TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Adviser immediately upon a Change of Control of the Company or Operating Partnership; (ii) immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the Adviser; or (iii) upon 60 days’ written notice without Cause or penalty by a majority vote of the Independent Directors; or (iv) upon 60 days’ written notice by the Adviser. The provisions of Sections 18 through 22 survive termination of this Agreement.
Appears in 13 contracts
Samples: Advisory Agreement (Blackstone Real Estate Income Trust, Inc.), Advisory Agreement (Apollo Realty Income Solutions, Inc.), Advisory Agreement (Blackstone Real Estate Income Trust, Inc.)
TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Adviser immediately upon a Change of Control of the Company or Operating Partnership; (ii) immediately by the Company or and/or the Operating Partnership for Cause or upon the bankruptcy of the AdviserAdvisor; or (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; (iii) upon 60 days’ days prior written notice without Cause or Good Reason and without penalty by a majority vote of the Independent DirectorsAdvisor; or (iv) upon 60 days’ written notice immediately by the AdviserAdvisor for Good Reason or upon the bankruptcy of the Company. The provisions of Sections 18 through 22 18, 19, 20, 30 and 33 shall survive any termination of this Agreement.
Appears in 13 contracts
Samples: Advisory Agreement (Macquarie CNL Global Income Trust, Inc.), Advisory Agreement (Global Growth Trust, Inc.), Advisory Agreement (Global Income Trust, Inc.)
TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Adviser Advisor immediately upon a Change of Control of the Company or Operating Partnership; (ii) immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the AdviserAdvisor; or (iii) upon 60 days’ written notice without Cause or penalty by a majority vote of the Independent Directors; or (iv) upon 60 days’ written notice by the AdviserAdvisor. The provisions of Sections 18 through 22 survive termination of this Agreement.
Appears in 10 contracts
Samples: Advisory Agreement (Starwood Real Estate Income Trust, Inc.), Advisory Agreement (Cohen & Steers Income Opportunities REIT, Inc.), Advisory Agreement (Starwood Real Estate Income Trust, Inc.)
TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Adviser immediately upon a Change of Control of the Company or Operating Partnership; (ii) immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the Adviser; or (iii) upon 60 days’ written notice without Cause or penalty by a majority vote of the Independent Directors; or (iv) upon 60 days’ written notice by the Adviser. The provisions of Sections 18 through 22 23 survive termination of this Agreement.
Appears in 10 contracts
Samples: Advisory Agreement (BGO Industrial Real Estate Income Trust, Inc.), Form of Advisory Agreement (BGO Industrial Real Estate Income Trust, Inc.), Advisory Agreement (J.P. Morgan Real Estate Income Trust, Inc.)
TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Adviser immediately upon a Change of Control of the Company or Operating Partnership; (ii) immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the Adviser; Advisor, (ii) upon 60 days written notice without Cause and without penalty by a majority of the Independent Directors of the Company or (iii) upon 60 days’ days written notice without Cause or penalty by a majority vote of the Independent Directors; or (iv) upon 60 days’ written notice with Good Reason by the AdviserAdvisor. The provisions of Sections 18 through 22 31 survive termination of this Agreement.
Appears in 7 contracts
Samples: Advisory Agreement (Moody National REIT I, Inc.), Advisory Agreement (Moody National REIT I, Inc.), Advisory Agreement (Moody National REIT I, Inc.)
TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Adviser immediately upon a Change of Control of the Company or Operating Partnership; (ii) immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the Adviser; Advisor, (ii) upon 60 days written notice without Cause and without penalty by a majority of the Independent Directors of the Company or (iii) upon 60 days’ days written notice without Cause or penalty by a majority vote of the Independent Directors; or (iv) upon 60 days’ written notice with Good Reason by the AdviserAdvisor. The provisions of Sections 18 17 through 22 30 survive termination of this Agreement.
Appears in 6 contracts
Samples: Advisory Agreement (Moody National REIT II, Inc.), Agreement and Plan of Merger (Moody National REIT II, Inc.), Advisory Agreement (Moody National REIT II, Inc.)
TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Adviser immediately upon a Change of Control of the Company or Operating Partnership; (ii) immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the Adviser; Advisor, (ii) upon 60 days’ written notice without Cause and without penalty by a majority of the Independent Directors of the Company or (iii) upon 60 days’ written notice without Cause or penalty by a majority vote of the Independent Directors; or (iv) upon 60 days’ written notice with Good Reason by the AdviserAdvisor. The provisions of Sections 18 17 through 22 31 survive termination of this Agreement.
Appears in 5 contracts
Samples: Advisory Agreement (MVP REIT II, Inc.), Form of Advisory Agreement (MVP REIT II, Inc.), Form of Advisory Agreement (MVP REIT II, Inc.)
TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Adviser immediately upon a Change of Control of the Company or the Operating Partnership; (ii) immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the Adviser; or (iii) by the Company upon 60 days’ written notice without Cause or penalty by a majority vote of the Independent Directors; or (iv) by the Adviser upon 60 days’ written notice by to the AdviserCompany. The provisions of Sections 18 19 through 22 23 survive termination of this Agreement.
Appears in 4 contracts
Samples: Adviser Transition Agreement (Oaktree Real Estate Income Trust, Inc.), Advisory Agreement (Brookfield Real Estate Income Trust Inc.), Advisory Agreement (Oaktree Real Estate Income Trust, Inc.)
TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Adviser immediately upon a Change of Control of by the Company or the Operating Partnership; Partnership upon a material breach of this Agreement by the Advisor, (ii) immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the Adviser; or (iii) upon 60 days’ written notice without Cause or penalty by a majority vote of the Independent Directors; or (iv) upon 60 days’ written notice by the Adviser. The provisions of Sections 18 through 22 24 survive termination of this Agreement.
Appears in 3 contracts
Samples: Advisory Agreement (EQT Exeter Real Estate Income Trust, Inc.), Advisory Agreement (EQT Exeter Real Estate Income Trust, Inc.), Advisory Agreement (EQT Exeter Real Estate Income Trust, Inc.)
TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Adviser immediately upon a Change of Control of the Company or Operating Partnership; (ii) immediately by the Company or and/or the Operating Partnership for Cause or upon the bankruptcy of the AdviserAdvisor; or (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; (iii) upon 60 days’ days prior written notice without Cause or Good Reason and without penalty by a majority vote of the Independent DirectorsAdvisor; or (iv) upon 60 days’ written notice immediately by the AdviserAdvisor for Good Reason or upon the bankruptcy of the Company. The provisions of Sections 18 through 22 9(e), 9(f), 18, 19, 20, and 30 shall survive any termination of this Agreement.
Appears in 3 contracts
Samples: Form of Advisory Agreement (CNL Diversified Lifestyle Properties, Inc.), Advisory Agreement (CNL Properties Trust, Inc.), Form of Advisory Agreement (CNL Properties Trust, Inc.)
TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Adviser immediately upon a Change of Control of the Company or Operating Partnership; (ii) immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the Adviser; Advisor, (ii) upon 60 days' written notice without Cause and without penalty by a majority of the Independent Directors of the Company or (iii) upon 60 days’ ' written notice without Cause or penalty by a majority vote of the Independent Directors; or (iv) upon 60 days’ written notice with Good Reason by the AdviserAdvisor. The provisions of Sections 18 17 through 22 31 survive termination of this Agreement.
Appears in 3 contracts
Samples: Advisory Agreement (MVP REIT II, Inc.), Agreement and Plan of Merger (MVP REIT, Inc.), Agreement and Plan of Merger (MVP REIT II, Inc.)
TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Adviser immediately upon a Change of Control of the Company or Operating Partnership; (ii) immediately by the Company or and/or the Operating Partnership for Cause or upon the bankruptcy of the AdviserAdvisor; or (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; (iii) upon 60 days’ days prior written notice without Cause or Good Reason and without penalty by a majority vote of the Independent DirectorsAdvisor; or (iv) upon 60 days’ written notice immediately by the Adviser. The provisions Advisor for Good Reason or upon the bankruptcy of Sections 18 through 22 survive termination of this Agreementthe Company.
Appears in 3 contracts
Samples: Advisory Agreement (CNL Macquarie Global Growth Trust, Inc.), Advisory Agreement (CNL Macquarie Global Income Trust, Inc.), Advisory Agreement (CNL Macquarie Global Growth Trust, Inc.)
TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Adviser immediately upon a Change of Control of the Company or Operating Partnership; (ii) immediately by the Company or and/or the Operating Partnership for Cause or upon the bankruptcy of the AdviserAdvisor; or (ii) upon 60 days’ prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; (iii) upon 60 days’ prior written notice without Cause or Good Reason and without penalty by a majority vote of the Independent DirectorsAdvisor; or (iv) upon 60 days’ written notice immediately by the AdviserAdvisor for Good Reason or upon the bankruptcy of the Company. The provisions of Sections 18 through 22 9(f), 9(g), 19, 20, 21, and 31 shall survive any termination of this Agreement.
Appears in 2 contracts
Samples: Form of Advisory Agreement (CNL Healthcare Properties II, Inc.), Advisory Agreement (CNL Healthcare Properties II, Inc.)
TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Adviser immediately upon a Change of Control of the Company or Operating Partnership; (ii) immediately by the Company or and/or the Operating Partnership for Cause or upon the bankruptcy of the AdviserAdvisor; or (ii) upon 60 days’ prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; (iii) upon 60 days’ prior written notice without Cause or Good Reason and without penalty by a majority vote of the Independent DirectorsAdvisor; or (iv) upon 60 days’ written notice immediately by the AdviserAdvisor for Good Reason or upon the bankruptcy of the Company. The provisions of Sections 18 through 22 9(f), 9(g), 10(b)-10(e), 19, 20, 21, and 31 shall survive any termination of this Agreement.
Appears in 2 contracts
Samples: Advisory Agreement (CNL Healthcare Properties II, Inc.), Form of Advisory Agreement (CNL Healthcare Properties II, Inc.)
TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Adviser immediately upon a Change of Control of the Company or Operating Partnership; (ii) immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the Adviser; Advisor, (ii) upon 60 days written notice without Cause and without penalty by a majority of the Independent Directors of the Company or (iii) upon 60 days’ days written notice without Cause or and without penalty by a majority vote of the Independent Directors; or (iv) upon 60 days’ written notice by the AdviserAdvisor. The provisions of Sections 18 through 22 31 survive termination of this Agreement.
Appears in 2 contracts
Samples: Advisory Agreement (Green Realty Trust, Inc.), Advisory Agreement (Green Realty Trust, Inc.)
TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Adviser immediately upon a Change of Control of the Company or the Operating Partnership; (ii) immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the Adviser; or (iii) upon 60 days’ written notice without Cause or penalty by a majority vote of the Independent DirectorsTrustees; or (iv) upon 60 days’ written notice by the Adviser. The provisions of Sections 18 17 through 22 survive termination of this Agreement.
Appears in 2 contracts
Samples: Form of Advisory Agreement (North Haven Net REIT), Advisory Agreement (North Haven Net REIT)
TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Adviser immediately upon a Change of Control of the Company or Operating PartnershipCompany; (ii) immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the Adviser; or (iii) upon 60 days’ written notice without Cause or penalty by a majority vote of the Independent Directors; or (iv) upon 60 days’ written notice by the Adviser. The provisions of Sections 18 19 through 22 23 survive termination of this Agreement.
Appears in 1 contract
Samples: Advisory Agreement (Oaktree Real Estate Income Trust, Inc.)
TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Adviser immediately upon a Change of Control of the Company or Operating Partnership; (ii) immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the Adviser; or (iii) upon 60 days’ written notice without Cause or penalty by a majority vote of the Independent Directors; or (iv) upon 60 days’ written notice by the Adviser. The provisions of Sections 18 through 22 survive termination of this Agreement. 17.
Appears in 1 contract
Samples: Advisory Agreement (Blackstone Real Estate Income Trust, Inc.)
TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Adviser immediately upon a Change of Control of by the Company or the Operating Partnership; Partnership upon a material breach of this Agreement by the Advisor, (ii) immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the AdviserAdvisor; or (iii) upon 60 days’ written notice without Cause or penalty by a majority vote of the Independent Directors; or (iv) upon 60 days’ written notice by the AdviserAdvisor. The provisions of Sections 18 through 22 24 survive termination of this Agreement.
Appears in 1 contract
Samples: Advisory Agreement (Ashford Inc.)
TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Adviser immediately upon a Change of Control of the Company or Operating Partnership; (ii) immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the Adviser; or (iiiii) upon 60 days’ ' written notice without Cause or penalty by a majority vote of the Independent Directors; or (iviii) upon 60 days’ ' written notice by the Adviser. The provisions of Sections 18 through 22 survive termination of this Agreement.
Appears in 1 contract
Samples: Advisory Agreement (Apollo Realty Income Solutions, Inc.)
TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Adviser immediately upon a Change of Control of the Company or Operating Partnership; (ii) immediately by the Company or and/or the Operating Partnership for Cause or upon the bankruptcy of the AdviserAdvisor; or (ii) upon 60 days’ prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; (iii) upon 60 days’ prior written notice without Cause or Good Reason and without penalty by a majority vote of the Independent DirectorsAdvisor; or (iv) upon 60 days’ written notice immediately by the AdviserAdvisor for Good Reason or upon the bankruptcy of the Company. The provisions of Sections 18 through 22 9(b), 9(c), 19, 20, 21, and 31 shall survive any termination of this Agreement.
Appears in 1 contract
Samples: Advisory Agreement (CNL Healthcare Properties II, Inc.)
TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Adviser Advisor immediately upon a Change of Control of the Company or Operating Partnership; (ii) immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the AdviserAdvisor; or (iii) upon 60 days’ written notice without Cause or penalty by a majority vote of the Independent Directors; or (iv) upon 60 days’ written notice by the AdviserAdvisor. The provisions of Sections 18 through 22 and 25 through 26 survive termination of this Agreement.
Appears in 1 contract
Samples: Advisory Agreement (IPC Alternative Real Estate Income Trust, Inc.)
TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Adviser immediately upon a Change of Control of the Company or Operating Partnership; (ii) immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the Adviser; Advisor, (ii) upon 60 days written notice without Cause and without penalty by a majority of the Independent Directors of the Company or (iii) upon 60 days’ days written notice without Cause or penalty by a majority vote of the Independent Directors; or (iv) upon 60 days’ written notice with Good Reason by the Adviser. The provisions of Sections 18 through 22 survive termination of this AgreementAdvisor.
Appears in 1 contract
