Additional Asset Management Fee Clause Samples

Additional Asset Management Fee. No later than the tenth (10th) day of each calendar month commencing in September, 2007, and continuing through August, 2009, the Company shall, to the extent that Investor Member has earned a Monthly Net Yield for the prior calendar month equal to at least the Monthly Net Yield Threshold, the Manager shall be entitled to receive an additional asset management fee (the “Additional Asset Management Fee”) not to exceed .75% of the Gross Monthly Rental Collections for the prior calendar month to the extent, and only to the extent, there is Excess Distributable Cash available from the prior calendar month to pay such Additional Asset Management Fee. No Additional Asset Management Fee shall be payable for the period following July 31, 2009. In addition to the foregoing, if, at the time of the sale, refinancing or other disposition of any Property, the Base Asset Management Fees and the Additional Asset Management Fees then received by Manager aggregate less than 1% of the Gross Monthly Rental Collections for all previous calendar months (and to the extent that Manager has not lost the right to receive the Base Asset Management Fee for any of such previous calendar months pursuant to Section 9.2.2(b) below) (which shortfall is hereinafter referred to as the “Asset Management Fee Shortfall”), then, in connection with the sale, refinancing or other disposition of such Property, and provided that there is a “Net Gain on Sale or Refinancing” from such Property, Manager shall be entitled to receive from the net sales proceeds or net refinancing proceeds generated from the sale, refinancing or other disposition of such Property (but only to the extent of the Net Gain on Sale or Refinancing) an amount equal to the Asset Management Fee Shortfall.