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 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 10% or more of the outstanding voting securities of such other Person; (iii) any legal entity for which such Person acts as an executive officer, director, trustee, or general partner; (iv) any Person 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 (v) any executive officer, director, trustee, or general partner of such other Person. An entity shall not be deemed to control or be under common control with an Advisor-sponsored program unless (i) the entity owns 10% or more of the voting equity interests of such program or (ii) a majority of the board (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 6 contracts

Samples: Advisory Agreement (Wells Real Estate Investment Trust Ii Inc), Form of Advisory Agreement (Wells Real Estate Investment Trust Ii Inc), Advisory Agreement (Wells Real Estate Investment Trust Ii 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 10% or more of the outstanding voting securities of such other Person; (iii) any legal entity for which such Person acts as an executive officer, director, trustee, or general partner; (iv) any Person 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 (v) any executive officer, director, trustee, or general partner of such other Person. An entity shall not be deemed to control or be under common control with an Advisor-sponsored program unless (i) the entity owns 10% or more of the voting equity interests of such program or (ii) a majority of the board (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 3 contracts

Samples: Transition Services Agreement (Columbia Property Trust, Inc.), Initial Term Advisory Agreement (Wells Real Estate Investment Trust Ii Inc), Renewal Advisory Agreement (Columbia Property Trust, Inc.)

Affiliate or Affiliated. An Affiliate of another Person person includes only the following: (i) any Person person directly or indirectly controlling, controlled by, or under common control with such other Personperson; (ii) any Person person directly or indirectly owning, controlling, controlling or holding with the power to vote 10% or more of the outstanding voting securities of such other Personperson; (iii) any legal entity for which such Person person acts as an executive officer, director, trustee, trustee or general partner; (iv) any Person person 10% or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held, with power to vote, by such other Personperson; and (v) any executive officer, director, trustee, trustee or general partner of such other Personperson. An entity shall not be deemed to control or be under common control with an Advisoradvisor-sponsored program unless (ia) the entity owns 10% or more of the voting equity interests of such program or (iib) a majority of the board (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 2 contracts

Samples: Transition Services Agreement (Signature Office Reit Inc), Transition Services Agreement (Wells Core Office Income Reit Inc)

Affiliate or Affiliated. An Affiliate of another Person person includes only the following: (i) any Person person directly or indirectly controlling, controlled by, or under common control with such other Personperson; (ii) any Person person directly or indirectly owning, controlling, controlling or holding with the power to vote 10% or more of the outstanding voting securities of such other Personperson; (iii) any legal entity for which such Person person acts as an executive officer, director, trustee, trustee or general partner; , (iv) any Person person 10% or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held, with power to vote, by such other Personperson; and (v) any executive officer, director, trustee, trustee or general partner of such other Personperson. An entity shall not be deemed to control or be under common control with an Advisoradvisor-sponsored program unless (i) the entity owns 10% or more of the voting equity interests of such program or (ii) a majority of the board (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 2 contracts

Samples: Transition Services Agreement (CatchMark Timber Trust, Inc.), Transition Services Agreement (CatchMark Timber Trust, 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 10% or more of the outstanding voting securities of such other Person; (iii) any legal entity for which such Person acts as an executive officer, director, trustee, or general partner; (iv) any Person 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 (v) any executive officer, director, trustee, or general partner of such other Person. An entity shall not be deemed to control or be under common control with an Advisora Xxxxx REF-sponsored program unless (i) the entity owns 10% or more of the voting equity interests of such program or (ii) a majority of the board (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: Investor Services Agreement (Wells Real Estate Investment Trust Ii Inc)

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 10% or more of the outstanding voting securities of such other Person; (iii) any legal entity for which such Person acts as an executive officer, director, trustee, or general partner; , (iv) any Person 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 (v) any executive officer, director, trustee, or general partner of such other Person. An entity shall not be deemed to control or be under common control with an Advisor-sponsored program unless (i) the entity owns 10% or more of the voting equity interests of such program or (ii) a majority of the board (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 (Wells Timber Real Estate Investment Trust, Inc.)

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