Eakin & Smith Acquisition Sample Clauses

Eakin & Smith Acquisition. Notwithstanding anything in this Agreement to the contrary, (i) the General Partner may issue REIT Shares to the shareholders of Eakin & Smith, Inc. (“Eakin & Smith”) as consideration for the merger of Eakin & Smith’s brokerage and property management business into a wholly owned subsidiary of the Company (the “Merger”) and shall not be required to contribute the business and assets acquired in the Merger to the Partnership, except as the General Partner shall decide from time to time in its sole discretion and (ii) the General Partner may hold directly or through a wholly owned subsidiary the assets acquired in the Merger and such additional assets as necessary in the ordinary conduct of the business acquired in the Merger.