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.
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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, 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, 12 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.
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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.
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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, 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 13 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.
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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, 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 Paragraphs 19 of this Agreement.
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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, 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.
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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 ability of the Company
to qualify or continue to qualify as a
REIT, REIT under the Code unless the Board has determined that the Company will not seek or maintain REIT qualification, (b) subject the Company to regulation under the Investment Company
Act, Act of 1940, as amended, or (c) violate any l
...aw, rule, regulation or statement of policy of any governmental body or agency having jurisdiction over the Company, the Shares Company or its other securities Shares, or (d) otherwise not be permitted by the Articles of Incorporation or Bylaws, Bylaws of the Company, 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 Directors 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 19 of this Agreement.
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