Common use of Limitation on Payment of Expenses Clause in Contracts

Limitation on Payment of Expenses. The Company shall pay or reimburse reasonable legal expenses and other costs incurred by the Adviser, the Sub-Adviser or their Affiliates in advance of the final disposition of a proceeding only if (in addition to the procedures required by the Maryland General Corporation Law, as amended from time to time) all of the following are satisfied: (a) the proceeding relates to acts or omissions with respect to the performance of duties or services on behalf of the Company, (b) the legal proceeding was initiated by a third party who is not a Stockholder or, if by a Stockholder acting in his or her capacity as such, a court of competent jurisdiction approves such advancement and (c) the Adviser, the Sub-Adviser or their Affiliates undertake to repay the amount paid or reimbursed by the Company, together with the applicable legal rate of interest thereon, if it is ultimately determined that the particular indemnitee is not entitled to indemnification.

Limitation on Payment of Expenses. The Company shall pay or reimburse reasonable legal expenses and other costs incurred by the Adviser, the Sub-Adviser Advisor or their its Affiliates in advance of the final disposition of a proceeding only if (in addition to the procedures required by the Maryland General Corporation Law, as amended from time to time) all of the following are satisfied: (ai) the proceeding relates to acts or omissions with respect to the performance of duties or services on behalf of the CompanyCompany or the Operating Partnership, (bii) the legal proceeding was initiated by a third party who is not a Stockholder or, if or by a Stockholder acting in his or her capacity as such, such and a court of competent jurisdiction specifically approves such advancement and (ciii) the Adviser, the Sub-Adviser Advisor or their its Affiliates undertake to repay the amount paid or reimbursed by the CompanyCompany or the Operating Partnership, together with the applicable legal rate of interest thereon, if it is ultimately determined that the particular indemnitee is not entitled to indemnification.

Limitation on Payment of Expenses. The Company shall pay or reimburse reasonable legal expenses and other costs incurred by the Adviser, the Sub-Adviser Advisors or their its Affiliates in advance of the final disposition of a proceeding only if (in addition to the procedures required by the Maryland General Corporation Law, as amended from time to time) all of the following are satisfied: (ai) the proceeding relates to acts or omissions with respect to the performance of duties or services on behalf of the CompanyCompany or the Operating Partnership, (bii) the legal proceeding was initiated by a third party who is not a Stockholder or, if or by a Stockholder acting in his or her capacity as such, such and a court of competent jurisdiction specifically approves such advancement and (ciii) the Adviser, the Sub-Adviser Advisor or their its Affiliates undertake to repay the amount paid or reimbursed by the CompanyCompany or the Operating Partnership, together with the applicable legal rate of interest thereon, if it is ultimately determined that the particular indemnitee is not entitled to indemnification.

Limitation on Payment of Expenses. The Company shall pay or reimburse reasonable legal expenses and other costs incurred by the Adviser, the Sub-Adviser Advisors or their its Affiliates in advance of the final disposition of a proceeding only if (in addition to the procedures required by the Maryland General Corporation Law, as amended from time to time) all of the following are satisfied: (ai) the proceeding relates to acts or omissions with respect to the performance of duties or services on behalf of the CompanyCompany or the Operating Partnership, (bii) the legal proceeding was initiated by a third party who is not a Stockholder or, if by a Stockholder acting in his or her capacity as such, a court of competent jurisdiction approves such advancement and (ciii) the Adviser, the Sub-Adviser Advisor or their its Affiliates undertake to repay the amount paid or reimbursed by the CompanyCompany Operating Partnership, together with the applicable legal rate of interest thereon, if it is ultimately determined that the particular indemnitee is not entitled to indemnification.

Limitation on Payment of Expenses. The Company shall pay or reimburse reasonable legal expenses and other costs incurred by the Adviser, the Sub-Adviser Advisors or their its Affiliates in advance of the final disposition of a proceeding only if (in addition to the procedures required by the Maryland General Corporation Law, as amended from time to time) all of the following are satisfied: (a) the proceeding relates to acts or omissions with respect to the performance of duties or services on behalf of the CompanyCompany or the Operating Partnership, (b) the legal proceeding was initiated by a third party who is not a Stockholder or, if by a Stockholder acting in his or her capacity as such, a court of competent jurisdiction approves such advancement and (c) the Adviser, the Sub-Adviser Advisor or their its Affiliates undertake to repay the amount paid or reimbursed by the CompanyCompany Operating Partnership, together with the applicable legal rate of interest thereon, if it is ultimately determined that the particular indemnitee is not entitled to indemnification.. NY 246322957v3

Limitation on Payment of Expenses. The Company shall pay or reimburse reasonable legal expenses and other costs incurred by the Adviser, the Sub-Adviser Advisors or their its Affiliates in advance of the final disposition of a proceeding only if (in addition to the procedures required by the Maryland General Corporation Law, as amended from time to time) all of the following are satisfied: (ai) the proceeding relates to acts or omissions with respect to the performance of duties or services on behalf of the CompanyCompany or the Operating Partnership, (bii) the legal proceeding was initiated by a third party who is not a Stockholder or, if by a Stockholder acting in his or her capacity as such, a court of competent jurisdiction approves such advancement and (ciii) the Adviser, the Sub-Adviser Advisor or their its Affiliates undertake to repay the amount paid or reimbursed by the CompanyCompany Operating Partnership, together with the applicable legal rate of interest thereon, if it is ultimately determined that the particular indemnitee is not entitled to indemnification.. 16.04