Common use of WAIVER OF CERTAIN FEES Clause in Contracts

WAIVER OF CERTAIN FEES. Subject to the terms set forth herein, effective upon consummation of the Merger in accordance with the Merger Agreement, the Advisor hereby waives any claim or right it has to any Subordinated Performance Fee or Disposition Fee that would otherwise be payable by the Company to the Advisor in accordance with the Advisory Agreement as a result of the Merger. For the avoidance of doubt, such waiver does not pertain to, and the Company agrees to pay amounts payable in respect of, the reimbursement for expenses incurred by the Advisor and its Affiliates in connection with its services to the Company in connection with the Merger pursuant to Section 3.02 of the Advisory Agreement. After the payments described in the foregoing sentence and Section 4.03(a) of the Advisory Agreement (as amended as set forth in Section 5 below) have been paid, the Advisor hereby acknowledges and agrees that all fees, payments and other amounts owed to the Advisor under the Advisory Agreement have been satisfied in full.

WAIVER OF CERTAIN FEES. Subject to the terms set forth herein, effective upon consummation of the Merger in accordance with the Merger Agreement, the Advisor hereby waives any claim or right it has to any Subordinated Performance Fee or Disposition Fee that would otherwise be payable by the Company to the Advisor in accordance with the Advisory Agreement as a result of the Merger. For the avoidance of doubt, such waiver does not pertain to, and the Company agrees to pay amounts payable in respect of, the reimbursement for expenses incurred by the Advisor and its Affiliates in connection with its services to the Company in connection with the Merger pursuant to Section 3.02 of the Advisory Agreement. After the payments described in the foregoing sentence and Section 4.03(a) of the Advisory Agreement (as amended as set forth in by Section 5 below) have been paidpaid , the Advisor hereby acknowledges and agrees that all fees, payments and other amounts owed to the Advisor under the Advisory Agreement have been satisfied in full.