CERTAIN ADVANCES TO DEALER MANAGER. The parties hereto acknowledge that prior to the initial Effective Date, the Company may have paid to the Dealer Manager advances of monies against out-of-pocket accountable expenses actually anticipated to be incurred by the Dealer Manager in connection with the Offering (other than reasonable bona fide due diligence expenses). Such advances, if any, shall be credited against the amount of the Dealer Manager Fee payable pursuant to Section 3(d) that is retained by the Dealer Manager and not re-allowed until the full amount of such advances is offset; provided, however, that such advances shall be credited up to a maximum of 25% of such portion of each payment of the Dealer Manager Fee until the full amount of such advances has been reimbursed to the Company. Such advances are not intended to be in addition to the compensation set forth in Section 3(d), and any and all monies advanced that are not utilized for out-of-pocket accountable expenses actually incurred by the Dealer Manager in connection with the Offering (other than reasonable bona fide due diligence expenses) shall be reimbursed by the Dealer Manager to the Company.
Appears in 6 contracts
Samples: Dealer Manager Agreement (Preferred Apartment Communities Inc), Dealer Manager Agreement (Preferred Apartment Communities Inc), Dealer Manager Agreement (Preferred Apartment Communities Inc)
CERTAIN ADVANCES TO DEALER MANAGER. The parties hereto acknowledge that prior to the initial Effective Datedate first written above, the Company may have paid to the Dealer Manager or to the prior dealer manager advances of monies against out-of-pocket accountable expenses actually anticipated to be incurred by the Dealer Manager or the prior dealer manager, as applicable, in connection with the Offering (other than reasonable bona fide due diligence expenses). Such advances, if any, Any such advances to the Dealer Manager shall be credited against the amount of the Dealer Manager Fee payable pursuant to Section 3(d) that is retained by the Dealer Manager and not re-allowed until the full amount of such advances is offset; provided, however, that . Any such advances shall be credited up to a maximum of 25% of such portion of each payment of the Dealer Manager Fee until the full amount of such advances has been reimbursed to the Company. Such advances are not intended to be in addition to the compensation set forth in Section 3(d), and any and all monies advanced that are not utilized for out-of-pocket accountable expenses actually incurred by the Dealer Manager in connection with the Offering (other than reasonable bona fide due diligence expenses) shall be reimbursed by the Dealer Manager to the Company.
Appears in 2 contracts
Samples: Dealer Manager Agreement (United Realty Trust Inc), Dealer Manager Agreement (United Realty Trust Inc)