Expense Support. Beginning on the Commencement Date and continuing until terminated as provided herein, the Advisor shall provide expense support to the Company through forgoing the payment of fees in cash and acceptance of restricted stock for services as provided herein, in an amount equal to the positive excess, if any, of (a) aggregate stockholder cash distributions declared for the applicable quarter, over (b) the Company’s aggregate modified funds from operations, as defined below, for the same period (the “Expense Support Amount”). The Expense Support Amount shall be determined for each calendar quarter of the Company, on a non-cumulative basis, with each such quarter-end date, a “Determination Date”. The Expense Support Amount will be credited by the Advisor to the Company in satisfaction of Asset Management Fees and other fees and expenses owed to the Advisor under the Advisory Agreement, at the Advisor’s discretion. For purposes of this Agreement, modified funds from operations (“MFFO”) shall have the same meaning as such term is defined in the Company’s Form 10Q and Form 10K as filed pursuant to the Securities Exchange Act of 1934, as amended.
Appears in 1 contract
Sources: Expense Support and Restricted Stock Agreement (CNL Healthcare Properties, Inc.)
Expense Support. Beginning on the Commencement Effective Date and continuing until terminated as provided herein, the Advisor shall provide expense support to the Company through forgoing the payment of fees in cash and acceptance of restricted stock for services as provided herein, in an amount equal to the positive excess, if any, of (a) aggregate stockholder cash distributions declared for the applicable quarteryear, over (b) the Company’s aggregate modified funds from operations, as defined below, for the same period (the “Expense Support Amount”). The Expense Support Amount shall be determined for each calendar quarter year of the Company, on a noncumulative year-cumulative to-date basis, with each such quarteryear-end date, a “Determination Date”. The Expense Support Amount will be credited by the Advisor to the Company in satisfaction of Asset Management Fees and other fees and expenses owed to the Advisor under the Advisory Agreement, at the Advisor’s discretion. For purposes of this Agreement, modified funds from operations operation (“MFFO”) shall have the same meaning as such term is defined and presented in the Company’s Form 10Q 10-Q and Form 10-K as filed pursuant to the Securities Exchange Act of 1934, as amended.”
Appears in 1 contract
Sources: Expense Support and Restricted Stock Agreement (CNL Healthcare Properties, Inc.)