Common use of Affiliate or Affiliated Clause in Contracts

Affiliate or Affiliated. An Affiliate of another Person includes only the following: (i) any Person directly or indirectly owning, controlling, or holding with the power to vote ten percent (10.0%) or more of the outstanding voting securities of such other Person; (ii) any Person ten percent (10.0%) or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held, with 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. An entity shall not be deemed to control or be under common control with an Advisor-sponsored program unless (i) the entity owns ten percent (10.0%) or more of the voting equity interests of such program or (ii) a majority of the board of directors (or equivalent governing body) of such program is comprised of Affiliates of the entity.

Appears in 17 contracts

Samples: Advisory Agreement (Grubb & Ellis Healthcare REIT II, Inc.), Advisory Agreement (Griffin-American Healthcare REIT IV, Inc.), Form of Advisory Agreement (Grubb & Ellis Healthcare REIT II, Inc.)

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Affiliate or Affiliated. An Affiliate of another Person includes only the following: (i) any Person directly or indirectly owning, controlling, or holding with the power to vote ten percent (10.010%) or more of the outstanding voting securities of such other Person; (ii) any Person ten percent (10.010%) or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held, with 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. An entity shall not be deemed to control or be under common control with an Advisor-sponsored program unless (i) the entity owns ten percent (10.010%) or more of the voting equity interests of such program or (ii) a majority of the board of directors (or equivalent governing body) of such program is comprised of Affiliates of the entity.

Appears in 5 contracts

Samples: Advisory Agreement (REITPlus, Inc.), Form of Advisory Agreement (REITPlus, Inc.), Form of Advisory Agreement (REITPlus, Inc.)

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Affiliate or Affiliated. An Affiliate of another Person includes only the following: (i) any Person directly or indirectly controlling, controlled by, or under common control with such other Person; (ii) any Person directly or indirectly owning, controlling, or holding with the power to vote ten percent (10.0%) 10% or more of the outstanding voting securities of such other Person; (iiiii) any legal entity for which such Person acts as an executive officer, director, trustee, trust manager, or general partner; (iv) any Person ten percent (10.0%) 10% or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held, with power to vote, by such other Person; and (iii) any Person directly or indirectly controlling, controlled by, or under common control with such other Person; (ivv) any executive officer, director, trustee, trust manager, 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. An entity shall not be deemed to control or be under common control with an Advisor-sponsored program unless (i) the entity owns ten percent (10.0%) 10% or more of the voting equity interests of such program or (ii) a majority of the board of directors (or equivalent governing body) of such program is comprised of Affiliates of the entity. Appraised Value. Value according to an appraisal made by an Independent Appraiser.

Appears in 1 contract

Samples: Advisory Agreement (Hartman Commercial Properties Reit)

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