Common use of Origination Fees Clause in Contracts

Origination Fees. As compensation for the investigation, selection, sourcing and acquisition or origination of Loans, the Company shall pay an Origination Fee to the Advisor for each such acquisition or origination. With respect to the acquisition or origination of a Loan to be wholly owned by the Company, the Origination Fee payable to the Advisor shall equal 2.0% of the amount to be funded (including any future funding of a Loan) by the Company to acquire or originate the Loan, including any Acquisition Expenses associated with the acquisition or origination of such Loan, and the amount of any debt attributable to such Loan. With respect to the acquisition or origination of a Loan through any Joint Venture or any partnership in which the Company is, directly or indirectly, a co-venturer or partner, the Origination Fee payable to the Advisor shall equal 2.0% of the portion of the amount to be funded (including any future funding of a Loan) by the Company to acquire or originate the Loan, including any Acquisition Expenses associated with the acquisition or origination of such Loan, and the amount of any debt attributable to such Loan that is attributable to the Company’s investment in the Joint Venture or partnership. The Company will not pay an Origination Fee to the Advisor with respect to any transaction pursuant to which the Company is required to pay the Advisor an Acquisition Fee. Notwithstanding anything herein to the contrary, the payment of Origination Fees by the Company shall be subject to the limitations on Acquisition Fees contained in (and defined in) the Company’s Articles of Incorporation. The Advisor shall submit an invoice to the Company following the closing or closings of each Loan, accompanied by a computation of the Origination Fee. The Origination Fee payable to the Advisor shall be paid at the closing of the transaction upon receipt of the invoice by the Company. The Origination Fee may not be taken, in whole or in part, as to any period in the sole discretion of the Advisor. All or any portion of the Origination Fee not taken as to any period shall be deferred without interest and may be paid in such other period as the Advisor shall determine.

Appears in 4 contracts

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

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Origination Fees. As compensation for the investigation, selection, sourcing and acquisition or origination of Loans, the Company shall pay an Origination Fee to the Advisor for each such acquisition or origination. With respect to the acquisition or origination of a Loan to be wholly owned by the Company, the Origination Fee payable to the Advisor shall equal 2.01% of the amount to be funded (including any future funding of a Loan) by the Company to acquire or originate the Loan, including any Acquisition Expenses associated with related to such investment and any debt used to fund the acquisition or origination of such Loan, and the amount of any debt attributable to such Loan. With respect to the acquisition or origination of a Loan through any Joint Venture or any partnership in which the Company is, directly or indirectly, a co-venturer or partner, the Origination Fee payable to the Advisor shall equal 2.01% of the portion of the amount to be funded (including any future funding of a Loan) paid or allocated by the Company to acquire or originate the Loan, including any inclusive of the Acquisition Expenses associated with the acquisition or origination of such Loan, and plus the amount of any outstanding debt attributable to associated with such Loan that is attributable to the EAST\126877177.1 Company’s investment in the Joint Venture or partnership. The Company will not pay an Origination Fee to the Advisor with respect to any transaction pursuant to which the Company is required to pay the Advisor an Acquisition Fee. Notwithstanding anything herein to the contrary, the payment of Origination Fees by the Company shall be subject to the limitations on Acquisition Fees contained in (and defined in) the Company’s Articles of Incorporation. The Advisor shall submit an invoice to the Company following the closing or closings of each Loan, accompanied by a computation of the Origination Fee. The Origination Fee payable to the Advisor shall be paid at the closing of the transaction upon receipt of the invoice by the Company. The Origination Fee may or may not be taken, in whole or in part, as to any period in the sole discretion of the Advisor. All or any portion of the Origination Fee not taken as to any period shall be deferred without interest and may be paid in such other period as the Advisor shall determine.

Appears in 1 contract

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

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Origination Fees. As compensation for the investigation, selection, sourcing and acquisition or origination of Loans, the Company shall pay an Origination Fee to the Advisor for each such acquisition or origination. With respect to the acquisition or origination of a Loan to be wholly owned by the Company, the Origination Fee payable to the Advisor shall equal 2.0% of the amount to be funded (including any future funding of a Loan) by the Company to acquire or originate the Loan, including any Acquisition Expenses associated with related to such investment and any debt used to fund the acquisition or origination of such Loan, and the amount of any debt attributable to such Loan. With respect to the acquisition or origination of a Loan through any Joint Venture or any partnership in which the Company is, directly or indirectly, a co-venturer or partner, the Origination Fee payable to the Advisor shall equal 2.0% of the portion of the amount to be funded (including any future funding of a Loan) by the Company to acquire or originate the Loan, including any Acquisition Expenses associated with the acquisition or origination of such Loan, and plus the amount of any outstanding debt attributable to associated with such Loan that is attributable to the Company’s investment in the Joint Venture or partnership. The Company will not pay an Origination Fee to the Advisor with respect to any transaction pursuant to which the Company is required to pay the Advisor an Acquisition Fee. Notwithstanding anything herein to the contrary, the payment of Origination Fees by the Company shall be subject to the limitations on Acquisition Fees contained in (and defined in) the Company’s Articles of Incorporation. The Advisor shall submit an invoice to the Company following the closing or closings of each Loan, accompanied by a computation of the Origination Fee. The Origination Fee payable to the Advisor shall be paid at the closing of the transaction upon receipt of the invoice by the Company. The Origination Fee may not be taken, in whole or in part, as to any period in the sole discretion of the Advisor. All or any portion of the Origination Fee not taken as to any period shall be deferred without interest and may be paid in such other period as the Advisor shall determine.

Appears in 1 contract

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

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