Exclusion of Certain Transactions. (i) If the Company or the Operating Partnership shall propose to enter into any transaction in which the Advisor, any Affiliate of the Advisor or any of the Advisor’s directors or officers has a direct or indirect interest, then such transaction shall be approved by a majority of the Board not otherwise interested in such transaction, including a majority of the Independent Directors.
Appears in 54 contracts
Samples: Advisory Agreement (American Realty Capital Healthcare Trust II, Inc.), Advisory Agreement (American Realty Capital Trust II, Inc.), Advisory Agreement (American Realty Capital Global Daily Net Asset Value Trust, Inc.)
Exclusion of Certain Transactions. (i) If In the event the Company or the Operating Partnership shall propose to enter into any transaction in which the Advisor, any Affiliate of the Advisor or any of the Advisor’s directors or officers has a direct or indirect interest, then such transaction shall be approved by a majority of the members of the Board not otherwise interested in such transaction, including a majority of the Independent Directors.
Appears in 17 contracts
Samples: Advisory Agreement (TNP Strategic Retail Trust, Inc.), Advisory Agreement (Bluerock Enhanced Multifamily Trust, Inc.), Advisory Agreement (TNP Strategic Retail Trust, Inc.)
Exclusion of Certain Transactions. (i) If the Company or the Operating Partnership shall propose to enter enters into any transaction in which the Advisor, any Affiliate of the Advisor or any of the Advisor’s directors or officers has a direct or indirect interest, then such transaction shall be approved by a majority of the Board not otherwise interested in such transaction, including a majority of the Independent Directors.
Appears in 9 contracts
Samples: Advisory Agreement (American Realty Capital New York City REIT II, Inc.), Advisory Agreement (American Realty Capital Global Trust II, Inc.), Advisory Agreement (American Realty Capital Healthcare Trust III, Inc.)
Exclusion of Certain Transactions. (i) If the any Company or the Operating Partnership Entity shall propose to enter into any transaction in which the AdvisorManager, any Affiliate of the Advisor Manager or any of the AdvisorManager’s directors or officers has a direct or indirect interest, then such transaction shall be approved by a majority of the Board not otherwise interested in such transaction, including a majority of the Independent Directors.
Appears in 8 contracts
Samples: Management Agreement (Preferred Apartment Communities Inc), Management Agreement (Preferred Apartment Communities Inc), Management Agreement (Preferred Apartment Communities Inc)
Exclusion of Certain Transactions. (iA) If the Company or the Operating Partnership shall propose to enter into any transaction in which the Advisor, any Affiliate of the Advisor or any of the Advisor’s directors or officers has a direct or indirect interest, then such transaction shall be approved by a majority of the Board not otherwise interested in such transactiondisinterested Directors, including a majority of the disinterested Independent Directors.
Appears in 6 contracts
Samples: Advisory Agreement (American Realty Capital - Retail Centers of America, Inc.), Form of Advisory Agreement (American Realty Capital - Retail Centers of America, Inc.), Form of Advisory Agreement (American Realty Capital - Retail Centers of America, Inc.)
Exclusion of Certain Transactions. (i) If the Company or the Operating Partnership shall propose to enter into any transaction in which the AdvisorAdvisor or Sub-advisor, any Affiliate of the Advisor or Sub-advisor or any of the Advisor’s or Sub-advisor’s directors or officers has a direct or indirect interest, then such transaction shall be approved by a majority of the Board not otherwise interested in such transaction, including a majority of the Independent Directors.
Appears in 5 contracts
Samples: Form of Advisory Agreement (Phillips Edison - ARC Grocery Center REIT II, Inc.), Advisory Agreement (Phillips Edison Grocery Center Reit Ii, Inc.), Advisory Agreement (Phillips Edison - ARC Grocery Center REIT II, Inc.)
Exclusion of Certain Transactions. (i) If the Company or the Operating Partnership shall propose to enter into any transaction in which the Advisor, any Affiliate of the Advisor or any of the Advisor’s directors or officers Affiliate thereof has a direct or indirect interest, then such transaction shall be approved by a majority of the Board not otherwise interested in such transaction, (including a majority of the Independent Directors) not otherwise interested in such transaction as fair and reasonable to the Company and on terms and conditions not less favorable to the Company than those available from unaffiliated third parties.
Appears in 5 contracts
Samples: Fourth Amended And (American Realty Capital New York Recovery Reit Inc), Advisory Agreement (American Realty Capital New York Recovery Reit Inc), Advisory Agreement (New York REIT, Inc.)
Exclusion of Certain Transactions. (i) If In the event the Company or the Operating Partnership shall propose to enter into any transaction in which the Advisor, any Affiliate of the Advisor or any of the Advisor’s directors or officers has a direct or indirect interest, then such transaction shall be approved by a majority of the Board not otherwise interested in such transaction, including a majority of the Independent Directors.
Appears in 5 contracts
Samples: Advisory Agreement (Empire American Realty Trust Inc), Advisory Agreement (Independence Realty Trust, Inc), Advisory Agreement (Empire American Realty Trust Inc)
Exclusion of Certain Transactions. (i) If the Company or the Operating Partnership shall propose to enter into any transaction in which the Advisor, any Affiliate of the Advisor or any of the Advisor’s directors or officers has a direct or indirect interest, then such transaction shall be approved by a majority of the Board not otherwise interested in such transaction, including a majority of the Independent Directors.
Appears in 3 contracts
Samples: Advisory Agreement (American Realty Capital New York Recovery Reit Inc), Advisory Agreement (American Realty Capital New York Recovery Reit Inc), Advisory Agreement (American Realty Capital New York Recovery Reit Inc)
Exclusion of Certain Transactions. (i) i. If the Company or the Operating Partnership shall propose to enter into any transaction in which the Advisor, any Affiliate of the Advisor or any of the Advisor’s directors or officers has a direct or indirect interest, then such transaction shall be approved by a majority of the Board not otherwise interested in such transaction, including a majority of the Independent Directors.
Appears in 3 contracts
Samples: Advisory Agreement (ARC Realty Finance Trust, Inc.), Advisory Agreement (ARC Realty Finance Trust, Inc.), Advisory Agreement (ARC Realty Finance Trust, Inc.)
Exclusion of Certain Transactions. (iC) If the Company or the Operating Partnership shall propose to enter into any transaction in which the Advisor, any Affiliate of the Advisor or any of the Advisor’s directors or officers has a direct or indirect interest, then such transaction shall be approved by a majority of the Board not otherwise interested in such transactiondisinterested Directors, including a majority of the disinterested Independent Directors.
Appears in 2 contracts
Samples: Advisory Agreement (American Realty Capital - Retail Centers of America, Inc.), Advisory Agreement (American Realty Capital - Retail Centers of America, Inc.)
Exclusion of Certain Transactions. (i) If the Company or the Operating Partnership shall propose to enter into any transaction in which the Advisor, Service Provider or any Affiliate of the Advisor or any of the Advisor’s directors or officers thereof has a direct or indirect interest, then such transaction shall be (A) approved by a majority of the Board not otherwise interested in such transaction, (including a majority of the Independent Directors) not otherwise interested in such transaction as fair and reasonable to the Company and (B) on terms and conditions not less favorable to the Company or Operating Partnership, as applicable, than those available from unaffiliated third parties.
Appears in 1 contract
Samples: Agreement (New York REIT, Inc.)
