Common use of AUTHORITY TO PERFORM AGREEMENTS Clause in Contracts

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the performance of this Agreement and under the Organizational Documents or the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 34 contracts

Samples: Dealer Manager Agreement (American Realty Capital Trust, Inc.), Inland Western Retail (Inland Western Retail Real Estate Trust Inc), Dealer Manager Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.)

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AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement and under the Organizational Documents Company’s articles of incorporation (as the same may be amended, supplemented or otherwise modified from time-to-time, the “Company’s Charter”) and bylaws for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 33 contracts

Samples: Exclusive Dealer Manager Agreement (American Realty Capital New York City REIT II, Inc.), Exclusive Dealer Manager Agreement (American Realty Capital Global Trust II, Inc.), Exclusive Dealer Manager Agreement (American Realty Capital Healthcare Trust III, Inc.)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement and under the Organizational Documents Company’s articles of incorporation (as the same may be amended, supplemented or otherwise modified from time to time, the “Company’s Charter”) and bylaws for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 16 contracts

Samples: Exclusive Dealer Manager Agreement (RCS Capital Corp), Exclusive Dealer Manager Agreement (RCS Capital Corp), Exclusive Dealer Manager Agreement (American Realty Capital - Retail Centers of America, Inc.)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes shall use its commercially reasonable best efforts to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for it or the performance of Operating Partnership to perform their respective obligations under this Agreement and under the Organizational Documents their respective bylaws, charter or the consummation of other organizational documents (as each may be amended from time to time) and to consummate the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of to conduct the business described in the Prospectus.

Appears in 14 contracts

Samples: Dealer Manager Agreement (IPC Alternative Real Estate Income Trust, Inc.), Selected Dealer Agreement (InPoint Commercial Real Estate Income, Inc.), Dealer Manager Agreement (InPoint Commercial Real Estate Income, Inc.)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement and under the Organizational Documents Company’s articles of incorporation (as the same may be amended, supplemented or otherwise modified from time to time, the “Company’s Charter”) and by-laws for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 14 contracts

Samples: Dealer Manager Agreement (Lightstone Value Plus Real Estate Investment Trust III, Inc.), Dealer Manager Agreement (Lightstone Real Estate Income Trust Inc.), Dealer Manager Agreement (Lightstone Real Estate Income Trust Inc.)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement and under the Organizational Documents or its charter and by-laws for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 11 contracts

Samples: Exclusive Dealer Manager Agreement (RCS Capital Corp), Escrow Agreement (RCS Capital Corp), Escrow Agreement (Business Development Corp of America)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement and under its articles of incorporation, as the Organizational Documents same may be amended, supplemented or modified, and bylaws for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 7 contracts

Samples: Exclusive Dealer Manager Agreement (RCS Capital Corp), Exclusive Dealer Manager Agreement (American Realty Capital New York Recovery Reit Inc), Exclusive Dealer Manager Agreement (Corporate Income Properties - ARC, Inc.)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement and under the Organizational Documents Company’s agreement of limited partnership (as the same may be amended, supplemented or otherwise modified from time-to-time, the “Company’s LPA”) for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 6 contracts

Samples: Exclusive Dealer Manager Agreement (Energy Resources 12, L.P.), Escrow Agreement (Energy 11, L.P.), Escrow Agreement (Energy 11, L.P.)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement and under the Organizational Documents or its charter and bylaws for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 5 contracts

Samples: Dealer Manager Agreement (Carter Validus Mission Critical REIT II, Inc.), Escrow Agreement (Carter Validus Mission Critical REIT II, Inc.), Exclusive Dealer Manager Agreement (Phillips Edison - ARC Grocery Center REIT II, Inc.)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement and under the Organizational Documents Company’s agreement of limited partnership (as the same may be amended, supplemented or otherwise modified from time-to-time, the “Company’s LPA”) for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.. (i)

Appears in 2 contracts

Samples: www.sec.gov, www.sec.gov

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement and under the Organizational Documents Company’s agreement of limited partnership (as the same may be amended, supplemented or otherwise modified from time-to-time, the “Company’s LPA”) and bylaws for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 2 contracts

Samples: Exclusive Dealer Manager Agreement (American Energy Capital Partners, LP), Exclusive Dealer Manager Agreement (American Energy Capital Partners, LP)

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AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement and under the Organizational Documents Company’s articles of incorporation (as the same may be amended, supplemented or otherwise modified, the “Company’s Charter”) and bylaws for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 2 contracts

Samples: Escrow Agreement (American Realty Capital - Retail Centers of America, Inc.), Exclusive Dealer Manager Agreement (American Realty Capital - Retail Centers of America, Inc.)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement and under the Organizational Documents Company’s articles of incorporation (as the same may be amended, supplemented or otherwise modified from time to time, the “ Company’s Charter ”) and bylaws for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 2 contracts

Samples: Exclusive Dealer Manager Agreement (RCS Capital Corp), Exclusive Dealer Manager Agreement (American Realty Capital Daily Net Asset Value Trust, Inc.)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any applicable court or governmental agency or body which are required for the performance of this Agreement and under the Organizational Documents or the consummation of the transactions contemplated hereby and thereby, thereby respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 2 contracts

Samples: Great Lakes Capital Acceptance LLC, Great Lakes Capital Acceptance LLC

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the performance of this Agreement and under the Organizational Documents or the consummation of the transactions contemplated hereby and thereby, thereby respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 1 contract

Samples: Great Lakes Capital Acceptance LLC

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement and under the Organizational Documents Amended and Restated Limited Liability Company Operating Agreement in the form included as exhibits to the Registration Statement or the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 1 contract

Samples: Dealer Manager Agreement (Stratstone/Bluegreen Secured Income Fund, LLC)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for (i) the Company’s performance of this Agreement and under the Organizational Documents or the consummation of the transactions contemplated hereby and thereby, respectivelyAgreement, or (ii) the conducting by the Company of the business described in the Prospectus, except for such consents, authorizations or orders which, if not obtained, do not result in and would not reasonably be expected to result in, individually or in the aggregate, a Company MAE.

Appears in 1 contract

Samples: Dealer Manager Agreement (NexPoint Real Estate Finance, Inc.)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement and under the Organizational Documents Bylaws and the Articles of Amendment and Restatement in the form included as exhibits to the Registration Statement or the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 1 contract

Samples: Exclusive Dealer Manager Agreement (Grubb & Ellis Healthcare REIT, Inc.)

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