Common use of Property Disposition Fee Clause in Contracts

Property Disposition Fee. In connection with a Sale of an Investment (except for such Investments that are traded on a national securities exchange) in which the Advisor or any Affiliate of the Advisor provides a substantial amount of services, as determined by the Independent Directors, the Company shall pay to the Advisor or its assignees a Property Disposition Fee up to the lesser of (i) two percent (2.0%) of the Contract Sales Price of such Investment and (ii) one-half of the total brokerage commission paid if a non-Affiliate is also involved; provided, however, that in no event may the Property Disposition Fee paid to the Advisor, its Affiliates and non-Affiliates exceed the lesser of six percent (6.0%) of the Contract Sales Price and a Competitive Real Estate Commission.

Appears in 7 contracts

Samples: Advisory Agreement (American Realty Capital New York Recovery Reit Inc), Advisory Agreement (American Realty Capital New York Recovery Reit Inc), Advisory Agreement (American Realty Capital New York Recovery Reit Inc)

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Property Disposition Fee. In connection with a Sale of an Investment (except for such Investments that are traded on a national securities exchange) Real Estate Asset in which the Advisor or any Affiliate of the Advisor provides a substantial amount of services, as determined by the Independent Directors, the Company shall pay to the Advisor or its assignees a Property Disposition Fee up to the lesser of (i) two one percent (2.01.0%) of the Contract Sales Price of such Investment and Real Estate Asset or (ii) one-half of the total brokerage commission Competitive Real Estate Commission paid if a non-Affiliate broker is also involved; provided, however, that in no event may the Property Disposition Fee Fee, when added to all other real estate commissions paid to the Advisor, its Affiliates and non-Affiliates of the Advisor in connection with such Sale, exceed the lesser of six percent (6.0%) of the Contract Sales Price and a Competitive Real Estate Commission.

Appears in 1 contract

Samples: Advisory Agreement (American Realty Capital Trust III, Inc.)

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Property Disposition Fee. In connection with a Sale of an Investment (except for such Investments that are traded on a national securities exchange) in which the Advisor or any Affiliate of the Advisor provides a substantial amount of services, as determined by the Independent Directors, the Company shall pay to the Advisor or its assignees Affiliate a Property Disposition Fee up to the lesser of (i) two percent (2.0%) of the Contract Sales Price of such Investment and (ii) one-half of the total brokerage commission paid if a non-Affiliate is also involved; provided, however, that in no event may the Property Disposition Fee paid to the Advisor, its Affiliates affiliates and non-Affiliates exceed the lesser of six percent (6.0%) of the Contract Sales Price and a Competitive Real Estate Commission.

Appears in 1 contract

Samples: Advisory Agreement (American Realty Capital New York Recovery Reit Inc)

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