Common use of Appointment of Selling Agent Clause in Contracts

Appointment of Selling Agent. (“you” or “Selling Agent”) is hereby appointed a selling agent to sell the Interests of the Fund on a non-exclusive basis for the purpose of finding acceptable investors in the Fund. Subject to the performance by the Fund of its obligations and to the completeness and accuracy of the representations and warranties set forth herein, you hereby accept such appointment and agree, upon the terms and conditions set forth in this Agreement, to use your best efforts during the term of this Agreement to find suitable subscribers for the Interests, provided that the Fund and the General Partner acknowledge that you as the Selling Agent (i) do not provide any representation or warranty that you will be able to raise any funds, and (ii) have no liability hereunder for failure to raise funds, notwithstanding anything else set forth herein (other than as specifically set forth herein). You will only solicit the investors that you believe are suitable for the Fund (each, a “Suitable Investor”). Suitable Investors found and referred to the Fund by you that are approved Selling Agency Agreement ________________/Xxxxxx Futures Fund, L.P. (US) 1 by the Fund and that subscribe for Interests and become limited partners of the Fund during the term of this Agreement are referred to herein as “Selling Agent Investors.” The Fund is not obligated to accept the subscription of any Suitable Investor and may reject any Suitable Investor in its sole and absolute discretion. Nothing contained herein shall limit or waive the right of the Fund to require withdrawal or redemption of a Selling Agent Investor from the Fund. You agree that you will not appoint any selling agents to perform under this Agreement without the express written consent of the Fund.

Appears in 2 contracts

Samples: Selling Agency Agreement (Winton Futures Fund Lp (Us)), Selling Agency Agreement (Winton Futures Fund Lp (Us))

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Appointment of Selling Agent. (“you” or “Selling Agent”) is hereby appointed a selling agent to sell the Interests of the Fund on a non-exclusive basis for the purpose of finding acceptable investors in the Fund. Subject to the performance by the Fund of its obligations and to the completeness and accuracy of the representations and warranties set forth herein, you hereby accept such appointment and agree, upon the terms and conditions set forth in this Agreement, to use your best efforts during the term of this Agreement to find suitable subscribers for the Interests, provided that the Fund and the General Partner acknowledge that you as the Selling Agent (i) do not provide any representation or warranty that you will be able to raise any funds, and (ii) have no liability hereunder for failure to raise funds, notwithstanding anything else set forth herein (other than as specifically set forth herein). You will only solicit the investors that you believe are suitable for the Fund (each, a “Suitable Investor”). Suitable Investors found and referred to the Fund by you that are approved Selling Agency Agreement ________________/Xxxxxx /APM - Xxxxxxxx Futures Fund, L.P. (US) 1 by the Fund and that subscribe for Interests and become limited partners of the Fund during the term of this Agreement are referred to herein as “Selling Agent Investors.” The Fund is not obligated to accept the subscription of any Suitable Investor and may reject any Suitable Investor in its sole and absolute discretion. Nothing contained herein shall limit or waive the right of the Fund to require withdrawal or redemption of a Selling Agent Investor from the Fund. You agree that you will not appoint any selling agents to perform under this Agreement without the express written consent of the Fund.

Appears in 1 contract

Samples: Selling Agency Agreement (APM - Eckhardt Futures Fund, L.P.)

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Appointment of Selling Agent. Altegris Investments, Inc. (“you” or “Selling Agent”) is hereby appointed a selling agent to sell the Interests of the Fund on a non-exclusive nonexclusive basis for the purpose of finding acceptable investors in the Fund. Subject to the performance by the Fund of its obligations and to the completeness and accuracy of the representations and warranties set forth herein, you hereby accept such appointment and agree, upon the terms and conditions set forth in this selling agency agreement (the “Agreement”), to use your best efforts during the term of this Agreement to find suitable subscribers for the Interests, provided that the Fund and the General Partner acknowledge that you as the Selling Agent (i) do not provide any representation or warranty that you will be able to raise any funds, and (ii) have no liability hereunder for failure to raise funds, notwithstanding anything else set forth herein (other than as specifically set forth herein). You will only solicit the investors that you believe are suitable for the Fund (each, a “Suitable Investor”). Suitable Investors found and referred to the Fund by you that are approved Selling Agency Agreement ________________/Xxxxxx Futures Fund, L.P. (US) 1 by the Fund and that subscribe for Interests and become limited partners of the Fund during the term of this Agreement are referred to herein as “Selling Agent Investors.” The Fund is not obligated to accept the subscription of any Suitable Investor and may reject any Suitable Investor in its sole and absolute discretion. Nothing contained herein shall limit or waive the right of the Fund to require withdrawal or redemption of a Selling Agent Investor from the Fund. You agree that you will not appoint any selling agents to perform under this Agreement without the express written consent of the Fund.

Appears in 1 contract

Samples: Selling Agency Agreement (APM - Eckhardt Futures Fund, L.P.)

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