Common use of ASSIGNMENT TO AN AFFILIATE Clause in Contracts

ASSIGNMENT TO AN AFFILIATE. This Agreement may be assigned by the Advisor to an Affiliate with the approval of a majority of the Directors (including a majority of the Independent Directors). The Advisor may assign any rights to receive fees or other payments under this Agreement without obtaining the approval of the Directors. This Agreement shall not be assigned by the Company without the consent of the Advisor, except in the case of an assignment by the Company to a corporation or other organization which is a successor to all of the assets, rights and obligations of the Company, in which case such successor organization shall be bound hereunder and by the terms of said assignment in the same manner as the Company is bound by this Agreement.

Appears in 74 contracts

Samples: Advisory Agreement (Orange REIT, Inc.), Advisory Agreement (Orange Hospitality, INC), Advisory Agreement (CNL Lifestyle Properties Inc)

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ASSIGNMENT TO AN AFFILIATE. This Agreement may be assigned by the Advisor to an Affiliate of the Advisor with the approval of a majority of the Directors Board (including a majority of the Independent Directors). The Advisor may assign any rights to receive fees or other payments under this Agreement without obtaining the approval of the DirectorsBoard. This Agreement shall not be assigned by the Company without the consent of the Advisor, except in the case of an assignment by the Company to a corporation or other organization which is a successor to all of the assets, rights and obligations of the Company, in which case such successor organization shall be bound hereunder and by the terms of said assignment in the same manner as the Company is bound by this Agreement. This Agreement shall be binding on successors to the Company resulting from a Change of Control or sale of all or substantially all the assets of the Company or the Partnership, and shall likewise be binding upon any successor to the Advisor.

Appears in 45 contracts

Samples: Advisory Agreement (Cole Office & Industrial REIT (CCIT III), Inc.), Advisory Agreement (Cole Office & Industrial REIT (CCIT III), Inc.), Registration Rights Agreement (Behringer Harvard Reit I Inc)

ASSIGNMENT TO AN AFFILIATE. This Agreement may be assigned by the Advisor to an Affiliate with the approval of a majority of the Directors (Board, including a majority of the Independent Directors). The Advisor may assign any rights to receive fees or other payments under this Agreement without obtaining the approval of the DirectorsBoard. This Agreement shall not be assigned by the Company or the Partnership without the consent of the Advisor, except in the case of an assignment by the Company or the Partnership to a corporation or other organization which is a successor to all of the assets, rights and obligations of the CompanyCompany or the Partnership, as the case may be, in which case such successor organization shall be bound hereunder and by the terms of said assignment in the same manner as the Company and the Partnership is bound by this Agreement.

Appears in 11 contracts

Samples: Amended and Restated Advisory Agreement (Wells Timberland REIT, Inc.), Amended and Restated Advisory Agreement (Wells Timberland REIT, Inc.), Advisory Agreement (Wells Timberland REIT, Inc.)

ASSIGNMENT TO AN AFFILIATE. This Agreement may be assigned by the Advisor to an Affiliate with the approval of a majority of the Directors Board (including a majority of the Independent DirectorsTrustees). The Advisor may assign any rights to receive fees or other payments under this Agreement without obtaining the approval of the DirectorsBoard. This Agreement shall not be assigned by the Company without the consent of the Advisor, except in the case of an assignment by the Company to a corporation or other organization which is a successor to all of the assets, rights and obligations of the Company, in which case such successor organization shall be bound hereunder and by the terms of said assignment in the same manner as the Company is bound by this Agreement.

Appears in 7 contracts

Samples: Advisory Agreement (Cb Richard Ellis Realty Trust), Advisory Agreement (Cb Richard Ellis Realty Trust), Advisory Agreement (Cb Richard Ellis Realty Trust)

ASSIGNMENT TO AN AFFILIATE. This Agreement may be assigned by the Advisor to an Affiliate with the approval of a majority of the Directors (including a majority of the Independent Directors). The Advisor may assign any rights to receive fees or other payments under this Advisory Agreement without obtaining the approval of the Directors. This Agreement shall not be assigned by the Company without the consent of the Advisor, except in the case of an assignment by the Company to a corporation or other organization which is a successor to all of the assets, rights and obligations of the Company, in which case such successor organization shall be bound hereunder and by the terms of said assignment in the same manner as the Company is bound by this Advisory Agreement.

Appears in 6 contracts

Samples: Advisory Agreement (Strategic Storage Trust, Inc.), Advisory Agreement (Strategic Storage Trust, Inc.), Advisory Agreement (Strategic Storage Trust, Inc.)

ASSIGNMENT TO AN AFFILIATE. This Agreement may be assigned by the Advisor to an Affiliate with the approval of a majority of the Directors (including a majority of the Independent Directors). The Advisor may assign any rights to receive fees or other payments under this Agreement to any Person without obtaining the approval of the Directors. This Agreement shall not be assigned by the Company without the consent of the Advisor, except in the case of an assignment by the Company to a corporation or other organization Person which is a successor to all of the assets, rights and obligations of the Company, in which case such successor organization Person shall be bound hereunder and by the terms of said assignment in the same manner as the Company is bound by this Agreement.

Appears in 4 contracts

Samples: Advisory Agreement (Lightstone Real Estate Income Trust Inc.), Advisory Agreement (Roosevelt Mutual High Income Fund Inc.), Advisory Agreement (Lightstone Real Estate Income Trust Inc.)

ASSIGNMENT TO AN AFFILIATE. This Agreement may be assigned by the Advisor to an a Permitted Affiliate with the approval of a majority of the Directors (including a majority of the Independent Directors). The Advisor may assign any rights to receive fees or other payments under this Agreement without obtaining the approval of the Directors. This Agreement shall not be assigned by the Company without the consent of the Advisor, except in the case of an assignment by the Company to a corporation or other organization which is a successor to all of the assets, rights and obligations of the Company, in which case such successor organization shall be bound hereunder and by the terms of said assignment in the same manner as the Company is bound by this Agreement.

Appears in 4 contracts

Samples: Advisory Agreement (Dividend Capital Trust Inc), Advisory Agreement (Dividend Capital Trust Inc), Advisory Agreement (Dividend Capital Trust Inc)

ASSIGNMENT TO AN AFFILIATE. This Advisory Agreement may be assigned by the Advisor to an Affiliate with the approval of a majority of the Directors (including a majority of the Independent Directors). The Advisor may assign any rights to receive fees or other payments under this Advisory Agreement without obtaining the approval of the Directors. This Advisory Agreement shall not be assigned by the Company without the consent of the Advisor, except in the case of an assignment by the Company to a corporation or other organization which is a successor to all of the assetsAssets, rights and obligations of the Company, in which case such successor organization shall be bound hereunder and by the terms of said assignment in the same manner as the Company is bound by this Advisory Agreement.

Appears in 4 contracts

Samples: Advisory Agreement (Gc Net Lease Reit, Inc.), Advisory Agreement (Gc Net Lease Reit, Inc.), Advisory Agreement (Gc Net Lease Reit, Inc.)

ASSIGNMENT TO AN AFFILIATE. This Agreement may be assigned by the -------------------------- Advisor to an Affiliate with the approval of a majority of the Directors Board (including a majority of the Independent Directors). The Advisor may assign any rights to receive fees or other payments under this Agreement without obtaining the approval of the DirectorsBoard. This Agreement shall not be assigned by the Company without the consent of the Advisor, except in the case of an assignment by the Company to a corporation or other organization which is a successor to all of the assets, rights and obligations of the Company, in which case such successor organization shall be bound hereunder and by the terms of said assignment in the same manner as the Company is bound by this Agreement.

Appears in 3 contracts

Samples: Advisory Agreement (Wells Real Estate Investment Trust Inc), Advisory Agreement (Wells Real Estate Investment Trust Inc), Advisory Agreement (Wells Real Estate Investment Trust Inc)

ASSIGNMENT TO AN AFFILIATE. This Agreement may be assigned by the Advisor to an Affiliate with the approval of a majority of the Board of Directors (including a majority of the Independent Directors). The Advisor may assign any rights to receive fees or other payments under this Agreement without obtaining the approval of the Board of Directors. This Agreement shall not be assigned by the Company Corporation without the consent of the Advisor, except in the case of an assignment by the Company Corporation to a corporation or other organization which is a successor to all of the assets, rights and obligations of the CompanyCorporation, in which case such successor organization shall be bound hereunder and by the terms of said assignment in the same manner as the Company Corporation is bound by this Agreement.

Appears in 3 contracts

Samples: Advisory Agreement (HappyNest REIT, Inc.), Advisory Agreement (HappyNest REIT, Inc.), Advisory Agreement (HappyNest REIT, Inc.)

ASSIGNMENT TO AN AFFILIATE. This Agreement may be assigned by the Advisor to an Affiliate of the Advisor with the approval of a majority of the Board of Directors (including a majority of the Independent Directors). The Advisor may assign any rights to receive fees or other payments under this Agreement without obtaining the approval of the Board of Directors. This Agreement shall not be assigned by the Company without the consent of the Advisor, except in the case of an assignment by the Company to a corporation or other organization which is a successor to all of the assets, rights and obligations of the Company, in which case such successor organization shall be bound hereunder and by the terms of said assignment in the same manner as the Company is bound by this Agreement.

Appears in 3 contracts

Samples: Advisory Agreement (Behringer Harvard Reit I Inc), Advisory Agreement (Behringer Harvard Reit I Inc), Advisory Agreement (Behringer Harvard Reit I I Inc)

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ASSIGNMENT TO AN AFFILIATE. This Agreement may be assigned by the Advisor to an Affiliate with the approval of a majority of the Directors Board (including a majority of the Independent Directors). The Advisor may assign any rights to receive fees or other payments under this Agreement without obtaining the approval of the DirectorsBoard. This Agreement shall not be assigned by the Company without the consent of the Advisor, except in the case of an assignment by the Company to a corporation or other organization which is a successor to all of the assets, rights and obligations of the Company, in which case such successor organization shall be bound hereunder and by the terms of said assignment in the same manner as the Company is bound by this Agreement.

Appears in 2 contracts

Samples: Advisory Agreement (Wells Real Estate Investment Trust Inc), Form of Advisory Agreement (Wells Real Estate Investment Trust Iii Inc)

ASSIGNMENT TO AN AFFILIATE. This Agreement may be assigned by the Advisor to an Affiliate with the prior written approval of a majority of the Directors (including a majority of the Independent Directors). The Advisor may assign any rights to receive fees or other payments under this Agreement without obtaining the approval of the Directors. This Agreement shall will not be assigned by the Company without the consent of the Advisor, except in the case of an assignment by the Company to a corporation or other organization which is a successor to all of the assets, rights and obligations of the Company, in which case such successor organization shall will be bound hereunder and by the terms of said assignment in the same manner as the Company is bound by this Agreement.

Appears in 2 contracts

Samples: Advisory Agreement (Wellbrook Properties, Inc.), Advisory Agreement (Wellbrook Properties, Inc.)

ASSIGNMENT TO AN AFFILIATE. This Agreement may be assigned by the Advisor to an Affiliate with the approval of a majority of the Directors (including a majority of the Independent Directors)Directors Committee. The Advisor may assign any rights to receive fees or other payments under this Agreement without obtaining the approval of the Directors. This Agreement shall not be assigned by the Company without the consent of the Advisor, except in the case of an assignment by the Company to a corporation or other organization which is a successor to all of the assets, rights and obligations of the Company, in which case such successor organization shall be bound hereunder and by the terms of said assignment in the same manner as the Company is bound by this Agreement.

Appears in 2 contracts

Samples: Advisory Agreement (Cornerstone Growth & Income REIT, Inc.), Advisory Agreement (Cornerstone Growth & Income REIT, Inc.)

ASSIGNMENT TO AN AFFILIATE. This Agreement may be assigned by the Advisor to an Affiliate of the Advisor with the approval of a majority of the Directors Board (including a majority of the Independent Directors). The Advisor may assign any rights to receive fees or other payments under this Agreement without obtaining the approval of the DirectorsBoard. This Agreement shall not be assigned by the Company without the consent of the Advisor, except in the case of an assignment by the Company to a corporation or other organization which is a successor to all of the assets, rights and obligations of the Company, in which case such successor organization shall be bound hereunder and by the terms of said assignment in the same manner as the Company is bound by this Agreement.

Appears in 1 contract

Samples: Advisory Agreement (BRIX REIT, Inc.)

ASSIGNMENT TO AN AFFILIATE. This Agreement may be assigned by the Advisor to an Affiliate with the approval of a majority of the Directors Trust Managers (including a majority of the Independent DirectorsTrust Managers). The Advisor may assign any rights to receive fees or other payments under this Agreement without obtaining the approval of the DirectorsTrust Managers. This Agreement shall not be assigned by the Company without the consent of the Advisor, except in the case of an assignment by the Company to a corporation or other organization which is a successor to all of the assets, rights and obligations of the Company, in which case such successor organization shall be bound hereunder and by the terms of said assignment in the same manner as the Company is bound by this Agreement.

Appears in 1 contract

Samples: And Restated Advisory Agreement (Rich Uncles Real Estate Investment Trust I)

ASSIGNMENT TO AN AFFILIATE. This Agreement may be assigned by the Advisor Administrator to an Affiliate with the prior written approval of a majority of the Directors (including a majority of the Independent Directors). The Advisor Administrator may assign any rights to receive fees or other payments under this Agreement without obtaining the approval of the Directors. This Agreement shall will not be assigned by the Company without the consent of the AdvisorAdministrator, except in the case of an assignment by the Company to a corporation or other organization which is a successor to all of the assets, rights and obligations of the Company, in which case such successor organization shall will be bound hereunder and by the terms of said assignment in the same manner as the Company is bound by this Agreement.

Appears in 1 contract

Samples: Administrative Services Agreement (Lanier Capital REIT, Inc.)

ASSIGNMENT TO AN AFFILIATE. This Agreement may be assigned by the Advisor to an Affiliate with the approval of a majority of the Board of Directors (including a majority of the Independent Directors). The Advisor may assign any rights to receive fees or other payments under this Agreement without obtaining the approval of the Board of Directors. This Agreement shall not be assigned by the Company without the consent of the Advisor, except in the case of an assignment by the Company to a corporation or other organization which is a successor to all of the assets, rights and obligations of the Company, in which case such successor organization shall be bound hereunder and by the terms of said assignment in the same manner as the Company is bound by this Agreement.

Appears in 1 contract

Samples: Advisory Agreement (Behringer Harvard Real Estate Investment Trust I Inc)

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