Common use of Affiliate or Affiliated Clause in Contracts

Affiliate or Affiliated. With respect to any Person, (i) any Person directly or indirectly owning, controlling or holding, with the power to vote, ten percent (10%) or more of the outstanding voting securities of such other Person; (ii) any Person ten percent (10%) or more of whose outstanding voting securities are directly or indirectly owned, controlled or held, with the power to vote, by such other Person; (iii) any Person directly or indirectly controlling, controlled by or under common control with such other Person; (iv) any executive officer, director, trustee or general partner of such other Person; and (v) any legal entity for which such Person acts as an executive officer, director, trustee or general partner.

Appears in 82 contracts

Samples: Advisory Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.), Advisory Agreement (Moody National REIT I, Inc.), Advisory Agreement (Industrial Income Trust Inc.)

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Affiliate or Affiliated. With respect As to any Person, (i) any Person directly or indirectly owning, controlling controlling, or holding, with the power to vote, ten percent (10%) % or more of the outstanding voting securities of such other Person; (ii) any Person ten percent (10%) % or more of whose outstanding voting securities are directly or indirectly owned, controlled controlled, or held, with the power to vote, by such other Person; (iii) any Person Person, directly or indirectly indirectly, controlling, controlled by by, or under common control with such other Person; (iv) any executive officer, director, trustee or general partner of such other Person; and (v) any legal entity for which such Person acts as an executive officer, director, trustee or general partner.

Appears in 27 contracts

Samples: Advisory Management Agreement (Behringer Harvard Opportunity REIT II, Inc.), Advisory Agreement (Lightstone Value Plus REIT V, Inc.), Advisory Agreement (Behringer Harvard Opportunity REIT II, Inc.)

Affiliate or Affiliated. With respect to any Person, (i) any Person directly or indirectly owning, controlling or holding, with the power to vote, ten percent (10%) 10.0% or more of the outstanding voting securities of such other Person; (ii) any Person ten percent (10%) 10.0% or more of whose outstanding voting securities are directly or indirectly owned, controlled or held, with the power to vote, by such other Person; (iii) any Person directly or indirectly controlling, controlled by or under common control with such other Person; (iv) any executive officer, director, trustee or general partner of such other Person; and (v) any legal entity for which such Person acts as an executive officer, director, trustee or general partner.

Appears in 25 contracts

Samples: Advisory Agreement (Jones Lang LaSalle Income Property Trust, Inc.), Advisory Agreement (RREEF Property Trust, Inc.), Advisory Agreement (RREEF America Property Income Trust, Inc.)

Affiliate or Affiliated. With respect As to any Person, (i) any Person directly or indirectly owning, controlling controlling, or holding, with the power to vote, ten percent (10%) % or more of the outstanding voting securities of such other Person; (ii) any Person ten percent (10%) % or more of whose outstanding voting securities are directly or indirectly owned, controlled controlled, or held, with the power to vote, by such other Person; (iii) any Person Person, directly or indirectly indirectly, controlling, controlled by by, or under common control with such other Person; (iv) any executive officer, director, trustee or general partner of such other Person; and (v) any legal entity for which such Person acts as an executive officer, director, trustee or general partner.

Appears in 19 contracts

Samples: And Restated Advisory Agreement (Carter Validus Mission Critical REIT II, Inc.), Advisory Agreement (AEI Core Property Income Trust, Inc), Third Amended and Restated Advisory Agreement (Carter Validus Mission Critical REIT, Inc.)

Affiliate or Affiliated. With respect As to any Person, (i) any Person directly or indirectly owning, controlling controlling, or holding, with the power to vote, ten percent (10%) % or more of the outstanding voting securities of such other Person; (ii) any Person ten percent (10%) % or more of whose outstanding voting securities are directly or indirectly owned, controlled controlled, or held, with the power to vote, by such other Person; (iii) any Person Person, directly or indirectly indirectly, controlling, controlled by by, or under common control with such other Person; (iv) any executive officer, director, trustee or general partner of such other Person; and (v) any legal entity for which such Person acts as an executive officer, director, trustee or general partner. Appraised Value. Value according to an appraisal made by an Independent Expert.

Appears in 13 contracts

Samples: Advisory Agreement (Cole Office & Industrial REIT (CCIT II), Inc.), Form of Advisory Agreement (Cole Corporate Income Trust, Inc.), Advisory Agreement (Cole Credit Property Trust Iv, Inc.)

Affiliate or Affiliated. With respect to any Person, (ia) any Person directly or indirectly owning, controlling or holding, with the power to vote, ten percent (10%) or more of the outstanding voting securities of such other Person; (iib) any Person ten percent (10%) or more of whose outstanding voting securities are directly or indirectly owned, controlled or held, with the power to vote, by such other Person; (iiic) any Person directly or indirectly controlling, controlled by or under common control with such other Person; (ivd) any executive officer, director, trustee or general partner of such other Person; and or (ve) any legal entity for which such Person acts as an executive officer, director, trustee or general partner.

Appears in 9 contracts

Samples: Advisory Agreement (CNL Properties Trust, Inc.), Advisory Agreement (Global Growth Trust, Inc.), Form of Advisory Agreement (CNL Healthcare Properties II, Inc.)

Affiliate or Affiliated. With respect As to any Person, (i) any Person directly or indirectly owning, controlling or holding, with the power to vote, ten percent (10%) % or more of the outstanding voting securities of such other Person; (ii) any Person ten percent (10%) % or more of whose outstanding voting securities are directly or indirectly owned, controlled or held, with the power to vote, by such other Person; (iii) any Person Person, directly or indirectly indirectly, controlling, controlled by by, or under common control with such other Person; (iv) any executive officer, director, trustee or general partner of such other Person; and (v) any legal entity for which such Person acts as an executive officer, director, trustee or general partner.

Appears in 8 contracts

Samples: Advisory Management Agreement (Adaptive Real Estate Income Trust, Inc.), Advisory Management Agreement (Behringer Harvard Multifamily Reit I Inc), Advisory Management Agreement (Behringer Harvard Multifamily Reit I Inc)

Affiliate or Affiliated. With respect to any Person, (i) any Person party directly or indirectly owning, controlling or holding, with holding the power to vote, ten percent (vote 10%) or % of more of the outstanding voting securities of such other Person; (ii) any Person ten percent (party 10%) % or more of whose outstanding voting securities are directly or indirectly owned, controlled or held, with the power to vote, by such other the Person; (iii) any Person party directly or indirectly controlling, controlled by or under common control with such other the Person; (iv) any executive officer, director, trustee or general partner of such other the Person; and or (v) any legal entity for which such the Person acts as an executive officer, director, trustee or general partner.

Appears in 7 contracts

Samples: Advisory Agreement (Sterling Real Estate Trust), Advisory Agreement (Sterling Real Estate Trust), Advisory Agreement (Sterling Real Estate Trust)

Affiliate or Affiliated. With respect to any Person, (i) any Person directly or indirectly owning, controlling or holding, with the power to vote, ten percent (10%) or more of the outstanding voting securities of such other Person; (ii) any Person ten percent (10%) or more of whose outstanding voting securities are directly or indirectly owned, controlled or held, with the power to vote, by such other Person; (iii) any Person directly or indirectly controlling, controlled by or under common control with such other Person; (iv) any executive officer, director, trustee or general partner of such other Person; and (v) any legal entity for which such Person acts as an executive officer, director, trustee or general partnerpartner of such other Person.

Appears in 6 contracts

Samples: Advisory Agreement (Moody National REIT II, Inc.), Advisory Agreement (Moody National REIT II, Inc.), Agreement and Plan of Merger (Moody National REIT I, Inc.)

Affiliate or Affiliated. With respect As to any Person, (i) any Person directly or indirectly owning, controlling controlling, or holding, with the power to vote, ten percent (10%) 10.0% or more of the outstanding voting securities of such other Person; (ii) any Person ten percent (10%) 10.0% or more of whose outstanding voting securities are directly or indirectly owned, controlled controlled, or held, with the power to vote, by such other Person; (iii) any Person Person, directly or indirectly indirectly, controlling, controlled by by, or under common control with such other Person; (iv) any executive officer, director, trustee or general partner of such other Person; and (v) any legal entity for which such Person acts as an executive officer, director, trustee or general partner.

Appears in 5 contracts

Samples: Second Amended And (Cole Real Estate Income Strategy (Daily Nav), Inc.), Advisory Agreement (Cole Real Estate Income Strategy (Daily Nav), Inc.), Advisory Agreement (Cole Real Estate Income Strategy (Daily Nav), Inc.)

Affiliate or Affiliated. With respect As to any Person, (i) any Person directly or indirectly owning, controlling controlling, or holding, with the power to vote, ten percent (10%) % or more of the outstanding voting securities of such other Person; (ii) any Person ten percent (10%) % or more of whose outstanding voting securities are directly or indirectly owned, controlled controlled, or held, with the power to vote, by such other Person; (iii) any Person Person, directly or indirectly indirectly, controlling, controlled by by, or under common control with such other Person; (iv) any executive officer, director, trustee or general partner of such other Person; and (v) any legal entity for which such Person acts as an executive officer, director, trustee or general partner. Appraised Value. Value according to an appraisal made by an Independent Appraiser.

Appears in 5 contracts

Samples: Advisory Agreement (Cole Credit Property Trust III, Inc.), Advisory Agreement (United Development Funding IV), Advisory Agreement (Cole Credit Property Trust III, Inc.)

Affiliate or Affiliated. With respect As to any Person, (i) any Person directly or indirectly owning, controlling controlling, or holding, with the power to vote, ten percent (10%) % or more of the outstanding voting securities of such the other Person; (ii) any Person ten percent (10%) % or more of whose outstanding voting securities are directly or indirectly owned, controlled controlled, or held, with the power to vote, by such the other Person; (iii) any Person Person, directly or indirectly indirectly, controlling, controlled by by, or under common control with such the other Person; (iv) any executive officer, director, trustee or general partner of such the other Person; and (v) any legal entity for which such the Person acts as an executive officer, director, trustee or general partner.

Appears in 4 contracts

Samples: Form of Advisory Management Agreement (Behringer Harvard REIT II, Inc.), Form of Advisory Management Agreement (Behringer Harvard REIT II, Inc.), Form of Advisory Management Agreement (Behringer Harvard REIT II, Inc.)

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Affiliate or Affiliated. With respect to any Person, (ia) any Person directly or indirectly owning, controlling controlling, or holding, with the power to vote, ten percent (10%) or more of the outstanding voting securities of such other Person; (iib) any Person ten percent (10%) or more of whose outstanding voting securities are directly or indirectly owned, controlled or held, with the power to vote, by such other Person; (iiic) any Person directly or indirectly controlling, controlled by or under common control with such other Person; (ivd) any executive officer, director, trustee or general partner of such other Person; and or (ve) any legal entity for which such Person acts as an executive officer, director, trustee or general partner.

Appears in 3 contracts

Samples: Advisory Agreement (Global Income Trust, Inc.), Advisory Agreement (Global Income Trust, Inc.), Advisory Agreement (Global Growth Trust, Inc.)

Affiliate or Affiliated. With respect to any Person, (i) any Person directly or indirectly owning, controlling or holding, with the power to vote, ten percent (10%) or more of the outstanding voting securities of such other Person; (ii) any Person ten percent (10%) or more of whose outstanding voting securities are directly or indirectly owned, controlled or held, with the power to vote, by such other Person; (iii) any Person directly or indirectly controlling, controlled by or under common control with such other Person; (iv) any executive officer, director, trustee or general partner of such other Person; and (v) any legal entity for which such Person acts as an executive officer, director, trustee or general partner.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Fidelity Property Income Trust), Investment Advisory Agreement (Fidelity Property Income Trust)

Affiliate or Affiliated. With respect As to any Person, (i) any Person directly or indirectly owning, controlling or holding, with the power to vote, ten percent (10%) % or more of the outstanding voting securities of such other Person; (ii) any Person ten percent (10%) % or more of whose outstanding voting securities are directly or indirectly owned, controlled or held, with the power to vote, by such other Person; (iii) any Person Person, directly or indirectly indirectly, controlling, controlled by by, or under common control with such other Person; (iv) any executive officer, director, trustee or general partner of such other Person; and (v) any legal entity for which such Person acts as an executive officer, director, trustee or general partner. For the avoidance of doubt, for the purposes of Article V of this Agreement, the Company, the Operating Partnership and their respective subsidiaries shall not be considered Affiliates of the Advisor and vice versa.

Appears in 2 contracts

Samples: Registration Rights Agreement (Behringer Harvard Multifamily Reit I Inc), Advisory Management Agreement (Behringer Harvard Multifamily Reit I Inc)

Affiliate or Affiliated. With respect to any Person, (i) any Person directly or indirectly owning, controlling or holding, with the power to vote, ten percent (10%) or more of the outstanding voting securities of such other Person; (ii) any Person ten percent (10%) or more of whose outstanding voting securities are directly or indirectly owned, controlled or held, with the power to vote, by such other Person; (iii) any Person directly or indirectly controlling, controlled by or under common control with such other Person; (iv) any executive officer, directorTrustee, trustee or general partner of such other Person; and (v) any legal entity for which such Person acts as an executive officer, directorTrustee, trustee or general partner.

Appears in 1 contract

Samples: Advisory Agreement (Industrial Property Trust)

Affiliate or Affiliated. With respect to any Person, An Affiliate of another Person includes only the following: (i) any Person directly or indirectly owning, controlling controlling, or holding, holding with the power to vote, vote ten percent (1010.0%) or more of the outstanding voting securities of such other Person; (ii) any Person ten percent (1010.0%) or more of whose outstanding voting securities are directly or indirectly owned, controlled controlled, or held, with the power to vote, by such other Person; (iii) any Person directly or indirectly controlling, controlled by by, or under common control with such other Person; (iv) any executive officer, director, trustee trustee, or general partner of such other Person; and (v) any legal entity for which such Person acts as an executive officer, director, trustee trustee, or general partner.

Appears in 1 contract

Samples: Management Advisory Agreement (Lexicon United Inc)

Affiliate or Affiliated. With respect As to any Person, (i) any Person directly or indirectly owning, controlling controlling, or holding, with the power to vote, ten percent (10%) % or more of the outstanding voting securities of such other Person; Person; (ii) any Person ten percent (10%) % or more of whose outstanding voting securities are directly or indirectly owned, controlled controlled, or held, with the power to vote, by such other Person; Person; (iii) any Person Person, directly or indirectly indirectly, controlling, controlled by by, or under common control with such other Person; Person; (iv) any executive officer, director, trustee or general partner of such other Person; Person; and (v) any legal entity for which such Person acts as an executive officer, director, trustee or general partner.

Appears in 1 contract

Samples: Fourth Amended and Restated Advisory Agreement (Carter Validus Mission Critical REIT II, Inc.)

Affiliate or Affiliated. With respect to any Person, (i) any Person directly or indirectly owning, controlling or holding, with the power to vote, ten percent (1010.0%) or more of the outstanding voting securities of such other Person; (ii) any Person ten percent (1010.0%) or more of whose outstanding voting securities are directly or indirectly owned, controlled or held, with the power to vote, by such other Person; (iii) any Person directly or indirectly controlling, controlled by or under common control with such other Person; (iv) any executive officer, director, trustee or general partner of such other Person; and (v) any legal entity for which such Person acts as an executive officer, director, trustee or general partner.

Appears in 1 contract

Samples: Advisory Agreement (Prime Realty Income Trust, Inc.)

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