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. Annual Total Return Percentage. The overall non-compounded investment return provided to Unitholders, expressed as a percentage, for any calendar year (or such other applicable period), which shall be equal to the ratio of: (i) the amount, if any, by which (A) the sum of (1) the Weighted-Average Distributions per Unit over the applicable period, and (2) the Ending VPU, exceeds (B) the Beginning VPU, divided by (ii) the Beginning VPU.

Appears in 4 contracts

Samples: Advisory Agreement (Dividend Capital Diversified Property Fund Inc.), Advisory Agreement (Dividend Capital Diversified Property Fund Inc.), Advisory Agreement (Dividend Capital Diversified Property Fund Inc.)

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