Advisory Agreement. The Second Amended and Restated Advisory Agreement among the Company, the Operating Partnership and Healthcare Trust Advisors, LLC and all amendments thereto have been duly authorized, executed and delivered by the Company, and that agreement, as so amended, is a legal, valid and binding agreement of the Company enforceable in accordance with its terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally, and by general equitable principles.
Advisory Agreement. The Advisory Agreement has been duly authorized, executed and delivered by the Advisor and constitutes a legal, valid and binding agreement of the Advisor enforceable against the Advisor in accordance with its terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally, and by general principles of equity.
Advisory Agreement. The terms of the Advisory Agreement, including compensation terms, comply in all material respects with all applicable provisions of the 1940 Act and the Advisers Act and the approvals by the board of directors and the Company’s stockholders have been obtained in accordance with the requirements of Section 15 of the 1940 Act applicable to companies that have elected to be regulated as business development companies under the 1940 Act.
Advisory Agreement. The Managing General Partner may from time to time cause additional Fund Entities to become party to the Advisory Agreement for the provision of advice and recommendations with respect to (to the extent applicable to such Fund Entity) the origination, investigation, structuring, finance, acquisition, monitoring and/or disposition of Investments by, and/or the structuring, organization, capitalization and/or financing of, such Fund Entity (subject to the consent of the other parties to the Advisory Agreement). The Managing General Partner shall remain liable to the Partnership for the performance of its obligations under this Agreement notwithstanding the delegation of any such obligations to the Investment Advisors pursuant to the Advisory Agreement. The Managing General Partner shall bear the costs of all services provided by the Investment Advisors under the Advisory Agreement; provided that the Investment Advisors shall be entitled to receive Asset Management Fees and Acquisition Fees as provided in the Advisory Agreement and Sections 7.2 and 7.3 of this Agreement.
Advisory Agreement. (a) Neither the Borrower nor any of its Subsidiaries shall amend or modify the Advisory Agreement in any manner materially adverse in any respect to the rights or interests of the Lenders (it being understood that any increase in the amount of any fee or the imposition of any additional fees or compensation, other than in accordance with the terms of the Advisory Agreement as in effect on the 2010 Closing Date, shall be materially adverse for the Lenders).