Investments in Other Programs Sample Clauses

Investments in Other Programs. (a) The Company shall have the authority to invest in general partnerships or joint ventures with other publicly registered Affiliates of the Company if all of the following conditions are met: (i) the Affiliate and the Company have substantially identical investment objectives; (ii) there are no duplicate fees to the Advisor; (iii) the compensation payable by the general partnership or joint venture to the Advisor and the Sponsors of each Affiliate that invests in such partnership or joint venture is substantially identical; (iv) each of the Company and the Affiliate has a right of first refusal to buy if the other party wishes to sell assets held in the joint venture; (v) the investment of each of the Company and its Affiliate is on substantially the same terms and conditions; and (vi) any prospectus of the Company in use or proposed to be used when such an investment has been made or is contemplated discloses the potential risk of impasse on joint venture decisions since neither the Company nor its Affiliate controls the partnership or joint venture, and the potential risk that while a the Company or its Affiliate may have the right to buy the assets from the partnership or joint venture, it may not have the resources to do so.
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Investments in Other Programs. (a) The Company shall not invest in general partnerships or joint ventures with non-Affiliates that own and operate specific assets, unless the Company, alone or together with any publicly registered Affiliate of the Company meeting the requirements of subsection (b) below, acquires a controlling interest in such a general partnership or joint venture, but in no event shall the Advisor be entitled to duplicate fees; provided, however that the foregoing is not intended to prevent the Company from investing and reinvesting its assets in securities of other issuers. For purposes of this Section 15.4, “controlling interest” means an equity interest possessing the power to direct or cause the direction of the management and policies of the general partnership or joint venture, including the authority to: (i) review all contracts entered into by the general partnership or joint venture that will have a material effect on its business or assets; (ii) cause a sale or refinancing of the assets or its interest therein subject, in certain cases where required by the partnership or joint venture agreement, to limits as to time, minimum amounts and/or a right of first refusal by the joint venture partner or consent of the joint venture partner; (iii) approve budgets and major capital expenditures, subject to a stated minimum amount; (iv) veto any sale or refinancing of the assets, or alternatively, to receive a specified preference on sale or refinancing proceeds; and (v) exercise a right of first refusal on any desired sale or refinancing by the joint venture partner of its interest in the assets, except for transfer to an Affiliate of the joint venture partner.
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Investments in Other Programs. The Partnership shall not make investments in the general or limited partnership interests of any other program, or enter into any joint venture or partnership which owns or operates a particular Property except for (i) any such partnership or venture entered into to facilitate the holding of title to any Property and in which the Partnership holds all or substantially all of the beneficial interest, or (ii) a partnership or joint venture entered into with an Affiliate of the General Partners to acquire and hold a Property if the investment by the Partnership and such Affiliate are on substantially the same terms and conditions, except as a result from varying percentage interests in the joint venture. The Partnership shall acquire a controlling interest in any such partnership or venture, and in no event shall any duplicate property management or other fees be paid by the Partnership as a result thereof. For purposes hereof, the term "controlling interest" shall mean an interest of not less than 50% in the capital and profits of the joint venture and the inclusion of appropriate provisions in the joint venture agreement or related documents giving the Partnership the joint right to make basic management decisions concerning the sale, leasing, refinancing or expansion of the Property. The Partnership may not act indirectly through any such joint venture if the Partnership would be prohibited from doing so directly by reason of restrictions in this Agreement. In the event of a proposed sale of the Property initiated by either joint venture partner, each party must have a right of first refusal to purchase the other party's interest. Finally, in no event shall the Partnership's equity investment in all such joint ventures exceed 50% of the Partnership's total equity investment in all of its Properties.
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Investments in Other Programs. Invest in limited partnership interests of other programs; provided, however, nothing herein shall preclude the General Partner from investing in partnerships (general or limited) or joint ventures which own, operate, service, manage and collect assets similar to those acquired by the Partnership, provided duplicate management and other fees shall not be charged. Joint venture investments between investment programs affiliated with the Partnership shall be permitted if those investment programs have (i) comparable investment objectives, (ii) substantially identical sponsor compensation programs, and (iii) the affiliated investment programs each invest on substantially the same terms and conditions. Before investing in any such affiliated investment program, the General Partner shall make adequate disclosure of the risks involved in any such investment. 8.5
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Related to Investments in Other Programs

  • Investments in Other Persons Make or hold, or permit any of its Subsidiaries to make or hold, any Investment in any Person, except:

  • Participation in Other Plans Nothing contained in this Agreement shall be construed to alter, abridge, or in any manner affect the rights and privileges of the Executive to participate in and be covered by any pension, profit-sharing, group insurance, bonus or any other employee plan or plans which the Corporation may have or hereafter have.

  • Rights in Other Capacities The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein and any Holder (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and any Holder without having to account for the same to the Company; provided that each of the Collateral Agent, the Custodial Agent and the Securities Intermediary covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

  • Interests in Other Entities The Company does not own or control, directly or indirectly, an interest in any corporation, partnership, limited liability company, joint venture, trust or other entity.

  • OPERATION IN ORDINARY COURSE The Acquiring Fund and the Acquired Fund will each operate its respective business in the ordinary course between the date of this Agreement and the Closing Date, it being understood that such ordinary course of business will include customary dividends and shareholder purchases and redemptions.

  • Subsidiaries and Other Equity Investments and Equity Interests in the Borrower and Each Subsidiary Guarantor

  • RIGHT TO ENGAGE IN OTHER ACTIVITIES (a) The services provided by the Advisor hereunder are not to be deemed exclusive. CMF on its own behalf and on behalf of the Partnership acknowledges that, subject to the terms of this Agreement, the Advisor and its officers, directors, employees and shareholder(s), may render advisory, consulting and management services to other clients and accounts. The Advisor and its officers, directors, employees and shareholder(s) shall be free to trade for their own accounts and to advise other investors and manage other commodity accounts during the term of this Agreement and to use the same information, computer programs and trading strategies, programs or formulas which they obtain, produce or utilize in the performance of services to CMF for the Partnership. However, the Advisor represents, warrants and agrees that it believes the rendering of such consulting, advisory and management services to other accounts and entities will not require any material change in the Advisor’s basic trading strategies and will not affect the capacity of the Advisor to continue to render services to CMF for the Partnership of the quality and nature contemplated by this Agreement.

  • Conduct of Business in Ordinary Course Seller has conducted the business and operations of the Station only in the ordinary course and has not:

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