Common use of Compliance with the Securities Act Clause in Contracts

Compliance with the Securities Act. During the term of this Agreement: (i) the Registration Statement, the Prospectus and any amendments or supplements thereto have complied, and will comply, in all material respects with the Securities Act, the Securities Act Rules and Regulations, the Exchange Act and the Exchange Act Rules and Regulations; and (ii) the Registration Statement does not, and any amendment thereto will not, in each case as of the applicable Effective Date, include any untrue statement of material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading and the Prospectus does not, and any amendment or supplement thereto will not, as of the applicable filing date, include any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they are made, not misleading; provided, however, that the foregoing provisions of this Section 1(c) will not extend to any statements contained in or omitted from the Registration Statement or the Prospectus that are based upon information furnished to the Company by the Dealer Manager expressly for use in the Registration Statement or Prospectus.

Compliance with the Securities Act. During From the term of this Agreement:time the Registration Statement becomes effective and at all times subsequent thereto up to and including the “Termination Date” (as defined in Section 10(a) hereof): (i) the Registration Statement, the Prospectus and any amendments or supplements thereto have complied, and will comply, comply in all material respects with the Securities Act, the Securities Act Rules and Regulations, the Exchange Act and the Exchange Securities Act Rules and Regulations; and (ii) the Registration Statement does not, and any amendment thereto will not, in each case as of the applicable Effective Date, include any untrue statement of material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, therein not misleading and the Prospectus does not, and any amendment or supplement thereto will not, as of the applicable filing date, include any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they are made, not misleading; provided, however, that the foregoing provisions of this Section 1(c1(b) will not extend to any statements contained in or omitted from the Registration Statement or the Prospectus that are based upon information furnished to the Company by the Dealer Manager expressly or any Soliciting Dealer to the Company for use in the Registration Statement or Prospectus.

Compliance with the Securities Act. During From the term of this Agreement:time the Registration Statement becomes effective and at all times subsequent thereto up to and including the “Termination Date” (as defined in Section 9(a) hereof): (i) the Registration Statement, the Prospectus and any amendments or supplements thereto have complied, complied and will comply, comply in all material respects with the Securities Act, the Securities Act Rules and Regulations, the Exchange Act and the Exchange Securities Act Rules and Regulations; and (ii) the Registration Statement does not, and any amendment thereto will not, in each case as of the applicable Effective Date, include any untrue statement of material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, therein not misleading and the Prospectus does not, and any amendment or supplement thereto will not, as of the applicable filing date, include any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they are made, not misleading; provided, however, that the foregoing provisions of this Section 1(c1(b) will not extend to any statements contained in or omitted from the Registration Statement or the Prospectus that are based upon information furnished to the Company by the Dealer Manager expressly or any Soliciting Dealer to the Company for use in the Registration Statement or Prospectus.