Waived Fees. (a) During the period beginning at the time that the Company’s Offering Statement is declared effective by the SEC and continuing until December 31, 2019 (the “Fee Waiver Period”), the Manager agrees to waive its asset management fee.
Waived Fees. (a) During the period beginning on July 1, 2017 and continuing through and including September 30, 2017 (the “Fee Waiver Period”), HMS Adviser hereby waives the portion of the Incentive Fee referred to as the “subordinated incentive fee on income” (as such terms are defined and/or described in the Advisory Agreement), due and payable under the Advisory Agreement by the Company to HMS Adviser in the sole discretion of HMS Adviser taking into account the potential occurrence of any event including, but not automatically triggered by, the Company’s estimate that a distribution declared and payable to the Company’s stockholders during the Fee Waiver Period represents, or would represent when paid, a return of capital for purposes of U.S. federal income tax. The amounts waived pursuant to the preceding sentence shall be referred to herein as the “Waived Fees.” HMS Adviser shall promptly notify the Company and the Sub-Adviser of the amount of any Waived Fees and the Company shall deduct the Waived Fees from the amount, if any, otherwise due and payable by the Company to HMS Adviser pursuant to the terms of the Advisory Agreement for the applicable calendar quarter. If the Incentive Fee owed by the Company to HMS Adviser pursuant to the Advisory Agreement exceeds the Waived Fees, the Company shall pay any such excess amount to HMS Adviser in accordance with the terms of the Advisory Agreement.
Waived Fees. During the period beginning at the time that the Company’s Registration Statement is declared effective by the SEC and continuing through September 30, 2013 (the “Fee Waiver Period”), the Advisers hereby agree to waive the Base Management Fee and/or Incentive Fee, proportionally, as each term is defined and further described in the Advisory Agreement, due and payable by the Company to the Advisers in the event the Company estimates that a distribution declared and payable to the Company’s stockholders during the Fee Waiver Period represents, or would represent when paid, a return of capital for purposes of U.S. federal income tax. The amounts waived pursuant to the preceding sentence shall be referred to herein as the “Waived Fees.” The Company shall promptly notify the Advisers of the amount of any Waived Fees and shall deduct the Waived Fees from the amount, if any, otherwise due and payable by the Company to the Adviser pursuant to the terms of the Advisory Agreement (and therefrom payable by the Adviser to the Sub-Adviser pursuant to the Sub-Advisory Agreement) for the applicable month. If the amount owed by the Company to the Adviser pursuant to the Advisory Agreement exceeds the Waived Fees, the Company shall pay any such excess amount to the Adviser in accordance with the terms of the Advisory Agreement (and therefrom payable by the Adviser to the Sub-Adviser pursuant to the Sub-Advisory Agreement).
Waived Fees. Section 1 of the Fee Waiver Agreement is hereby amended and restated in its entirety to read as follows:
Waived Fees. (a) During the period beginning at the time that the Company’s Offering Statement is declared effective by the SEC and continuing until December 31, 2016 (the “Fee Waiver Period”), the Manager agrees, to waive its asset management fee to the extent that the average annualized non-compounded return to investors of the Company is less than eight percent (8%).
Waived Fees. Bank hereby waives Borrower’s obligation to pay the Bank the following: (i) the Termination Fee set forth in Section 2.6(b) of the Prior Loan Agreement, (ii) the Prepayment Premium set forth in Section 2.6(f) of the Prior Loan Agreement, and (iii) the Anniversary Fees set forth in Section 2.6(g) of the Prior Loan Agreement (said Termination Fee, Prepayment Premium, and Anniversary Fees, collectively, the “Waived Fees”) solely as a result of Borrower’s prepayment and termination of the Prior Loan Agreement. Bank’s waiver of Borrower’s obligation to pay such fees shall apply only to the foregoing specific Waived Fees under the Prior Loan Agreement.
