Common use of Listing of the Shares Clause in Contracts

Listing of the Shares. If this Agreement is terminated in connection with a Listing, the Advisor will receive, in exchange for terminating this Agreement and the giving up or waiving of its fees then earned but not paid and all future fees, the Incentive Distribution Upon Listing equal to 15.0% of the amount, if any, by which (1) the market value of the outstanding Shares at Listing measured by taking the average closing price or the average of the bid and asked price, as the case may be, over a period of 30 days during which the Shares are traded, with such period beginning 180 days after Listing (the "Market Value"), plus the total distributions paid to Stockholders prior to Listing exceeds (2) the sum of the Invested Capital plus the Cumulative Return. Upon payment of the Incentive Distribution upon Listing the Advisor's "

Appears in 5 contracts

Samples: Advisory Agreement (NNN Apartment REIT, Inc.), Advisory Agreement (NNN Apartment REIT, Inc.), Advisory Agreement (NNN Apartment REIT, Inc.)

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Listing of the Shares. If this Agreement is terminated in connection with a Listing, the Advisor will receive, in exchange for terminating this Agreement and the giving up or waiving of its fees then earned but not paid and all future fees, the Incentive Distribution Upon Listing equal to 15.0% of the amount, if any, by which (1) the market value of the outstanding Shares at Listing measured by taking the average closing price or the average of the bid and asked price, as the case may be, over a period of 30 days during which the Shares are traded, with such period beginning 180 days after Listing (the "Market Value"), plus the total distributions paid to Stockholders prior to Listing exceeds (2) the sum of the Invested Capital plus the Cumulative Return. Upon payment of the Incentive Distribution upon Listing the Advisor's "’s “

Appears in 2 contracts

Samples: Advisory Agreement (Grubb & Ellis Apartment REIT, Inc.), Advisory Agreement (Grubb & Ellis Apartment REIT, Inc.)

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