Limitations On Activities Contract Clauses (91)

Grouped Into 2 Collections of Similar Clauses From Business Contracts

This page contains Limitations On Activities clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Limitations On Activities. Anything else in this Agreement to the contrary notwithstanding, the Advisor shall refrain from taking any action which, in its sole judgment made in good faith, would (a) adversely affect the status of the Company as a REIT, (b) subject the Company to regulation under the Investment Company Act, or (c) violate any law, rule, regulation or statement of policy of any governmental body or agency having jurisdiction over the Company, the Shares or its other securities or (d) not be permitted by the... Articles of Incorporation or Bylaws, except if such action shall be ordered by the Board, in which case the Advisor shall notify promptly the Board of the Advisor's judgment of the potential impact of such action and shall refrain from taking such action until it receives further clarification or instructions from the Board. In such event, the Advisor shall have no liability for acting in accordance with the specific instructions of the Board so given. Notwithstanding the foregoing, the Advisor, its directors, officers, employees and members, and partners, directors, officers, members and stockholders of the Advisor's Affiliates shall not be liable to the Company or to the Board or Stockholders for any act or omission by the Advisor, its directors, officers, employees, or members, and partners, directors, officers, members or stockholders of the Advisor's Affiliates taken or omitted to be taken in the performance of their duties under this Agreement except as provided in Section 21 of this Agreement. View More Arrow
Found in RREEF Property Trust, Inc. contract
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Limitations On Activities. Anything else in this Agreement to the contrary notwithstanding, the Advisor shall refrain from taking any action which, in its sole judgment made in good faith, would (a) adversely affect the status of the Company Corporation as a REIT, (b) subject the Company Corporation to regulation under the Investment Company Act, 11 Corporation Act of 1940, as amended, or (c) violate any law, rule, regulation or statement of policy of any governmental body or agency having jurisdiction over the Company, t...he Corporation, its Shares or its other securities Securities, or (d) otherwise not be permitted by the Articles Charter or Bylaws of Incorporation or Bylaws, the Corporation, except if such action shall be ordered by the Board, Board of Directors, in which case the Advisor shall notify promptly the Board of Directors of the Advisor's judgment of the potential impact of such action and shall refrain from taking such action until it receives further clarification or instructions from the Board. Board of Directors. In such event, event the Advisor shall have no liability for acting in accordance with the specific instructions of the Board of Directors so given. Notwithstanding the foregoing, the Advisor, its members, managers, directors, officers, employees and stockholders, and members, managers, stockholders, directors and partners, directors, officers, members and stockholders officers of the Advisor's Affiliates Affiliates, shall not be liable to the Company Corporation or to the Board of Directors or Stockholders stockholders for any act or omission by the Advisor, its members, managers, directors, officers, officers or employees, or stockholders, members, and partners, directors, officers, members managers, directors or stockholders officers of the Advisor's Affiliates taken or omitted to be taken in the performance of their duties under this Agreement except as provided in Section 21 Paragraph 19 of this Agreement. View More Arrow
Found in INDUSTRIAL PROPERTY TRUST INC. contract
Limitations On Activities. Anything else in this Agreement to the contrary notwithstanding, the Advisor shall refrain from taking any action which, in its sole judgment made in good faith, would (a) adversely affect the status of the Company Corporation as a REIT, (b) subject the Company Corporation to regulation under the Investment Company Act, Corporation Act of 1940, as amended, or (c) violate any law, rule, regulation or statement of policy of any governmental body or agency having jurisdiction over the Company, the ...Corporation, its Shares or its other securities Securities, or (d) otherwise not be permitted by the Articles Charter or Bylaws of Incorporation or Bylaws, the Corporation, except if such action shall be ordered by the Board, Board of Directors, in which case the Advisor shall notify promptly the Board of Directors of the Advisor's judgment of the potential impact of such action and shall refrain from taking such action until it receives further clarification or instructions from the Board. Board of Directors. In such event, event the Advisor shall have no liability for acting in accordance with the specific instructions of the Board of Directors so given. Notwithstanding the foregoing, the Advisor, its members, managers, directors, officers, employees and stockholders, and members, managers, stockholders, directors and partners, directors, officers, members and stockholders officers of the Advisor's Affiliates Affiliates, shall not be liable to the Company Corporation or to the Board of Directors or Stockholders stockholders for any act or omission by the Advisor, its members, managers, directors, officers, officers or employees, or stockholders, members, and partners, directors, officers, members managers, directors or stockholders officers of the Advisor's Affiliates taken or omitted to be taken in the performance of their duties under this Agreement except as provided in Section 21 Paragraph 19 of this Agreement. View More Arrow
Found in BLACK CREEK INDUSTRIAL REIT IV Inc. contract
Limitations On Activities. Anything else in Notwithstanding any provision of this Agreement to the contrary notwithstanding, Agreement, the Advisor shall refrain from taking any action which, in its sole judgment made in good faith, would (a) adversely affect the status of the Company as a REIT, (b) subject the Company to regulation under the Investment Company Act, or (c) violate any law, rule, regulation or statement of policy of any governmental body or agency having jurisdiction over the Company, the Shares Operating ...Partnership or its other securities their securities, or (d) otherwise not be permitted by the Articles Governing Instruments of Incorporation the Company or Bylaws, the Operating Partnership Agreement, except if such action shall be ordered by the Board, in which case the Advisor shall notify promptly the Board Trustee's of the Advisor's judgment of the potential impact of such action and shall refrain from taking such action until it receives further clarification or instructions from the Board. In such event, the Advisor shall have no liability for acting in accordance with the specific instructions of the Board so given. Notwithstanding the foregoing, the Advisor, its directors, governors, officers, employees and members, and partners, directors, officers, members and stockholders of the Advisor's Affiliates Advisor or an Affiliate of the Advisor shall not be liable to the Company Company, Operating Partnership or to the Board or Stockholders holders of their securities for any act or omission by the Advisor, its directors, officers, employees, or members, and partners, directors, officers, members or stockholders of the Advisor's Affiliates Advisor taken or omitted to be taken in the performance of their Advisor's duties under this Agreement except as provided in Section 21 of this Agreement. Adopted by the Board of Trustees Effective 4.1.20 9. RELATIONSHIP WITH BOARD. Subject to Section 8 of this Agreement and to restrictions advisable with respect to the qualification of the Company as a REIT, governors, officers and employees of the Advisor or an Affiliate of the Advisor, may serve as a Trustee and as officers of the Company, except that no governor, officer or employee of the Advisor or an Affiliate of the Advisor who also is a Trustee or officer of the Company shall receive any compensation from the Company for serving as an officer other than reasonable reimbursement for travel and related expenses incurred in attending meetings of the Board, Shareholders and Partners, and shall not be deemed an Independent Trustee for purposes of satisfying the director independence requirement set forth in the Governing Instruments or the Operating Partnership Agreement. View More Arrow
Found in Sterling Real Estate Trust contract
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Limitations On Activities. Anything else in this Agreement to the contrary notwithstanding, the Advisor shall refrain from taking any action which, in its sole judgment made in good faith, would (a) adversely affect the status of the Trust as a REIT, (b) subject the Trust to regulation under the Investment Trust Act of 1940, as amended, or (c) violate any law, rule, regulation or statement of policy of any governmental body or agency having jurisdiction over the Trust, its Shares or its Securities, or otherwise not be per...mitted by the Declaration of Trust or Bylaws of the Trust, except if such action shall be ordered by the Board of Trustees, in which case the Advisor shall notify promptly the Board of Trustees of the Advisor's judgment of the potential impact of such action and shall refrain from taking such action until it receives further clarification or instructions from the Board of Trustees. In such event the Advisor shall have no liability for acting in accordance with the specific instructions of the Board of Trustees so given. Notwithstanding the foregoing, the Advisor, its members, managers, Trustees, officers, employees and stockholders, and members, managers, stockholders, Trustees and officers of the Advisor's Affiliates, shall not be liable to the Trust or to the Board of Trustees or stockholders for any act or omission by the Advisor, its members, managers, Trustees, officers or employees, or stockholders, members, managers, Trustees or officers of the Advisor's Affiliates taken or omitted to be taken in the performance of their duties under this Agreement except as provided in Paragraph 19 of this Agreement. View More Arrow
Found in INDUSTRIAL PROPERTY TRUST INC. contract
Limitations On Activities. Anything else in this Agreement to the contrary notwithstanding, the Advisor shall refrain from taking any action which, in its sole judgment made in good faith, would (a) adversely affect the status of the Trust as a REIT, (b) subject the Trust to regulation under the Investment Trust Company Act of 1940, as amended, amended or (c) (b) violate any law, rule, regulation or statement of policy of any governmental body or agency having jurisdiction over the Trust, its Shares Trust or its Securitie...s, Units, or otherwise not be permitted by the Declaration of Trust or Bylaws Agreement of the Trust, except if such action shall be ordered by the Board of Trustees, in which case the Advisor shall notify promptly the Board of Trustees of the Advisor's judgment of the potential impact of such action and shall refrain from taking such action until it receives further clarification or instructions from the Board of Trustees. In such event the Advisor shall have no liability for acting in accordance with the specific instructions of the Board of Trustees so given. Notwithstanding the foregoing, the Advisor, its members, managers, Trustees, directors, officers, employees and stockholders, and members, managers, stockholders, Trustees directors and officers of the Advisor's Affiliates, shall not be liable to the Trust or to the Board of Trustees or stockholders Unitholders for any act or omission by the Advisor, its members, managers, Trustees, directors, officers or employees, or stockholders, members, managers, Trustees directors or officers of the Advisor's Affiliates taken or omitted to be taken in the performance of their duties under this Agreement except as provided in Paragraph 19 of this Agreement. View More Arrow
Found in DC Industrial Liquidating Trust contract
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