Common use of Advertising and Sales Materials Clause in Contracts

Advertising and Sales Materials. All advertising and supplemental sales literature to be used by the Dealer Manager in connection with the Offering, whether designated solely for “broker-dealer use only” or otherwise and regardless of how labeled or described (the “Authorized Sales Materials”), that is prepared by or on behalf of the Company or RREEF America L.L.C., a Delaware limited liability company that serves as the Company’s advisor (the “Advisor”) pursuant to the terms of an advisory agreement by and between the Company, the Operating Partnership and the Advisor (the “Advisory Agreement”), when taken together with the Prospectus, will not contain any untrue statement of material fact or omit to state a material fact required to be stated therein, in the light of the circumstances under which they were made, not misleading. Furthermore, prior to its first use, all such Authorized Sales Materials shall be filed with, and will have received all required regulatory approval, which may include, but is not limited to approval from the SEC all appropriate state securities agencies and bodies, provided that the Dealer Manager will make all required FINRA filings and receive all required FINRA approvals for such materials. The Company is responsible for the content of all Authorized Sales Materials, subject to the Dealer Manager’s obligations pursuant to Section 7.3 of this Agreement.

Advertising and Sales Materials. All advertising and supplemental sales literature to be used by the Dealer Manager in connection with the Offering, whether designated solely for “broker-dealer use only” or otherwise and regardless of how labeled or described (the “Authorized Sales Materials”), that is prepared by or on behalf of the Company or RREEF America L.L.C., a Delaware limited liability company that serves as the Company’s advisor (the “Advisor”) pursuant to the terms of an advisory agreement by and between the Company, the Operating Partnership and the Advisor (the “Advisory Agreement”), when taken together with the Prospectus, will not contain any untrue statement of material fact or omit to state a material fact required to be stated therein, in the light of the circumstances under which they were made, not misleading. Furthermore, prior to its first use, all such Authorized Sales Materials shall be filed with, and will have received all required regulatory approval, which may include, but is not limited to to, approval from the SEC and all appropriate state securities agencies and bodies, provided that the Dealer Manager will make all required FINRA filings and receive all required FINRA approvals for such materials. The Company is responsible for the content of all Authorized Sales Materials, subject to the Dealer Manager’s obligations pursuant to Section 7.3 of this Agreement.