Common use of Approval by the Board Clause in Contracts

Approval by the Board. Notwithstanding the foregoing, the Advisor may not take any action on behalf of the Company without the prior approval of the Board or duly authorized committees thereof if the Charter or Maryland General Corporation Law require the prior approval of the Board. If the Board or a committee of the Board must approve a proposed investment, financing or disposition or chooses to do so, the Advisor will deliver to the Board or committee, as applicable, all documents required by it to evaluate such investment, financing or disposition.

Appears in 92 contracts

Samples: Advisory Agreement (Pacific Oak Strategic Opportunity REIT, Inc.), Advisory Agreement (Pacific Oak Strategic Opportunity REIT, Inc.), Advisory Agreement (Pacific Oak Strategic Opportunity REIT, Inc.)

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Approval by the Board. Notwithstanding the foregoing, the Advisor may not take any action on behalf of the Company without the prior approval of the Board or duly authorized committees thereof if the Charter Articles of Incorporation or Maryland General Corporation Law require the prior approval of the Board. If the Board or a committee of the Board must approve a proposed investment, financing or disposition or chooses to do so, the The Advisor will deliver to the Board or committee, as applicable, all documents required by it to evaluate such investment, financing or dispositiona proposed investment (and any related financing).

Appears in 37 contracts

Samples: Advisory Agreement (KBS Real Estate Investment Trust III, Inc.), Advisory Agreement (KBS Real Estate Investment Trust II, Inc.), Advisory Agreement (KBS Real Estate Investment Trust III, Inc.)

Approval by the Board. Notwithstanding the foregoing, the Advisor may not take any action on behalf of the Company (or its Subsidiaries) without the prior approval of the Board or duly authorized committees thereof if the Charter or Maryland General Corporation Law require the prior approval of the BoardBoard (or if the governing documents or governing law applicable to any Subsidiary require the prior approval of the governing body of such Subsidiary). If the Board or a committee of the Board must approve a proposed investment, financing or disposition or chooses to do so, the Advisor will deliver to the Board or committee, as applicable, all documents required by it to evaluate such investment, financing or disposition.

Appears in 29 contracts

Samples: Advisory Agreement (Cottonwood Communities, Inc.), Advisory Agreement (Resource Real Estate Opportunity REIT II, Inc.), Advisory Agreement (Cottonwood Communities, Inc.)

Approval by the Board. Notwithstanding the foregoing, the Advisor may not take any action on behalf of the Company without the prior approval of the Board or duly authorized committees thereof if the Charter Articles of Incorporation or Maryland General Corporation Law require the prior approval of the Board. If the Board or a committee of the Board must approve a proposed investment, financing or disposition or chooses to do so, the Advisor will deliver to the Board or committee, as applicable, all documents required by it to evaluate such investment, financing or disposition.

Appears in 13 contracts

Samples: Advisory Agreement (KBS Growth & Income REIT, Inc.), Advisory Agreement (KBS Growth & Income REIT, Inc.), Advisory Agreement (KBS Growth & Income REIT, Inc.)

Approval by the Board. Notwithstanding the foregoing, the Advisor may not take any action on behalf of the Company without the prior approval of the Board or duly authorized committees thereof if the Charter Articles of Incorporation or Maryland General Corporation Law require the prior approval of the Board. If the Board or a committee of the Board must approve a proposed investment, financing or disposition or chooses to do so, the The Advisor will deliver to the Board or committee, as applicable, all documents reasonably required by it to evaluate such investment, financing or dispositiona proposed investment (and any related financing).

Appears in 7 contracts

Samples: Advisory Agreement (Phillips Edison - ARC Shopping Center REIT Inc.), Advisory Agreement (Phillips Edison - ARC Shopping Center REIT Inc.), Advisory Agreement (Corporate Income Properties - ARC, Inc.)

Approval by the Board. Notwithstanding the foregoing, the Advisor may not take any action on behalf of the Company without the prior approval of the Board or duly authorized committees thereof if the Charter or Maryland General Corporation Law require the prior approval of the Board. If the Board or a committee of the Board must approve a proposed investmenttransaction, financing or disposition or chooses to do so, the Advisor will deliver to the Board or committeethe appropriate committee of the Board, as applicable, all documents required by it the Board or such committee thereof to evaluate such investment, financing or dispositiontransaction.

Appears in 3 contracts

Samples: Advisory Agreement (Independence Mortgage Trust, Inc.), Advisory Agreement (Independence Mortgage Trust, Inc.), Advisory Agreement (Independence Mortgage Trust, Inc.)

Approval by the Board. Notwithstanding the foregoing, the Advisor may not take any action on behalf of the Company without the prior approval of the Board or duly authorized committees thereof if the Charter or Maryland General Corporation Law require the prior approval of the Board. If the Board or a committee of the Board must approve a proposed investment, financing or disposition disposition, or chooses to do so, the Advisor will deliver to the Board or committeethe appropriate committee of the Board, as applicable, all documents required by it the Board or such committee thereof to evaluate such investment, financing or disposition.

Appears in 3 contracts

Samples: Advisory Agreement (O'Donnell Strategic Industrial REIT, Inc.), Form of Advisory Agreement (O'Donnell Strategic Gateway REIT, Inc.), Agreement (O'Donnell Strategic Gateway REIT, Inc.)

Approval by the Board. Notwithstanding the foregoing, the Advisor may not take any action on behalf of the Company without the prior approval of the Board or duly authorized committees thereof if the Charter or Maryland General Corporation Law require the prior approval of the Board. If the Board or a committee of the Board must approve a proposed investment, financing or disposition or chooses to do so, the The Advisor will deliver to the Board or committee, as applicable, all documents required by it to evaluate such investment, financing or dispositiona proposed investment (and any related financing).

Appears in 2 contracts

Samples: Advisory Agreement (KBS Real Estate Investment Trust II, Inc.), Advisory Agreement (KBS Real Estate Investment Trust II, Inc.)

Approval by the Board. Notwithstanding the foregoing, the Advisor may not take any action on behalf of the Company or the Partnership without the prior approval of the Board or duly authorized committees thereof if the Charter Articles of Incorporation or Maryland General Corporation Law require the prior approval of the Board. If the Board or a committee of the Board must approve a proposed investment, financing or disposition or chooses to do so, the The Advisor will deliver to the Board or committee, as applicable, all documents reasonably required by it to evaluate such investment, financing or dispositiona proposed investment (and any related financing).

Appears in 2 contracts

Samples: Advisory Agreement (Phillips Edison - ARC Shopping Center REIT Inc.), Advisory Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)

Approval by the Board. Notwithstanding the foregoing, the Advisor may not take any action on behalf of the Company without the prior approval of the Board or duly authorized committees thereof if the Charter or Maryland General Corporation Law law require the prior approval of the Board. If the Board or a committee of the Board must approve a proposed investment, financing or disposition or chooses to do so, the The Advisor will deliver to the Board or committee, as applicable, all documents required by it to evaluate such investment, financing or dispositiona proposed investment (and any related financing).

Appears in 2 contracts

Samples: Advisory Agreement (KBS Real Estate Investment Trust II, Inc.), Advisory Agreement (KBS Real Estate Investment Trust II, Inc.)

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Approval by the Board. Notwithstanding the foregoing, the Advisor may not take any action on behalf of the Company without the prior approval of the Board or duly authorized committees thereof if the Charter or Maryland General Corporation Law require the prior approval of the Board. If the Board or a committee of the Board must approve a proposed investment, financing or disposition or chooses to do so, the The Advisor will deliver to the Board or committee, as applicable, all documents required by it to evaluate such investment, financing a proposed investment (and any related financing) or disposition.

Appears in 2 contracts

Samples: Advisory Agreement (KBS Real Estate Investment Trust III, Inc.), Advisory Agreement (KBS Real Estate Investment Trust III, Inc.)

Approval by the Board. Notwithstanding the foregoing, the Advisor may not take any action on behalf of the Company or the Partnership without the prior approval of the Board or duly authorized committees thereof if the Charter Articles of Incorporation, the Corporate Governance Guidelines or Maryland General Corporation Law require the prior approval of the Board. If the Board or a committee of the Board must approve a proposed investment, financing or disposition or chooses to do so, the The Advisor will deliver to the Board or committee, as applicable, all documents reasonably required by it to evaluate such investment, financing or dispositiona proposed investment (and any related financing).

Appears in 1 contract

Samples: Advisory Agreement (Phillips Edison Grocery Center Reit I, Inc.)

Approval by the Board. Notwithstanding the foregoing, the Advisor may not take any action on behalf of the Company without the prior approval of the Board or duly authorized committees thereof if the Charter or Maryland General Corporation Law require the prior approval of the Board. If the Board or a committee of the Board must approve a proposed investment, financing or disposition or chooses to do so, the Advisor will deliver to the Board or committee, as applicable, all documents required by it to evaluate such investment, financing or disposition.. 4.03

Appears in 1 contract

Samples: Iii Advisory Agreement

Approval by the Board. Notwithstanding the foregoing, the Advisor may not take any action on behalf of the Company (or its Subsidiaries) without the prior approval of the Board or duly authorized committees thereof if the Charter or Maryland General Corporation Law require the prior approval of the BoardBoard (or if the governing documents or governing law applicable to any Subsidiary require the prior approval of the governing body of such Subsidiary). If the Board or a committee of the Board must approve a proposed investment, financing or disposition or chooses to do so, the Advisor will deliver to the Board or committee, as applicable, all documents required by it to evaluate such investment, financing or disposition.. 4.4

Appears in 1 contract

Samples: Advisory Agreement (Cottonwood Communities, Inc.)

Approval by the Board. Notwithstanding the foregoing, the Advisor may not take any action on behalf of the Company without the prior approval of the Board or duly authorized committees thereof if the Charter or Maryland General Corporation Law require the prior approval of the Board. In addition, the Advisor shall comply with all directives and policies adopted by the Board, including without limitation, any requirements set forth in policies adopted by the Board for Board review and approval of proposed actions. If the Board or a committee of the Board must approve a proposed investment, financing or disposition or chooses to do so, the Advisor will deliver to the Board or committee, as applicable, all documents required by it to evaluate such investment, financing or disposition.

Appears in 1 contract

Samples: Advisory Agreement (MVP Monthly Income Realty Trust, Inc.)

Approval by the Board. Notwithstanding the foregoing, the Advisor may not take any action on behalf of the Company (or its Subsidiaries) without the prior approval of the Board or duly authorized committees thereof if the Charter or Maryland General Corporation Law require the prior approval of the BoardBoard (or if the governing documents or governing law applicable to any Subsidiary require the prior approval of the governing EAST\50676375.5 body of such Subsidiary). If the Board or a committee of the Board must approve a proposed investment, financing or disposition or chooses to do so, the Advisor will deliver to the Board or committee, as applicable, all documents required by it to evaluate such investment, financing or disposition.

Appears in 1 contract

Samples: Advisory Agreement (Resource Real Estate Opportunity REIT II, Inc.)

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