Modification or Revocation of Authority of Advisor. The Board may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article 3 and this Article 4 hereof; provided, however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company prior to the date of receipt by the Advisor of such notification.
Appears in 137 contracts
Samples: Advisory Agreement (NorthStar Real Estate Income Trust, Inc.), Advisory Agreement (KBS Strategic Opportunity REIT, Inc.), Advisory Agreement (KBS Real Estate Investment Trust III, Inc.)
Modification or Revocation of Authority of Advisor. The Board may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article 3 and this Article 4 hereof; providedParagraph 3, provided however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company prior to the date of receipt by the Advisor of such notification.
Appears in 29 contracts
Samples: Advisory Agreement (Wells Real Estate Investment Trust Ii Inc), Transition Services Agreement (Wells Real Estate Investment Trust Ii Inc), Transition Services Agreement (Columbia Property Trust, Inc.)
Modification or Revocation of Authority of Advisor. The Board may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article 3 Articles III and this Article 4 hereof; providedIV, provided however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company or the Operating Partnership prior to the date of receipt by the Advisor of such notification.
Appears in 19 contracts
Samples: Advisory Agreement (Strategic Storage Trust II, Inc.), Advisory Agreement (Griffin Capital Essential Asset REIT, Inc.), Advisory Agreement (Strategic Storage Trust, Inc.)
Modification or Revocation of Authority of Advisor. The Board may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article 3 and this Article 4 hereof; provided, however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company or its Subsidiaries prior to the date of receipt by the Advisor of such notification.
Appears in 17 contracts
Samples: Advisory Agreement (Resource Real Estate Opportunity REIT, Inc.), Advisory Agreement (Resource Real Estate Opportunity REIT II, Inc.), Advisory Agreement (Resource Real Estate Opportunity REIT, Inc.)
Modification or Revocation of Authority of Advisor. The Board may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article 3 hereof and this Article 4 hereof4; provided, however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company prior to the date of receipt by the Advisor of such notification.
Appears in 13 contracts
Samples: Advisory Agreement (Plymouth Opportunity REIT Inc.), Advisory Agreement (Plymouth Opportunity REIT Inc.), Advisory Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)
Modification or Revocation of Authority of Advisor. The Board may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article 3 and this Article 4 hereof4; provided, however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company prior to the date of receipt by the Advisor of such notification.
Appears in 13 contracts
Samples: Advisory Agreement (Rodin Income Trust, Inc.), Advisory Agreement (Rodin Global Property Trust, Inc.), Advisory Agreement (Rodin Income Trust, Inc.)
Modification or Revocation of Authority of Advisor. The Board of Directors may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article 3 and this Article 4 hereof; provided, however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company prior to the date of receipt by the Advisor of such notification.
Appears in 13 contracts
Samples: Advisory Agreement (KBS Real Estate Investment Trust, Inc.), Advisory Agreement (KBS Real Estate Investment Trust, Inc.), Advisory Agreement (KBS Real Estate Investment Trust, Inc.)
Modification or Revocation of Authority of Advisor. The Board may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article 3 and this Article 4 hereof; provided, however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company or its Subsidiaries prior to the date of receipt by the Advisor of such notification.
Appears in 11 contracts
Samples: Advisory Agreement (Resource Real Estate Innovation Office REIT, Inc.), Advisory Agreement (Resource Income Opportunity REIT, Inc.), Advisory Agreement (Hartman vREIT XXI, Inc.)
Modification or Revocation of Authority of Advisor. The Board may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article 3 Articles III and this Article 4 hereof; providedIV, provided however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company prior to the date of receipt by the Advisor of such notification.
Appears in 10 contracts
Samples: Advisory Agreement (Strategic Storage Trust, Inc.), Advisory Agreement (Strategic Storage Trust, Inc.), Advisory Agreement (Strategic Storage Trust, Inc.)
Modification or Revocation of Authority of Advisor. The Board may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article Section 3 and this Article Section 4 hereof; provided, however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has in good faith reliance on the authority vested in the Advisor committed the Company or its Subsidiaries prior to the date of receipt by the Advisor of such notification.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Cottonwood Communities, Inc.), Agreement and Plan of Merger (Cottonwood Communities, Inc.), Agreement and Plan of Merger (Cottonwood Multifamily Reit I, Inc.)
Modification or Revocation of Authority of Advisor. The Board may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article 3 and this Article 4 hereof; providedParagraph 3, provided however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company (after obtaining approval of the Board of Directors if required hereunder) prior to the date of receipt by the Advisor of such notification.
Appears in 6 contracts
Samples: Advisory Agreement (Wells Core Office Income Reit Inc), Advisory Agreement (Wells Core Office Income Reit Inc), Advisory Agreement (Wells Core Office Income Reit Inc)
Modification or Revocation of Authority of Advisor. The Board may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article 3 hereof and this Article 4 hereof4; provided, however, that such modification or revocation shall be effective upon receipt thereof by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company prior to the date of receipt by the Advisor of such notificationmodification or revocation.
Appears in 6 contracts
Samples: Agreement (O'Donnell Strategic Gateway REIT, Inc.), Advisory Agreement (Independence Mortgage Trust, Inc.), Advisory Agreement (O'Donnell Strategic Industrial REIT, Inc.)
Modification or Revocation of Authority of Advisor. The Board may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article Sections 3 and this Article 4 hereof; provided4, provided however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company prior to the date of receipt by the Advisor of such notification. For such previously committed investment transactions, the Advisor shall have the full rights and authorizations under Section 3 and 4 as are necessary to complete the previously committed investment transactions.
Appears in 5 contracts
Samples: Advisory Agreement (Shopoff Properties Trust, Inc.), Advisory Agreement (Shopoff Properties Trust, Inc.), Advisory Agreement (Shopoff Properties Trust, Inc.)
Modification or Revocation of Authority of Advisor. The Board may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article Sections 3 and this Article 4 hereof; provided4, provided however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company prior to the date of receipt by the Advisor of such notification.
Appears in 5 contracts
Samples: Advisory Agreement (Cornerstone Core Properties REIT, Inc.), Advisory Agreement (Cornerstone Core Properties REIT, Inc.), Advisory Agreement (Cornerstone Core Properties REIT, Inc.)
Modification or Revocation of Authority of Advisor. The Board may, at any from time upon to time, with the giving consent of notice to the Advisor, modify or revoke the authority or approvals set forth in Article 3 and this Article 4 hereof4; provided, however, that the Board may act immediately to modify or revoke such authority or approvals upon notice to the Advisor and without the Advisor’s consent if the Board concludes such immediate action is necessary to protect the Company’s stockholders. Any modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company prior to the effective date of receipt by the Advisor of such notification.
Appears in 3 contracts
Samples: Advisory Agreement (MVP Monthly Income Realty Trust, Inc.), Advisory Agreement (Shearson American REIT, Inc.), Advisory Agreement (Shearson American REIT, Inc.)
Modification or Revocation of Authority of Advisor. The Board may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article 3 and this Article 4 hereof; providedSection 2.02, provided however, that such modification or revocation shall be effective upon receipt by the Advisor or such later date as is specified by the Board and included in the notice provided to the Company and such modification or revocation shall not be applicable to investment transactions to which the Advisor has committed the Company prior to the date of receipt by the Advisor of such notification, or, if later, the effective date of such modification or revocation specified by the Board.
Appears in 3 contracts
Samples: Advisory Agreement (Cole Retail Income Trust, Inc.), Advisory Agreement (Cole Credit Property Trust III, Inc.), Advisory Agreement (Cole Credit Property Trust III, Inc.)
Modification or Revocation of Authority of Advisor. The Board of Directors retains ultimate authority over the management of the Company and may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article Sections 3 and this Article 4 hereof4; provided, however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions actions to which the Advisor has properly committed the Company prior to the date of receipt by the Advisor of such notification.
Appears in 2 contracts
Samples: Advisory Agreement (Sentio Healthcare Properties Inc), Advisory Agreement (Cornerstone Healthcare Plus Reit, Inc.)
Modification or Revocation of Authority of Advisor. The Board may, at any time upon the giving of notice Notice to the Advisor, modify or revoke the authority or approvals set forth in Article 3 and this Article 4 hereof; provided, however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company prior to the date of receipt by the Advisor of such notification.
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.)
Modification or Revocation of Authority of Advisor. The Board of Directors may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article Section 3 and this Article 4 hereofSection 4; provided, however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company prior to the date of receipt by the Advisor of such notification.
Appears in 2 contracts
Samples: Advisory Agreement (Institutional REIT, Inc.), Advisory Agreement (Institutional REIT, Inc.)
Modification or Revocation of Authority of Advisor. The Board may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article Section 3 and this Article 4 hereofSection 4; provided, however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company prior to the date of receipt by the Advisor of such notification.
Appears in 2 contracts
Samples: Advisory Agreement (Passco Apartment REIT, Inc.), Advisory Agreement (Passco Apartment REIT, Inc.)
Modification or Revocation of Authority of Advisor. The Board may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article Sections 3 and this Article 4 hereof4; provided, however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company prior to the date of receipt by the Advisor of such notification.
Appears in 2 contracts
Samples: Advisory Agreement (Cornerstone Growth & Income REIT, Inc.), Advisory Agreement (Cornerstone Growth & Income REIT, Inc.)
Modification or Revocation of Authority of Advisor. The Board may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article 3 Articles III and this Article 4 hereof; providedIV, provided however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company or the Operating Partnership or any of their subsidiaries prior to the date of receipt by the Advisor of such notification.
Appears in 2 contracts
Samples: Advisory Agreement (Phillips Edison Grocery Center REIT III, Inc.), Advisory Agreement (Phillips Edison Grocery Center REIT III, Inc.)
Modification or Revocation of Authority of Advisor. The Board of Directors may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article Articles 3 and this Article 4 hereof; provided4, provided however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company Company, the Operating Partnership, or their subsidiaries prior to the date of receipt by the Advisor of such notification.
Appears in 2 contracts
Samples: Advisory Agreement (Strategic Storage Trust VI, Inc.), Advisory Agreement (Strategic Storage Trust VI, Inc.)
Modification or Revocation of Authority of Advisor. The Board may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article Section 3 and this Article Section 4 hereof; provided, however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company or its Subsidiaries prior to the date of receipt by the Advisor of such notification.
Appears in 2 contracts
Samples: Advisory Agreement (Cottonwood Communities, Inc.), Advisory Agreement (Cottonwood Communities, Inc.)
Modification or Revocation of Authority of Advisor. The Board may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article Articles 3 and this Article 4 hereof; provided4, provided however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company Company, the Operating Partnership or any of their subsidiaries prior to the date of receipt by the Advisor of such notification.
Appears in 2 contracts
Samples: Advisory Agreement (Strategic Student & Senior Housing Trust, Inc.), Advisory Agreement (Strategic Student & Senior Housing Trust, Inc.)
Modification or Revocation of Authority of Advisor. The Board may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article 3 and this Article 4 hereofSection 3; provided, however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment actions or transactions to which the Advisor has committed the Company prior to the date of receipt by the Advisor of such notification.
Appears in 1 contract
Modification or Revocation of Authority of Advisor. The Board may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article 3 Articles III and this Article 4 hereof; IV, provided, however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company or the Operating Partnership or any of their subsidiaries prior to the date of receipt by the Advisor of such notification.
Appears in 1 contract
Samples: Advisory Agreement (Phillips Edison Grocery Center REIT III, Inc.)
Modification or Revocation of Authority of Advisor. . The Board may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article 3 and this Article 4 hereof; provided, however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company prior to the date of receipt by the Advisor of such notification.
Appears in 1 contract
Samples: Advisory Agreement (Pacific Oak Strategic Opportunity REIT, Inc.)
Modification or Revocation of Authority of Advisor. The Board may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article 3 and this Article 4 hereof; provided, however, that such modification or revocation shall be effective EAST\126877177.1 upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company prior to the date of receipt by the Advisor of such notification.
Appears in 1 contract
Samples: Advisory Agreement (KBS Real Estate Investment Trust III, Inc.)
Modification or Revocation of Authority of Advisor. The Board of Directors may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article 3 and this Article 4 hereof; providedSection 2.02, provided however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company prior to the date of receipt by the Advisor of such notification.
Appears in 1 contract
Samples: Advisory Agreement (Cole Credit Property Trust Inc)
Modification or Revocation of Authority of Advisor. The Board of Directors may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article 3 and this Article 4 hereof; provided, however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company prior to the date of receipt by the Advisor of such notification.. EAST\126876847.2
Appears in 1 contract
Samples: Advisory Agreement (KBS Real Estate Investment Trust, Inc.)
Modification or Revocation of Authority of Advisor. The Board may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article Section 3 and this Article 4 hereof; provided, howeverhowever , that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company and the Partnership prior to the date of receipt by the Advisor of such notification.
Appears in 1 contract
Samples: Advisory Agreement (Grubb & Ellis Healthcare REIT II, Inc.)
Modification or Revocation of Authority of Advisor. The Board may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article Articles 3 and this Article 4 hereof; provided4, provided however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company or the Operating Partnership prior to the date of receipt by the Advisor of such notification.
Appears in 1 contract
Samples: Advisory Agreement (Strategic Storage Growth Trust, Inc.)
Modification or Revocation of Authority of Advisor. The Board may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article Section 3 and this Article Section 4 hereof; provided, however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company or its Subsidiaries prior to the date of receipt by the Advisor of such notification. 5.
Appears in 1 contract
