Modification. This Agreement shall not be changed, modified, terminated, or discharged, in whole or in part, except by an instrument in writing signed by both parties hereto, or their respective successors or assignees.
Appears in 288 contracts
Samples: Form of Advisory Agreement (Carey Watermark Investors Inc), Advisory Agreement (Corporate Property Associates 16 Global Inc), Advisory Agreement (Corporate Property Associates 18 Global Inc)
Modification. This Agreement shall not be changed, modified, terminated, terminated or discharged, in whole or in part, except by an instrument in writing signed by both parties hereto, or their respective successors or assigneespermitted assigns.
Appears in 206 contracts
Samples: Advisory Agreement (KBS Real Estate Investment Trust, Inc.), Advisory Agreement (Rodin Global Property Trust, Inc.), Management Agreement (Park View OZ REIT Inc)
Modification. This Agreement shall not be changed, modified, terminated, or discharged, in whole or in part, except by an instrument in writing signed by both the parties hereto, or their respective successors or assignees.
Appears in 193 contracts
Samples: Advisory Agreement (Bluerock Enhanced Multifamily Trust, Inc.), Advisory Agreement (Strategic Storage Trust II, Inc.), Advisory Agreement (Industrial Income Trust Inc.)
Modification. This Agreement shall not be changedamended, modifiedsupplemented, terminated, or discharged, in whole or in part, except by an instrument in writing signed by both the parties hereto, or their respective successors or assignees.
Appears in 67 contracts
Samples: Advisory Agreement (American Realty Capital Trust III, Inc.), Advisory Agreement (American Realty Capital Trust V, Inc.), Advisory Agreement (Phillips Edison Grocery Center Reit Ii, Inc.)
Modification. This Agreement shall not be changed, modified, terminated, or discharged, in whole or in part, except by an instrument in writing signed by both all parties hereto, or their respective successors or assignees.
Appears in 20 contracts
Samples: Advisory Agreement (Hines Global Reit Ii, Inc.), Advisory Agreement (Hines Global REIT, Inc.), Advisory Agreement (Hines Global REIT, Inc.)
Modification. This Agreement shall may not be released, discharged, abandoned, changed, modified, terminated, or discharged, modified in whole or in partany manner, except by an instrument in writing signed by both each of the parties hereto, or their respective successors or assignees.
Appears in 18 contracts
Samples: Employment Agreement (Streamline Health Solutions Inc.), Employment Agreement (Streamline Health Solutions Inc.), Employment Agreement (Streamline Health Solutions Inc.)
Modification. This Agreement shall may not be changedreleased, modified, terminated, or discharged, abandoned, changed or modified in whole or in partany manner, except by an instrument in writing signed by both each of the parties hereto, or their respective successors or assignees.
Appears in 17 contracts
Samples: Employment Agreement (Streamline Health Solutions Inc.), Employment Agreement (Streamline Health Solutions Inc.), Employment Agreement (Streamline Health Solutions Inc.)
Modification. This Agreement shall not be changedamended, supplemented, modified, terminated, or discharged, in whole or in part, except by an instrument in writing signed by both the parties hereto, or their respective successors or assignees.
Appears in 16 contracts
Samples: Advisory Agreement (Independence Realty Trust, Inc), Advisory Agreement (Empire American Realty Trust Inc), Advisory Agreement (Nexpoint Real Estate Strategies Fund)
Modification. This Agreement shall not be changed, modified, terminated, terminated or discharged, in whole or in part, except by an instrument in writing signed by both each of the parties hereto, or their respective successors or assigneesassigns.
Appears in 16 contracts
Samples: Advisory Agreement (Paladin Realty Income Properties Inc), Advisory Agreement (Paladin Realty Income Properties Inc), Advisory Agreement (Paladin Realty Income Properties Inc)
Modification. This Agreement shall not be changed, modified, terminated, terminated or discharged, in whole or in part, except by an instrument in writing signed by both the parties hereto, or their respective successors or assignees.
Appears in 16 contracts
Samples: Advisory Agreement (Steadfast Apartment REIT, Inc.), Advisory Agreement (Steadfast Apartment REIT, Inc.), Advisory Agreement (Steadfast Income REIT, Inc.)
Modification. This Agreement shall not be changed, modified, terminated, terminated or discharged, in whole or in part, except by an instrument in writing signed by both all the parties hereto, or their respective successors or assignees.
Appears in 13 contracts
Samples: Advisory Agreement (Sterling Real Estate Trust), Advisory Agreement (Sterling Real Estate Trust), Advisory Agreement (Sterling Real Estate Trust)
Modification. This Agreement shall not be changedamended, modifiedsupplemented, terminated, or discharged, in whole or in part, except by an instrument in writing signed by both the parties hereto, or their respective successors or assigneesassigns.
Appears in 12 contracts
Samples: Advisory Agreement (American Realty Capital New York City REIT II, Inc.), Advisory Agreement (American Realty Capital - Retail Centers of America II, Inc.), Advisory Agreement (American Realty Capital Healthcare Trust III, Inc.)
Modification. This Agreement shall not be amended, supplemented, changed, modified, terminated, terminated or discharged, in whole or in part, except by an instrument in writing signed by both parties Parties hereto, or their respective successors or assigneespermitted assigns.
Appears in 11 contracts
Samples: Advisory Agreement (Phillips Edison - ARC Shopping Center REIT Inc.), Sub Advisory Agreement (ARC Properties Operating Partnership, L.P.), Advisory Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)
Modification. This Agreement shall not be changedamended, modifiedsupplemented, terminated, terminated or discharged, in whole or in part, except by an instrument in writing signed by both the parties hereto, or their respective successors or assignees.
Appears in 11 contracts
Samples: Advisory Agreement (ARC Realty Finance Trust, Inc.), Advisory Agreement (Realty Finance Trust, Inc.), Advisory Agreement (Benefit Street Partners Realty Trust, Inc.)
Modification. This Agreement shall not be changed, modified, terminated, terminated or discharged, in whole or in part, except by an instrument in writing signed by both parties hereto, the Parties hereto or their respective successors or assignees.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (MVP REIT, Inc.), Form of Advisory Agreement (MVP REIT II, Inc.), Form of Advisory Agreement (MVP REIT II, Inc.)
Modification. This Agreement shall not be changed, modified, terminated, or discharged, in whole or in part, except by an instrument in writing signed by both parties the Parties hereto, or their respective successors or assignees.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Moody National REIT II, Inc.), Advisory Agreement (Moody National REIT I, Inc.), Advisory Agreement (Moody National REIT II, Inc.)
Modification. This Agreement may not be and shall not be changed, deemed or construed to have been modified, terminatedamended, rescinded, cancelled, or discharged, waived in whole or in part, except by an a written instrument in writing signed by both the parties hereto, or their respective successors or assignees.
Appears in 6 contracts
Samples: Employment Agreement (Sirva Inc), Employment Agreement (Sirva Inc), Employment Agreement (Sirva Inc)
Modification. This Agreement shall not be changed, modified, terminated, terminated or discharged, in whole or in part, except by an instrument in writing signed by both all of the parties hereto, or their respective successors or assigneespermitted assigns.
Appears in 6 contracts
Samples: Advisory Agreement (O'Donnell Strategic Industrial REIT, Inc.), Form of Advisory Agreement (O'Donnell Strategic Gateway REIT, Inc.), Agreement (O'Donnell Strategic Gateway REIT, Inc.)
Modification. This Agreement shall not be changed, modified, terminated, altered or discharged, in whole or in part, otherwise amended except by pursuant to an instrument in writing signed by both each of the parties hereto, or their respective successors or assignees.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Dj Orthopedics Inc), Advisory Services Agreement (Wdra Food Service Inc), Agreement and Plan of Merger (Dj Orthopedics Capital Corp)
Modification. This Agreement shall not be changedamended, supplemented, terminated, modified, terminated, discharged or dischargedotherwise changed, in whole or in part, except by an instrument in writing signed by both the parties hereto, or their respective successors or permitted assignees.
Appears in 4 contracts
Samples: External Management Agreement (Retail Value Inc.), External Management Agreement (Retail Value Inc.), External Management Agreement (Retail Value Inc.)
Modification. This Agreement shall may not be changed, modified, terminatedamended, rescinded, cancelled, or dischargedwaived, in whole or in part, except by an a written instrument in writing signed by both parties hereto, or their respective successors or assigneesthe parties.
Appears in 3 contracts
Samples: Home Loan Agreement (Rogue Wave Software Inc /Or/), Home Loan Agreement (Rogue Wave Software Inc /Or/), Home Loan Agreement (Rogue Wave Software Inc /Or/)
Modification. This Agreement shall not be changed, modified, ------------ terminated, or discharged, in whole or in part, except by an instrument in writing signed by both parties hereto, or their respective successors or assignees.
Appears in 3 contracts
Samples: Advisory Agreement (Wells Real Estate Investment Trust Inc), Advisory Agreement (Wells Real Estate Investment Trust Inc), Advisory Agreement (Wells Real Estate Investment Trust Inc)
Modification. This Agreement shall not be amended, changed, modified, terminated, terminated or discharged, in whole or in part, except by an instrument instrument, in writing signed writing, duly executed by both all parties hereto, hereto or their respective successors or assigneesassigns.
Appears in 3 contracts
Samples: Administrative Services and Cost Sharing Agreement (Utg Inc), Shared Services Agreement (Utg Inc), Administrative Services and Cost Sharing Agreement (Utg Inc)
Modification. This Agreement shall not be changed, modified, terminated, modified or discharged, in whole or in part, amended except by an instrument in writing signed by both the parties hereto, hereto or their respective successors or assigneesassigns.
Appears in 2 contracts
Samples: Claims Purchase Agreement (Dane Exploration Inc.), Claims Purchase Agreement (Dane Exploration Inc.)
Modification. This Agreement shall not be changed, modified, terminated, modified or discharged, in whole or in part, amended except by an a written instrument in writing signed executed by both or on behalf of each of the parties hereto, or their respective successors or assigneesto this Agreement.
Appears in 2 contracts
Samples: Escrow Agreement (Inland Western Retail Real Estate Trust Inc), Escrow Agreement (Inland Western Retail Real Estate Trust Inc)
Modification. This Agreement shall not be amended, changed, modified, terminated, terminated or discharged, in whole or in part, except by an instrument instrument, in writing signed writing, duly executed by both all parties hereto, hereto or their respective successors or assigneesassigns. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and any successors of the parties hereto.
Appears in 2 contracts
Samples: Administrative Services and Cost Sharing Agreement (Utg Inc), Administrative Services and Cost Sharing Agreement (Utg Inc)
Modification. This Agreement shall may not be changedreleased, modified, terminated, or discharged, abandoned, changed or modified by the parties in whole or in partany manner, except by an instrument in writing signed by both each of the parties hereto, or their respective successors or assignees.
Appears in 2 contracts
Samples: Employment Agreement (Streamline Health Solutions Inc.), Employment Agreement (Streamline Health Solutions Inc.)
Modification. This Agreement agreement shall not be changed, modified, terminated, or discharged, discharged in whole or in part, except by an instrument in writing signed by both parties hereto, or their respective successors or assigneesassigns.
Appears in 2 contracts
Samples: Financial Advisory Agreement (Cedar Income Fund LTD), Financial Advisory Agreement (Cedar Income Fund LTD)
Modification. This Agreement shall not be changed, modified, terminated, terminated or discharged, in whole or in part, except by an instrument in writing signed by both parties hereto, or their respective successors or assignees.permitted assigns. 16.3
Appears in 2 contracts
Samples: Advisory Agreement (Cottonwood Communities, Inc.), Contracts Management Agreement (Multi-Housing Income REIT, Inc.)
Modification. This Agreement shall not be changed, modified, terminated, modified or dischargedamended, in whole or in part, except by an instrument in writing signed by both parties hereto, or their respective successors or assigneesassigns.
Appears in 2 contracts
Samples: Advisory Agreement (Host Funding Inc), Advisory Agreement (Host Funding Inc)
Modification. This Agreement shall may not be changedamended, modified, terminatedaltered, cancelled, waived or dischargedrevoked in any way, in whole or in part, except by an another instrument in writing writing, duly signed by both all the parties hereto, any possible alleged custom, course of conduct, or their respective successors or assigneespractice notwithstanding.
Appears in 2 contracts
Samples: Credit Agreement (Cadista Holdings Inc.), Credit Modification Agreement (Cadista Holdings Inc.)
Modification. This Agreement shall may not be changed, modified, terminated, or discharged, amended in whole or in partany respect, except by pursuant to an instrument in writing signed duly executed by both all of the parties hereto, or their respective successors or assignees.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Pharmchem Inc), Note and Warrant Purchase Agreement (Pharmchem Inc)
Modification. This Agreement agreement shall not be changed, modified, terminated, terminated or discharged, in whole or in part, except by an instrument in writing signed by both parties hereto, or their respective successors or assigneespermitted assigns.
Appears in 2 contracts
Samples: Phillips Edison Grocery Center Reit I, Inc., KBS Strategic Opportunity REIT, Inc.
Modification. This Agreement shall not be changed, modified, terminated, terminated or discharged, in whole or in part, except by an instrument in writing signed by both parties hereto, or their respective successors or assignees.
Appears in 2 contracts
Samples: Advisory Agreement (W. P. Carey Inc.), Management Agreement (Carey Diversified Properties LLC)
Modification. This Agreement shall not be changedamended, modifiedsupplemented, terminated, or discharged, in whole or in part, except by an instrument in writing signed by both the parties hereto, or their respective successors or permitted assignees.
Appears in 1 contract
Samples: Agreement (New York REIT, Inc.)
Modification. This Agreement shall not be changed, modified, terminated, terminated or discharged, in whole or in part, except by an instrument in writing signed by both all of the parties hereto, hereto or their respective successors or assigneesassigns.
Appears in 1 contract
Modification. This Agreement shall not be changedvaried, altered, modified, terminated, or discharged, in whole changed or in part, any way amended except by an instrument in writing signed executed by both all parties hereto, or their respective successors or assignees.
Appears in 1 contract
Modification. This Agreement shall will not be changed, modified, terminated, terminated or discharged, in whole or in part, except by an instrument in writing signed by both parties hereto, or their respective successors or assigneespermitted assigns or as set forth under Section 1 above.
Appears in 1 contract
Samples: Trademark License Agreement (Cottonwood Communities, Inc.)
Modification. This Agreement shall not be changed, modifiedmodified , terminated, terminated or discharged, in whole or in part, except by an instrument in writing signed by both parties hereto, or their respective successors or assigneespermitted assigns.
Appears in 1 contract
Samples: Advisory Agreement (KBS Real Estate Investment Trust II, Inc.)
Modification. This Agreement shall not be changed, modifiedmodified , terminated, terminated or discharged, in whole or in part, except by an instrument in writing signed by both parties hereto, or their respective successors or assigneespermitted assigns .
Appears in 1 contract
Samples: Advisory Agreement (KBS Real Estate Investment Trust II, Inc.)
Modification. This Agreement shall not be changed, modified, terminatedamended, ------------- terminated or discharged, in whole or in part, except by an instrument in writing signed by both parties hereto, or their respective successors or assigneesassigns.
Appears in 1 contract
Modification. This Agreement shall not be changed, modified, terminated, terminated or discharged, in whole or in part, except by an instrument in writing signed by both parties hereto, or their respective successors or assignees.permitted assigns. 16.03
Appears in 1 contract
Samples: Advisory Agreement (Pacific Oak Strategic Opportunity REIT, Inc.)
Modification. This Agreement shall not be changed, modified, terminated, terminated or discharged, in whole or in part, except by an instrument in writing signed by both the parties hereto, or their respective successors or assignees.permitted assigns. 15.03
Appears in 1 contract
Samples: Advisory Agreement (CaliberCos Inc.)
Modification. This The Agreement shall not be changed, modified, terminated, altered or discharged, in whole or in part, amended except by an instrument the agreement in writing signed executed by both parties hereto, or their respective successors or assignees.
Appears in 1 contract
Samples: Memorandum of Agreement
Modification. This Agreement shall not be changed, modified, terminated, or discharged, in whole or in part, except by an instrument in writing signed by both all parties hereto, or their respective successors or assignees.permitted assigns. β
Appears in 1 contract
Modification. Modification This Agreement shall not be changed, modified, terminated, terminated or discharged, in whole or in part, except by an instrument in writing signed by both the parties hereto, or their respective successors or assignees.
Appears in 1 contract
Samples: Advisory Agreement (Steadfast Apartment REIT III, Inc.)
Modification. This Agreement shall not be changed, modified, terminated, or discharged, in whole or in part, except by an instrument in writing signed by both parties parries hereto, or their respective successors or assignees.
Appears in 1 contract
Samples: Acquisition Services Agreement (Corporate Property Associates 12 Inc)
Modification. This Agreement shall not be changed, modified, terminated, or discharged, in whole or in part, except by an instrument in writing signed by both the parties hereto, or their respective successors or assignees.
Appears in 1 contract
Samples: Form of Sub Advisory Agreement (Sutherland Asset Management Corp)
Modification. This Agreement shall not be changed, modified, terminated, terminated or discharged, discharged in whole or in part, except by an instrument in writing signed by both parties hereto, or their respective successors or assignees.
Appears in 1 contract
Samples: Advisory Agreement (Cole Credit Property Trust Inc)
Modification. This Agreement shall not be, and shall not be changed, modified, terminated, deemed or dischargedconstrued to be modified or amended, in whole or in part, except by an a written instrument in writing signed by both parties hereto, or their respective successors or assigneesa duly authorized representative of each party to this Agreement.
Appears in 1 contract
Modification. This Agreement shall not be changedamended, supplemented, modified, terminated, terminated or discharged, in whole or in part, except by an instrument in writing signed by both the parties hereto, or their respective successors or assignees.
Appears in 1 contract
Samples: Advisory Agreement (Nexpoint Diversified Real Estate Trust)
Modification. This Agreement shall may not be changed, modified, terminated, or discharged, amended in whole or in partany respect, except by pursuant to an instrument in writing signed duly executed by both all of the parties hereto, or their respective successors or assignees.. [Signature page follows]
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Pharmchem Inc)
Modification. This Agreement shall not be changed, modified, terminated, or discharged, in whole or in part, except by an instrument in writing signed by both parties hereto, or their respective successors or assigneespermitted assigns.
Appears in 1 contract
Modification. This Agreement shall not be changed, modified, terminatedamended, terminated or discharged, in whole or in part, except by an instrument in writing signed by both parties the Parties hereto, or their respective successors or assigneesassigns.
Appears in 1 contract
Modification. This Agreement shall not be changed, modified, terminated, terminated or discharged, discharged in whole or in part, except by an instrument in writing signed by both parties hereto, or their respective successors or assigneesassigns.
Appears in 1 contract
Samples: Investment Advisory Agreement
Modification. This Agreement shall not be changedaltered, modified, terminated, changed or discharged, in whole or in part, amended except by an instrument in writing signed executed by both parties hereto, or their respective successors or assigneesparties.
Appears in 1 contract
Samples: Tower Lease Agreement
Modification. This Agreement shall not be changedamended, modified, terminated, terminated or discharged, in whole or in part, except by an instrument in writing signed by both the parties hereto, or their respective successors or assigneesassigns.
Appears in 1 contract
Samples: Advisory Agreement
Modification. This Agreement shall not be changed, modified, terminated, or discharged, discharged in whole or in part, except by an instrument in writing signed by both parties hereto, hereto or their respective successors or assigneesassigns or except as set forth in Paragraph 16 above.
Appears in 1 contract
Samples: Investment Management Agreement (Home State Holdings Inc)
Modification. This Agreement shall not be changed, modified, modified terminated, or discharged, in whole or in part, except by an instrument in writing signed by both parties hereto, or their respective successors or assignees.
Appears in 1 contract
Samples: Form of Advisory Agreement (Wells Real Estate Investment Trust Ii Inc)
