Common use of Subordinated Performance Fee Due Upon Termination Clause in Contracts

Subordinated Performance Fee Due Upon Termination. Subordinated Performance Fee Due Upon Termination means a fee equal to (1) 15% of the amount, if any, by which (a) the Appraised Value of the Company’s Properties at the Termination Date, less amounts of all indebtedness secured by the Company’s Properties, plus the fair market value of all other Loans and Permitted Investments of the Company at the Termination Date, less amounts of indebtedness related to such Loans and Permitted Investments, plus total Distributions (excluding any stock dividend and Distributions paid on Shares that have been redeemed by the Company) through the Termination Date exceeds (b) the sum of Invested Capital plus total Distributions required to be made to the stockholders in order to pay the Stockholders’ 8% Return from inception through the Termination Date to then existing Stockholders less (2) any prior payment to the Advisor of a Subordinated Share of Net Sales Proceeds. For the purpose of the foregoing calculations, all asset values and liabilities shall be adjusted to exclude the portion of such amounts allocable to minority interest holders not otherwise considered in the calculation in the value of Joint Ventures.

Appears in 4 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)

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Subordinated Performance Fee Due Upon Termination. Subordinated Performance Fee Due Upon Termination means a fee equal to (1) 15% of the amount, if any, by which (a) the Appraised Value of the Company’s 's Properties at the Termination Date, less amounts of all indebtedness secured by the Company’s 's Properties, plus the fair market value of all other Loans and Permitted Investments of the Company at the Termination Date, less amounts of indebtedness related to such Loans and Permitted Investments, plus total Distributions (excluding any stock dividend and Distributions paid on Shares that have been redeemed by the Company) through the Termination Date exceeds (b) the sum of Invested Capital plus total Distributions required to be made to the stockholders in order to pay the Stockholders' 8% Return from inception through the Termination Date to then existing Stockholders less (2) any prior payment to the Advisor of a Subordinated Share of Net Sales Proceeds. For the purpose of the foregoing calculations, all asset values and liabilities shall be adjusted to exclude the portion of such amounts allocable to minority interest holders not otherwise considered in the calculation in the value of Joint Ventures.

Appears in 3 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)

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Subordinated Performance Fee Due Upon Termination. Subordinated Performance Fee Due Upon Termination means a fee equal to (1) 15% of the amount, if any, by which (a) the Appraised Value of the Company’s Properties at the Termination Date, less amounts of all indebtedness secured by the Company’s Properties, plus the fair market value of all other Loans and Permitted Investments of the Company at the Termination Date, less amounts of indebtedness related to such Loans and Permitted Investments, plus total Distributions (excluding any stock dividend and Distributions paid on Shares that have been redeemed by the Company) through the Termination Date exceeds (b) the sum of Invested Capital plus total Distributions required to be made to the stockholders in order to pay the Stockholders’ 8% Return from inception through the Termination Date to then then-existing Stockholders less (2) any prior payment to the Advisor of a Subordinated Share of Net Sales Proceeds. For the purpose of the foregoing calculations, all asset values and liabilities shall be adjusted to exclude the portion of such amounts allocable to minority interest holders not otherwise considered in the calculation in the value of Joint Ventures.

Appears in 2 contracts

Samples: Advisory Agreement (Wells Core Office Income Reit Inc), Form of Advisory Agreement (Wells Real Estate Investment Trust Iii Inc)

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