Common use of Release of Money or Other Property Upon Written Request Clause in Contracts

Release of Money or Other Property Upon Written Request. The Advisor agrees that any money or other property of the Company held by the Advisor under this Agreement shall be held by the Advisor as custodian for the Company, and the Advisor’s records shall be clearly and appropriately marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Advisor of a written request signed by a duly authorized officer of the Company requesting the Advisor to release to the Company any money or other property then held by the Advisor for the account of the Company under this Agreement, the Advisor shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) days following such request. The Advisor, its directors, officers, managers and employees will not be liable to the Company, any Subsidiary, the Advisor any of their directors, officers, stockholders, managers, owners or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with the terms hereof. The Company shall indemnify the Advisor and its Affiliates, officers, directors, members, employees, agents and successors and assigns against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever which arise in connection with the Advisor’s release of such money or other property to the Company in accordance with the terms of this Section 9.3.

Appears in 3 contracts

Samples: Advisory Agreement (Newkirk Realty Trust, Inc.), Advisory Agreement (Newkirk Realty Trust, Inc.), Advisory Agreement (Newkirk Realty Trust, Inc.)

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Release of Money or Other Property Upon Written Request. The Advisor Manager agrees that any money or other property of the Company held by the Advisor Manager under this Agreement shall be held by the Advisor Manager as custodian for the Company, and the Advisor’s Manager's records shall be clearly and appropriately marked clearly to reflect the ownership of such money or other property by the Company. Upon the receipt by the Advisor Manager of a written request signed by a duly authorized officer of the Company requesting the Advisor Manager to release to the Company any money or other property then held by the Advisor Manager for the account of the Company under this Agreement, the Advisor Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) 60 days following such request. The Advisor, its directors, officers, managers and employees will Manager shall not be liable to the Company, any Subsidiarysubsidiary, the Advisor any of their directorsIndependent Directors, officers, stockholders, managers, owners or the Company's or a subsidiary's stockholders or partners for any acts performed or omissions to act by the Company in connection with the money or other property released to the Company in accordance with the terms hereofthis Section. The Company shall indemnify the Advisor and Manager, its Affiliatesdirectors, officers, directors, members, employees, agents stockholders and successors and assigns employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever whatsoever, which arise in connection with the Advisor’s Manager's release of such money or other property to the Company in accordance with the terms of this Section 9.316. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 10 of this Agreement.

Appears in 2 contracts

Samples: Agreement to Extend Management Agreement (Friedman Billings Ramsey Group Inc), Management Agreement (FBR Asset Investment Corp Md)

Release of Money or Other Property Upon Written Request. The Advisor agrees that any money or other property of the Company held by the Advisor under this Agreement shall be held by the Advisor as custodian for the Company, and the Advisor’s records shall be clearly and appropriately marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Advisor of a written request signed by a duly authorized officer of the Company requesting the Advisor to release to the Company any money or other property then held by the Advisor for the account of the Company under this Agreement, the Advisor shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) days following such request. The Advisor, its directors, officers, managers managers, stockholders and employees will not be liable to the Company, any Subsidiary, the Advisor any of their directors, officers, stockholders, managers, owners or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with the terms hereof. The Company shall indemnify the Advisor and its Advisor Affiliates, officers, directors, membersstockholders, employees, agents and successors and assigns against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever which arise in connection with the Advisor’s release of such money or other property to the Company in accordance with the terms of this Section 9.3.

Appears in 2 contracts

Samples: Advisory Agreement (Arizona Land Income Corp), Advisory Agreement (Arizona Land Income Corp)

Release of Money or Other Property Upon Written Request. The Advisor Manager agrees that any money or other property of the Company held by the Advisor under this Agreement Manager shall be held by the Advisor Manager as custodian for the Company, and the AdvisorManager’s records shall be appropriately and clearly and appropriately marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Advisor Manager of a written request signed by a duly authorized officer of the Company requesting the Advisor Manager to release to the Company any money or other property then held by the Advisor Manager for the account of the Company under this Agreement, the Advisor Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty sixty (3060) days following such request. The AdvisorUpon delivery of such money or other property to the Company, its directors, officers, managers and employees will the Manager shall not be liable to the Company, any Subsidiarythe Board, or the Advisor any of their directors, officers, Company’s stockholders, managers, owners partners or partners members for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with the terms hereofthis Section 14. The Company shall indemnify the Advisor Manager and its Affiliates, and any of their members, stockholders, managers, partners, personnel, officers, directors, members, employees, agents consultants and successors and assigns any person providing sub-advisory services to the Manager against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever which Losses that arise in connection with the AdvisorManager’s proper release of such money or other property to the Company in accordance with the terms of this Section 9.314. Indemnification pursuant to this provision shall be in addition to any right of the Manager and its Affiliates, and any of their members, stockholders, managers, partners, personnel, officers, directors, employees, consultants and any person providing sub-advisory services to the Manager to indemnification under Section 7(d) hereof.

Appears in 2 contracts

Samples: Management Agreement (Granite Point Mortgage Trust Inc.), Management Agreement (Granite Point Mortgage Trust Inc.)

Release of Money or Other Property Upon Written Request. The Advisor Manager agrees that any money or other property of the Company held by the Advisor under this Agreement Manager shall be held by the Advisor Manager as custodian for the Company, and the Advisor’s Manager's records shall be appropriately and clearly and appropriately marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Advisor Manager of a written request signed by a duly authorized officer of the Company requesting the Advisor Manager to release to the Company any money or other property then held by the Advisor Manager for the account of the Company under this Agreement, the Advisor Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) 60 days following such request. The AdvisorUpon delivery of such money or other property to the Company, its directors, officers, managers and employees will the Manager shall not be liable to the Company, any Subsidiarythe Board, or the Advisor any of their directors, officers, Company's stockholders, managers, owners partners or partners members for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with the terms hereofthis Section 14. The Company shall indemnify the Advisor Manager and its Affiliates, and any of their members, stockholders, managers, partners, personnel, officers, directors, members, employees, agents consultants and successors and assigns any person providing sub-advisory services to the Manager against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever which Losses that arise in connection with the Advisor’s Manager's proper release of such money or other property to the Company in accordance with the terms of this Section 9.314. Indemnification pursuant to this provision shall be in addition to any right of the Manager and its Affiliates, and any of their members, stockholders, managers, partners, personnel, officers, directors, employees, consultants and any person providing sub-advisory services to the Manager to indemnification under Section 7(d) hereof.

Appears in 2 contracts

Samples: Management Agreement (Ares Commercial Real Estate Corp), Management Agreement (Ares Commercial Real Estate Corp)

Release of Money or Other Property Upon Written Request. The Advisor Manager agrees that any money or other property of the Company held by the Advisor Manager under this Agreement shall be held by the Advisor Manager as custodian for the Company, and the Advisor’s Manager's records shall be clearly and appropriately marked clearly to reflect the ownership of such money or other property by the Company. Upon the receipt by the Advisor Manager of a written request signed by a duly authorized officer of the Company requesting the Advisor Manager to release to the Company any money or other property then held by the Advisor Manager for the account of the Company under this Agreement, the Advisor Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) days following such request. The Advisor, its directors, officers, managers and employees will Manager shall not be liable to the Company, any Subsidiary, the Advisor any of their directors, officers, stockholders, managers, owners Independent Directors or partners the Company's shareholders for any acts performed or omissions to act by the Company in connection with the money or other property released to the Company in accordance with this Section. Subject to the terms hereof. The foregoing, the Company shall indemnify the Advisor and Manager, its Affiliatesdirectors, officers, directors, members, employees, agents shareholders and successors and assigns employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever whatsoever, which arise in connection with the Advisor’s Manager's release of such money or other property to the Company in accordance with the terms of this Section 9.317. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.

Appears in 1 contract

Samples: Management Agreement (Thornburg Mortgage Inc)

Release of Money or Other Property Upon Written Request. The Advisor agrees that any money or other property of the Company held by the Advisor under this Agreement shall be held by the Advisor as custodian for the Company, and the Advisor’s 's records shall be clearly and appropriately marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Advisor of a written request signed by a duly authorized officer of the Company requesting the Advisor to release to the Company any money or other property then held by the Advisor for the account of the Company under this Agreement, the Advisor shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) days following such request. The Advisor, its directors, officers, managers managers, stockholders and employees will not be liable to the Company, any Subsidiary, the Advisor any of their directors, officers, stockholders, managers, owners or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with the terms hereof. The Company shall indemnify the Advisor and its Advisor Affiliates, officers, directors, membersstockholders, employees, agents and successors and assigns against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever which arise in connection with the Advisor’s 's release of such money or other property to the Company in accordance with the terms of this Section 9.38.3.

Appears in 1 contract

Samples: Advisory Agreement (Pacific Office Properties Trust, Inc.)

Release of Money or Other Property Upon Written Request. The Advisor Manager agrees that any money or other property of the Company held by the Advisor Manager under this Agreement shall be held by the Advisor Manager as custodian for the Company, and the AdvisorManager’s records shall be clearly and appropriately marked clearly to reflect the ownership of such money or other property by the Company. Upon the receipt by the Advisor Manager of a written request signed by a duly authorized officer of the Company requesting the Advisor Manager to release to the Company any money or other property then held by the Advisor Manager for the account of the Company under this Agreement, the Advisor Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) days following such request. The Advisor, its directors, officers, managers and employees will Manager shall not be liable to the Company, any Subsidiary, the Advisor any of their directors, officers, stockholders, managers, owners Independent Directors or partners the Company’s shareholders for any acts performed or omissions to act by the Company in connection with the money or other property released to the Company in accordance with this Section. Subject to the terms hereof. The foregoing, the Company shall indemnify the Advisor and Manager, its Affiliatesdirectors, officers, directors, members, employees, agents shareholders and successors and assigns employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever whatsoever, which arise in connection with the AdvisorManager’s release of such money or other property to the Company in accordance with the terms of this Section 9.319. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 13 of this Agreement.

Appears in 1 contract

Samples: Management Agreement (Belvedere Trust Mortgage CORP)

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Release of Money or Other Property Upon Written Request. The Advisor Manager agrees that any money or other property of the Company held by the Advisor Manager under this Agreement shall be held by the Advisor Manager as custodian for the Company, and the AdvisorManager’s records shall be clearly and appropriately marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Advisor Manager of a written request signed by a duly authorized officer of the Company requesting the Advisor Manager to release to the Company any money or other property then held by the Advisor Manager for the account of the Company under this Agreement, the Advisor Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) 30 days following such request. The AdvisorManager and its Affiliates, its directorsTrustees, officers, managers and employees will not be liable to the Company, any Subsidiary, the Advisor Manager or any of their directorsTrustees, officers, stockholdersshareholders, managers, employees, owners or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with the terms hereof. The Company shall indemnify the Advisor Manager and its Affiliates, officers, directors, membersTrustees, employees, agents and successors and assigns against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever which arise in connection with the AdvisorManager’s release of such money or other property to the Company in accordance with the terms of this Section 9.317. Indemnification pursuant to this Section 17 shall be in addition to any right of the Manager to indemnification under Section 11.

Appears in 1 contract

Samples: Management Agreement

Release of Money or Other Property Upon Written Request. The Advisor Manager agrees that any money or other property of the Company held by the Advisor Manager under this Agreement shall be held by the Advisor Manager as custodian for the Company, and the AdvisorManager’s records shall be clearly and appropriately marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Advisor Manager of a written request signed by a duly authorized officer of the Company requesting the Advisor Manager to release to the Company any money or other property then held by the Advisor Manager for the account of the Company under this Agreement, the Advisor Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) days following such request. The AdvisorManager, its directors, officers, managers and employees will not be liable to the Company, any Subsidiary, the Advisor Manager any of their directors, officers, stockholders, managers, owners or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with the terms hereof. The Company shall indemnify the Advisor Manager and its Affiliates, officers, directors, Investment Strategy Committee members, employees, agents and successors and assigns against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever which arise in connection with the AdvisorManager’s release of such money or other property to the Company in accordance with the terms of this Section 9.316. Indemnification pursuant to this Section 16 shall be in addition to any right of the Manager to indemnification under Section 11.

Appears in 1 contract

Samples: Management Agreement (Crystal River Capital, Inc.)

Release of Money or Other Property Upon Written Request. The Advisor Manager agrees that any money or other property of the Company held by the Advisor Manager under this Agreement shall be held by the Advisor Manager as custodian for the Company, and the Advisor’s Manager's records shall be clearly and appropriately marked clearly to reflect the ownership of such money or other property by the Company. Upon the receipt by the Advisor Manager of a written request signed by a duly authorized officer of the Company requesting the Advisor Manager to release to the Company any money or other property then held by the Advisor Manager for the account of the Company under this Agreement, the Advisor Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) 60 days following such request. The Advisor, its directors, officers, managers and employees will Manager shall not be liable to the Company, any Subsidiary, the Advisor any of their directors, officers, stockholders, managers, owners or the Company's stockholders or partners for any acts performed or omissions to act by the Company in connection with the money or other property released to the Company in accordance with the terms hereofthis Section. The Company shall indemnify the Advisor and Manager, its Affiliatesdirectors, officers, directors, members, employees, agents stockholders and successors and assigns employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever whatsoever, which arise in connection with the Advisor’s Manager's release of such money or other property to the Company in accordance with the terms of this Section 9.315 of this Agreement. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 9 of this Agreement.

Appears in 1 contract

Samples: Management Agreement (Ibf Vi Guaranteed Income Fund)

Release of Money or Other Property Upon Written Request. The Advisor agrees that any money or other property of the Company held by the Advisor under this Agreement shall be held by the Advisor as custodian for the Company, Company and the Advisor’s records shall be clearly and appropriately marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Advisor of a written request signed by a duly authorized officer of the Company requesting the Advisor to release to the Company any money or other property then held by the Advisor for the account of the Company under this Agreement, the Advisor shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) days following such request. The Advisor, its directors, officers, managers managers, stockholders and employees will not be liable to the Company, any Subsidiary, the Advisor any of their directors, officers, stockholders, managers, owners or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with the terms hereof. The Company shall indemnify the Advisor and its Advisor Affiliates, officers, directors, membersstockholders, employees, agents and successors and assigns against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever which arise in connection with the Advisor’s release of such money or other property to the Company in accordance with the terms of this Section 9.3.

Appears in 1 contract

Samples: Advisory Agreement (Pacific Office Properties Trust, Inc.)

Release of Money or Other Property Upon Written Request. The Advisor Manager agrees that any money or other property of the Company held by the Advisor Manager under this Agreement shall be held by the Advisor Manager as custodian for the Company, and the AdvisorManager’s records shall be clearly and appropriately marked clearly to reflect the ownership of such money or other property by the Company. Upon the receipt by the Advisor Manager of a written request signed by a duly authorized officer of the Company requesting the Advisor Manager to release to the Company any money or other property then held by the Advisor Manager for the account of the Company under this Agreement, the Advisor Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) days following such request. The Advisor, its directors, officers, managers and employees will Manager shall not be liable to the Company, any Subsidiary, the Advisor any of their directors, officers, stockholders, managers, owners Independent Directors or partners the Company’s shareholders for any acts performed or omissions to act by the Company in connection with the money or other property released to the Company in accordance with this Section. Subject to the terms hereof. The foregoing, the Company shall indemnify the Advisor and Manager, its Affiliatesdirectors, officers, directors, members, employees, agents shareholders and successors and assigns employees against any and all expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever whatsoever, which arise in connection with the AdvisorManager’s release of such money or other property to the Company in accordance with the terms of this Section 9.319. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 11 of this Agreement.

Appears in 1 contract

Samples: Management Agreement (Thornburg Mortgage Inc)

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