Common use of Certain Conflicts of Interest Clause in Contracts

Certain Conflicts of Interest. Except as may be provided herein or as otherwise addressed by the Company’s conflicts of interest policies, the Company may not engage in any transaction involving a Conflict of Interest without first submitting such transaction to the Independent Representative for approval to determine whether such transaction is fair and reasonable to the Company and the Members; provided, however, that the Company may not purchase investments from Fundrise Lending, LLC, or its Affiliates without a determination by the Independent Representative that such transaction is fair and reasonable to the Company and at a price to the Company that is not materially greater than the cost of the asset to Fundrise Lending, LLC, or its Affiliate, as applicable. The resolution of any Conflict of Interest approved by the Independent Representative shall be conclusively deemed to be fair and reasonable to the Company and the Members and not a breach of any duty hereunder at law, in equity or otherwise. Notwithstanding the above, to the extent required by applicable law, any transaction involving certain Conflicts of Interest shall be subject to review and approval by the Independent Representative.

Appears in 50 contracts

Samples: Operating Agreement (Fundrise eREIT XIV, LLC), Operating Agreement (Fundrise Income eREIT 2019, LLC), Operating Agreement (Fundrise East Coast Opportunistic REIT, LLC)

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Certain Conflicts of Interest. Except as may be provided herein or as otherwise addressed by the Company’s COMPANY'S conflicts of interest policies, the Company COMPANY may not engage in any transaction involving a Conflict conflict of Interest interest without first submitting such transaction to the Independent Representative for approval to determine whether such transaction is fair and reasonable to the Company COMPANY and the MembersShareholders; provided, however, that the Company COMPANY may not purchase investments from Fundrise Lending, LLC, or its Affiliates AFFILIATES without a determination by the Independent Representative that such transaction is fair and reasonable to the Company COMPANY and at a price to the Company COMPANY that is not materially greater than the cost of the asset to Fundrise Lending, LLC, or its AffiliateAFFILIATE, as applicable. The resolution of any Conflict conflict of Interest interest approved by the Independent Representative shall be conclusively deemed to be fair and reasonable to the Company COMPANY and the Members Shareholders and not a breach of any duty hereunder at law, in equity or otherwise. Notwithstanding the above, to the extent required by applicable law, any transaction involving certain Conflicts of Interest interest shall be subject to review and approval by the Independent Representative.

Appears in 9 contracts

Samples: Operating Agreement (Century West Multifamily Income Reit, LLC), Operating Agreement (Lm Capital Real Estate Investment Trust, LLC), Operating Agreement (Century West Multifamily Income Reit, LLC)

Certain Conflicts of Interest. Except as may be provided herein or as otherwise addressed by the Company’s conflicts of interest policies, the Company may not engage in any transaction involving a Conflict of Interest without first submitting such transaction to the Independent Representative Manager for approval to determine whether such transaction is fair and reasonable to the Company and the Members; provided, however, that the Company may not purchase investments from Fundrise LendingBuilding Bits Holdings, LLC, or its Affiliates without a determination by the Independent Representative Manager that such transaction is fair and reasonable to the Company and at a price to the Company that is not materially greater than the cost of the asset to Fundrise LendingBuilding Bits Holdings, LLC, or its Affiliate, as applicable. The resolution of any Conflict of Interest approved by the Independent Representative Manager shall be conclusively deemed to be fair and reasonable to the Company and the Members and not a breach of any duty hereunder at law, in equity or otherwise. Notwithstanding the above, to the extent required by applicable law, any transaction involving certain Conflicts of Interest shall be subject to review and approval by the Independent RepresentativeManager.

Appears in 3 contracts

Samples: Operating Agreement (Building Bits Properties I, LLC), Operating Agreement (Building Bits Properties I, LLC), Operating Agreement (Building Bits Properties I, LLC)

Certain Conflicts of Interest. Except as may be provided herein or as otherwise addressed by the Company’s conflicts of interest policies, the Company may not engage in any transaction involving a Conflict of Interest without first submitting such transaction to the Independent Representative for approval to determine whether such transaction is fair and reasonable to the Company and the Members; provided, however, that the Company may not purchase investments from Fundrise Lending, LLC, or its Affiliates engage in a transaction that is deemed to be a “Principal Transaction” without a determination by the Independent Representative that such transaction is fair and reasonable to the Company and at a price to the Company that is not materially greater than the cost of the asset to Fundrise Lending, LLC, or its Affiliate, as applicablethe affiliated counterparty. The resolution of any Conflict of Interest approved by the Independent Representative shall be conclusively deemed to be fair and reasonable to the Company and the Members and not a breach of any duty hereunder at law, in equity or otherwise. Notwithstanding the above, to the extent required by applicable law, any transaction involving certain Conflicts of Interest shall be subject to review and approval by the Independent Representative.

Appears in 2 contracts

Samples: Operating Agreement (Platform Ventures Diversified Housing REIT, LLC), Operating Agreement (Platform Ventures Diversified Housing REIT, LLC)

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Certain Conflicts of Interest. Except as may be provided herein or as otherwise addressed by the Company’s conflicts of interest policies, the Company may not engage in any transaction involving a Conflict of Interest without first submitting such transaction to the Independent Representative for approval to determine whether such transaction is fair and reasonable to the Company and the Members; provided, however, that the Company may not purchase investments from Fundrise LendingLegacyhub Capital, LLC, or its Affiliates without a determination by the Independent Representative that such transaction is fair and reasonable to the Company and at a price to the Company that is not materially greater than the cost of the asset to Fundrise LendingLegacyhub Capital, LLC, or its Affiliate, as applicable. The resolution of any Conflict of Interest approved by the Independent Representative shall be conclusively deemed to be fair and reasonable to the Company and the Members and not a breach of any duty hereunder at law, in equity or otherwise. Notwithstanding the above, to the extent required by applicable law, any transaction involving certain Conflicts of Interest shall be subject to review and approval by the Independent Representative.

Appears in 1 contract

Samples: Operating Agreement (Legacyhub Multifamily Reit I, LLC)

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