, during any twelve (12) month period, the Manager shall not (i) render investment advice to more than fifteen (15) clients, (ii) hold itself out generally to the public as an investment advisor, or (iii) act as an investment advisor to any investment Company that is registered under the Investment Company Act.
Additional Activities of Manager. Nothing herein shall prevent the Manager or any of its Affiliates from engaging in other businesses or from rendering services of any kind to any other person or entity, including investment in, or advisory service to others investing in, any type of real estate investment, including investments that meet the principal investment objectives of the Company. The Manager will allocate investment opportunities among investors for whom the Manager and its Affiliates manage assets based upon primary investment objectives, applicable investment restrictions, and such other factors as the Manager deems appropriate and fair under the circumstances. Directors, officers, employees and agents of the Manager or its Affiliates may serve as directors, officers, employees, agents, nominees or signatories for the Company, to the extent permitted by the Company's Governing Instruments, as from time to time amended, or by any resolutions duly adopted by the Board of Directors pursuant to the Company's Governing Instruments. When executing documents or otherwise acting in such capacities for the Company, such persons shall use their respective titles in the Company.
Additional Activities of Manager. Nothing herein shall prevent the Manager or any of its officers, directors, employees or Affiliates from engaging in other businesses or from rendering services of any kind to any other person or entity, including the purchase of, or advisory service to others investing in, any type of real estate investment, including investments which meet the principal investment objectives of the Company, except that the Manager and its officers, directors and employees shall not provide any such service to any mortgage REIT other than the Company. The Manager may participate with the Company in making Mortgage loans if approved by a majority of the Unaffiliated Directors. Directors, officers, employees and agents of the Manager or Affiliates of the Manager may serve as trustees, directors, officers, employees, agents, nominees or signatories for the Company or any subsidiary of the Company, to the extent permitted by their Governing Instruments, as from time to time amended, or by any resolutions duly adopted by the Board of Directors pursuant to the Company's Governing Instruments.
Additional Activities of Manager. (a) Except as expressly provided in paragraph 3(b) below, nothing in this agreement shall prevent the Manager or any of its officers, directors, employees or affiliates from engaging in other businesses or from rendering services of any kind to any other person or entity, including the purchase of, or advisory services to others investing in, any type of real estate investment, including investments which meet the principal investment objectives of the Company. Notwithstanding the foregoing, the Manager shall at all times during the term of this Agreement devote such time and attention, and maintain sufficient personnel and resources, to assure that it can adequately manage the operations and administration of the Company.
Additional Activities of Manager. Nothing herein shall limit or restrict the right of the Manager or any of its officers, directors, employees or Affiliates to engage in any business or to render services of any kind to any other person including the purchase of, or rendering advice to others purchasing, assets that meet the Company's policies and criteria, except that the Manager may not manage or advise another REIT or other entity that invests or intends to invest primarily in commercial and multifamily Mortgage Loans or subordinated CMBS Interests.
Additional Activities of Manager. Nothing herein shall prevent the Manager or any of its Affiliates from engaging in other businesses or from rendering services of any kind to any other person or entity, except that the Manager agrees, during the term of this Agreement, not to serve as an investment adviser to any Mortgage REIT, other than the Company, without the prior written approval of the Independent Directors.
Additional Activities of Manager. Nothing herein shall prevent the Manager or any of its officers, directors, employees or Affiliates from engaging in other businesses or from rendering services of any kind to any other person or entity, including the purchase of, or advisory service to others investing in, any type of real estate investment, including investments which meet the principal investment objectives of the Company, except that the Manager and its officers, directors and employees shall not provide any such services to any residential mortgage REIT other than the Company or another REIT sponsored by the Manager or its Affiliates which has operating policies and strategies different in one or more material respects from those of the Company, as confirmed by a majority of the Unaffiliated Directors. Directors, officers, employees and agents of the Manager or Affiliates of the Manager may serve as trustees, directors, officers, employees, agents, nominees or signatories for the Company or any subsidiary of the Company, to the extent permitted by their Governing Instruments, as from time to time amended, or by any resolutions duly adopted by the Board of Directors pursuant to the
