Compliance with Securities Laws and Regulations. The Company will: (a) use commercially reasonable efforts to cause the Registration Statement and any subsequent amendments thereto to become effective as promptly as possible; (b) promptly notify the Dealer Manager of, and furnish to the Dealer Manager upon request, a copy of (i) any comments or requests for additional or supplemental information from the SEC or any state securities administrator and (ii) any proposed post-effective amendment to the Registration Statement or any proposed amendment or supplement to the Prospectus and (iii) the time and date that any post-effective amendment to the Registration Statement becomes effective; (c) timely file every amendment or supplement to the Registration Statement or the Prospectus that may be required by the SEC or under the Securities Act; and (d) if at any time the SEC shall issue any stop order or any other order preventing or suspending the effectiveness of the Registration Statement or the use of the Prospectus, or shall institute any proceeding for that purpose, then, the Company will promptly notify the Dealer Manager and, to the extent the board of managers of the Company, including a majority of the independent managers, determines that such action is in the best interest of the Company, (y) use commercially reasonable efforts to prevent the issuance of any such order, and (z) if any such order is issued, to obtain the lifting or removal of such order as promptly as possible. Prior to amending or supplementing the Registration Statement, any preliminary prospectus or the Prospectus (including any amendment or supplement through incorporation of any report filed under the Exchange Act), the Company shall furnish to the Dealer Manager for its review, a reasonable period of time prior to the proposed time of filing or use thereof, a copy of each such proposed amendment or supplement, and the Company shall not file or use any such proposed amendment or supplement without the Dealer Manager’s consent, which consent shall not be unreasonably withheld or delayed.
Appears in 4 contracts
Samples: Dealer Manager Agreement (TriLinc Global Impact Fund LLC), Dealer Manager Agreement (TriLinc Global Impact Fund LLC), Dealer Manager Agreement (TriLinc Global Impact Fund LLC)
Compliance with Securities Laws and Regulations. The Company will: (a) use commercially reasonable efforts to cause the Registration Statement and any subsequent amendments thereto to become effective as promptly as possible; (b) (i) promptly notify furnish the Dealer Manager of, and furnish to the Dealer Manager upon request, with a copy of (i) any comments of, or requests for additional or supplemental information from from, the SEC SEC, (ii) promptly advise the Dealer Manager of the receipt of any comments of, or requests for additional or supplemental information from, any state securities administrator administrator, and (ii) any proposed post-effective amendment to upon request from the Registration Statement or any proposed amendment or supplement to Dealer Manager promptly furnish the Prospectus Dealer Manager with a copy of such comments and/or requests, and (iii) promptly advise the Dealer Manager of the time and date that any post-effective amendment to the Registration Statement becomes effective; (c) timely file every amendment or supplement to the Registration Statement or the Prospectus that may be required by the SEC or under the Securities Act; and (d) if at any time the SEC shall issue any stop order or any other order preventing or suspending the effectiveness of the Registration Statement or the use of the Prospectus, or shall institute any proceeding proceedings for that purpose, then, the Company will promptly notify the Dealer Manager and, to the extent the board of managers of the Company, including a majority of the independent managers, Company determines that such action is in the best interest of the Company, (y) use its commercially reasonable efforts to prevent the issuance of any such order, and (z) if any such order is issued, or to obtain the lifting or removal of such order as promptly as possibleat the earliest possible time. Prior to amending or supplementing the Registration Statement, any preliminary prospectus or the Prospectus (including filing any amendment or supplement through incorporation of to the Prospectus or any report filed under pre-effective or post-effective amendment to the Exchange Act)Registration Statement with the SEC, the Company shall furnish will use commercially reasonable efforts to provide a draft of the filing to the Dealer Manager for its review, a reasonable period of time prior to the initial delivery of the proposed time changes to the financial printer. Notwithstanding the foregoing, the Company will not file with the SEC any amendment or supplement to the Prospectus or any pre-effective or post-effective amendment to the Registration Statement which in any way amends or modifies the section of filing the Prospectus entitled “Plan of Distribution,” or use thereofthose sections of the Prospectus described on Schedule 6 attached hereto for which the Dealer Manager made representations to FINRA, without first providing the Dealer Manager with a copy of each such proposed amendment or supplement, filing and the Company shall not file or use any such proposed amendment or supplement without obtaining the Dealer Manager’s consentapproval thereof, which consent shall such approval not to be unreasonably withheld or delayed.
Appears in 4 contracts
Samples: Dealer Manager Agreement (RREEF Property Trust, Inc.), Dealer Manager Agreement (RREEF Property Trust, Inc.), Dealer Manager Agreement (RREEF Property Trust, Inc.)
Compliance with Securities Laws and Regulations. The Company will: (a) use commercially reasonable efforts to cause the Registration Statement and any subsequent amendments thereto to become effective as promptly as possible; (b) (i) promptly notify furnish the Dealer Manager of, and furnish to the Dealer Manager upon request, with a copy of (i) any comments of, or requests for additional or supplemental information from, the SEC, (ii) upon request from the SEC Dealer Manager, promptly furnish the Dealer Manager with a copy of any comments or requests from any state securities administrator and (ii) any proposed post-effective amendment to the Registration Statement or any proposed amendment or supplement to the Prospectus administrator, and (iii) promptly advise the Dealer Manager of the time and date that any post-effective amendment to the Registration Statement becomes effective; (c) timely file every amendment or supplement to the Registration Statement or the Prospectus that may be required by the SEC or under the Securities Act; and (d) if at any time the SEC shall issue any stop order or any other order preventing or suspending the effectiveness of the Registration Statement or the use of the Prospectus, or shall institute any proceeding proceedings for that purpose, then, the Company will promptly notify the Dealer Manager and, to the extent the board of managers of the Company, including a majority of the independent managers, Company determines that such action is in the best interest of the Company, (y) use its commercially reasonable efforts to prevent the issuance of any such order, and (z) if any such order is issued, or to obtain the lifting or removal of such order as promptly as possibleat the earliest possible time. Prior to amending or supplementing the Registration Statement, any preliminary prospectus or the Prospectus (including filing any amendment or supplement through incorporation of to the Prospectus or any report filed under pre-effective or post-effective amendment to the Exchange Act)Registration Statement with the SEC, the Company shall furnish will use commercially reasonable efforts to provide a draft of the filing to the Dealer Manager for its review, a reasonable period of time prior to the initial delivery of the proposed time changes to the financial printer. Notwithstanding the foregoing, the Company will not file with the SEC any amendment or supplement to the Prospectus or any pre-effective or post-effective amendment to the Registration Statement which in any way amends or modifies the section of filing the Prospectus entitled “Plan of Distribution,” or use thereofthose sections of the Prospectus described on Schedule 3 attached hereto for which the Dealer Manager made representations to FINRA, without first providing the Dealer Manager with a copy of each such proposed amendment or supplement, filing and the Company shall not file or use any such proposed amendment or supplement without obtaining the Dealer Manager’s consentapproval thereof, which consent shall such approval not to be unreasonably withheld or delayed.
Appears in 3 contracts
Samples: Dealer Manager Agreement (RREEF Property Trust, Inc.), Dealer Manager Agreement (RREEF Property Trust, Inc.), Dealer Manager Agreement (RREEF Property Trust, Inc.)
Compliance with Securities Laws and Regulations. The Company will: (a) use commercially reasonable efforts to cause the Registration Statement and any subsequent amendments thereto to become effective as promptly as possible; (b) promptly notify furnish the Dealer Manager of, and furnish to the Dealer Manager upon request, with a copy of (i) any comments or requests for additional or supplemental information from the SEC or any state securities administrator SEC; and (ii) any proposed post-effective amendment to the Registration Statement or any proposed amendment or supplement to the Prospectus Prospectus; and (iii) the time and date that any post-effective amendment to the Registration Statement becomes effective; (c) timely file every amendment or supplement to the Registration Statement or the Prospectus that may be required by the SEC or under the Securities Act; and (d) if at any time the SEC shall issue any stop order or any other order preventing or suspending the effectiveness of the Registration Statement or the use of the Prospectus, or shall institute any proceeding for that purpose, then, the Company will promptly notify the Dealer Manager and, to the extent the board of managers trustees of the Company, including a majority of the independent managerstrustees, determines that such action is in the best interest of the Company, (y) use its commercially reasonable efforts to prevent the issuance of any such order, and (z) if any such order is issued, to obtain the lifting or removal of such order as promptly as possible. Prior to amending or supplementing the Registration Statement, any preliminary prospectus or the Prospectus (including any amendment or supplement through incorporation of any report filed under the Exchange Investment Company Act), the Company shall furnish to the Dealer Manager for its review, a reasonable period of time prior to the proposed propose time of filing or use thereof, a copy of each such proposed amendment or supplement, and the Company shall not file or use any such proposed amendment or supplement without the Dealer Manager’s consent, which consent shall not be unreasonably withheld or delayed.
Appears in 2 contracts
Samples: Dealer Manager Agreement (Sierra Total Return Fund), Dealer Manager Agreement (Sierra Total Return Fund)
Compliance with Securities Laws and Regulations. The Company will: (a) use commercially reasonable efforts to cause the Registration Statement and any subsequent amendments thereto to become effective as promptly as possible; (b) (i) promptly notify furnish the Dealer Manager of, and furnish to the Dealer Manager upon request, with a copy of (i) any comments of, or requests for additional or supplemental information from from, the SEC SEC, (ii) promptly advise the Dealer Manager of the receipt of any comments of, or requests for additional or supplemental information from, any state securities administrator administrator, and (ii) any proposed post-effective amendment to upon request from the Registration Statement or any proposed amendment or supplement to Dealer Manager promptly furnish the Prospectus Dealer Manager with a copy of such comments and/or requests, and (iii) promptly advise the Dealer Manager of the time and date that any post-effective amendment to the Registration Statement becomes effective; (c) timely file every amendment or supplement to the Registration Statement or the Prospectus that may be required by the SEC or under the Securities Act; and (d) if at any time the SEC shall issue any stop order or any other order preventing or suspending the effectiveness of the Registration Statement or the use of the Prospectus, or shall institute any proceeding proceedings for that purpose, then, the Company will promptly notify the Dealer Manager and, to the extent the board of managers of the Company, including a majority of the independent managers, Company determines that such action is in the best interest of the Company, (y) use its commercially reasonable efforts to prevent the issuance of any such order, and (z) if any such order is issued, or to obtain the lifting or removal of such order as promptly as possibleat the earliest possible time. Prior to amending or supplementing the Registration Statement, any preliminary prospectus or the Prospectus (including filing any amendment or supplement through incorporation of to the Prospectus or any report filed under pre-effective or post-effective amendment to the Exchange Act)Registration Statement with the SEC, the Company shall furnish will use commercially reasonable efforts to provide a draft of the filing to the Dealer Manager for its review, a reasonable period of time prior to the initial delivery of the proposed time changes to the financial printer. Notwithstanding the foregoing, the Company will not file with the SEC any amendment or supplement to the Prospectus or any pre-effective or post-effective amendment to the Registration Statement which in any way amends or modifies the section of filing the Prospectus entitled “Plan of Distribution,” or use thereofthose sections of the Prospectus described on Schedule 3 attached hereto for which the Dealer Manager made representations to FINRA, without first providing the Dealer Manager with a copy of each such proposed amendment or supplement, filing and the Company shall not file or use any such proposed amendment or supplement without obtaining the Dealer Manager’s consentapproval thereof, which consent shall such approval not to be unreasonably withheld or delayed.
Appears in 2 contracts
Samples: Dealer Manager Agreement (RREEF Property Trust, Inc.), Dealer Agreement (RREEF Property Trust, Inc.)
Compliance with Securities Laws and Regulations. The Company will: (a) use commercially reasonable efforts to cause the Registration Statement and any subsequent post-effective amendments thereto to become effective with the SEC as promptly as possible; (b) (i) promptly notify furnish the Dealer Manager of, and furnish to the Dealer Manager upon request, with a copy of (i) any comments of, or requests for additional or supplemental information from from, the SEC SEC, (ii) promptly advise the Dealer Manager of the receipt of any comments of, or requests for additional or supplemental information from, any state securities administrator administrator, and (ii) any proposed post-effective amendment to upon request from the Registration Statement Dealer Manager promptly furnish the Dealer Manager with a copy of such comments or any proposed amendment or supplement to the Prospectus requests, and (iii) promptly advise the Dealer Manager of the time and date that the Registration Statement and any post-effective amendment to the Registration Statement becomes effectiveeffective with the SEC; (c) timely file every amendment or supplement to the Registration Statement or the Prospectus that may be required by the SEC or under the Securities Act; and (d) if at any time the SEC shall issue any stop order or any other order preventing or suspending the effectiveness of the Registration Statement or the use of the Prospectus, or shall institute any proceeding proceedings for that purpose, then, the Company will promptly notify the Dealer Manager and, to the extent the board of managers of the Company, including a majority of the independent managers, Company determines that such action is in the best interest of the Company, (y) use its commercially reasonable efforts to prevent the issuance of any such order, and (z) if any such order is issued, or to obtain the lifting or removal of such order as promptly as possibleat the earliest possible time. Prior to amending or supplementing the Registration Statement, any preliminary prospectus or the Prospectus (including filing any amendment or supplement through incorporation of to the Prospectus or any report filed under pre-effective or post-effective amendment to the Exchange Act)Registration Statement with the SEC, the Company shall furnish will use its best efforts to provide a draft of the filing to the Dealer Manager for its review, a reasonable period of time prior to the initial delivery of the proposed time changes or amended filing to the financial printer. Notwithstanding the foregoing, the Company will not file with the SEC any amendment or supplement to the Prospectus or any pre-effective or post-effective amendment to the Registration Statement which in any way materially amends, supplements or otherwise modifies (i) the section of filing the Prospectus entitled “Plan of Distribution” or use thereof, (ii) any other material disclosure in the Prospectus regarding the Dealer Manager or Colony S2K Servicing LLC (the “Service Provider”) without first providing the Dealer Manager with a copy of each such proposed amendment or supplement, filing and the Company shall not file or use any such proposed amendment or supplement without obtaining the Dealer Manager’s consentconsent thereto, which with such consent shall not to be unreasonably withheld withheld, delayed or delayedconditioned.
Appears in 2 contracts
Samples: Dealer Manager Agreement (Procaccianti Hotel Reit, Inc.), Dealer Manager Agreement (Procaccianti Hotel Reit, Inc.)
Compliance with Securities Laws and Regulations. The Company will: (a) use commercially reasonable efforts to cause the Registration Statement and any subsequent amendments thereto to become effective as promptly as possible; (b) promptly notify the Dealer Manager of, and furnish to the Dealer Manager upon request, request a copy of (i) any comments or requests for additional or supplemental information from the SEC or any state securities administrator and (ii) any proposed post-effective amendment to the Registration Statement or any proposed amendment or supplement to the Prospectus Prospectus; and (iii) the time and date that any post-effective amendment to the Registration Statement becomes effective; (c) timely file every amendment or supplement to the Registration Statement or the Prospectus that may be required by the SEC or under the Securities Act; and (d) if at any time the SEC shall issue any stop order or any other order preventing or suspending the effectiveness of the Registration Statement or the use of the Prospectus, or shall institute any proceeding for that purpose, then, the Company will promptly notify the Dealer Manager and, to the extent the board of managers of the Company, including a majority of the independent managers, determines that such action is in the best interest of the Company, (y) use its commercially reasonable efforts to prevent the issuance of any such order, and (z) if any such order is issued, to obtain the lifting or removal of such order as promptly as possible. Prior to amending or supplementing the Registration Statement, any preliminary prospectus or the Prospectus (including any amendment or supplement through incorporation of any report filed under the Exchange Act), the Company shall furnish to the Dealer Manager for its review, a reasonable period of time prior to the proposed time of filing or use thereof, a copy of each such proposed amendment or supplement, and the Company shall not file or use any such proposed amendment or supplement without the Dealer Manager’s consent, which consent shall not be unreasonably withheld or delayed.
Appears in 1 contract
Samples: Dealer Manager Agreement (Greenbacker Renewable Energy Co LLC)
Compliance with Securities Laws and Regulations. The Company will: (a) use commercially reasonable efforts to cause the Registration Statement and any subsequent post-effective amendments thereto to become effective with the SEC as promptly as possible; (b) (i) promptly notify furnish the Dealer Manager of, and furnish to the Dealer Manager upon request, with a copy of (i) any comments of, or requests for additional or supplemental information from from, the SEC SEC, (ii) promptly advise the Dealer Manager of the receipt of any comments of, or requests for additional or supplemental information from, any state securities administrator administrator, and (ii) any proposed post-effective amendment to upon request from the Registration Statement Dealer Manager promptly furnish the Dealer Manager with a copy of such comments or any proposed amendment or supplement to the Prospectus requests, and (iii) promptly advise the Dealer Manager of the time and date that the Registration Statement and any post-effective amendment to the Registration Statement becomes effectiveeffective with the SEC; (c) timely file every amendment or supplement to the Registration Statement or the Prospectus that may be required by the SEC or under the Securities Act; and (d) if at any time the SEC shall issue any stop order or any other order preventing or suspending the effectiveness of the Registration Statement or the use of the Prospectus, or shall institute any proceeding proceedings for that purpose, then, the Company will promptly notify the Dealer Manager and, to the extent the board of managers of the Company, including a majority of the independent managers, Company determines that such action is in the best interest of the Company, (y) use its commercially reasonable efforts to prevent the issuance of any such order, and (z) if any such order is issued, or to obtain the lifting or removal of such order as promptly as possibleat the earliest possible time. Prior to amending or supplementing the Registration Statement, any preliminary prospectus or the Prospectus (including filing any amendment or supplement through incorporation of to the Prospectus or any report filed under pre-effective or post-effective amendment to the Exchange Act)Registration Statement with the SEC, the Company shall furnish will use its best efforts to provide a draft of the filing to the Dealer Manager for its review, a reasonable period of time prior to the initial delivery of the proposed time changes or amended filing to the financial printer. Notwithstanding the foregoing, the Company will not file with the SEC any amendment or supplement to the Prospectus or any pre-effective or post-effective amendment to the Registration Statement which in any way materially amends, supplements or otherwise modifies (i) the section of filing the Prospectus entitled “Plan of Distribution” or use thereof, (ii) any other material disclosure in the Prospectus regarding the Dealer Manager or the Service Provider (as defined herein) without first providing the Dealer Manager with a copy of each such proposed amendment or supplement, filing and the Company shall not file or use any such proposed amendment or supplement without obtaining the Dealer Manager’s consentconsent thereto, which with such consent shall not to be unreasonably withheld withheld, delayed or delayedconditioned.
Appears in 1 contract
Samples: Dealer Manager Agreement (Procaccianti Hotel Reit, Inc.)