Common use of CONDITIONS TO THE DEALER MANAGER’S OBLIGATIONS Clause in Contracts

CONDITIONS TO THE DEALER MANAGER’S OBLIGATIONS. The Dealer Manager’s obligations hereunder shall be subject to the following terms and conditions, and if all such conditions are not satisfied or waived by the Dealer Manager on or before the initial Effective Date or at any time thereafter until the Termination Date, then no funds shall be released (i) from the Escrow Account if the Dealer Manager provides notice to this effect to the Company and the Escrow Agent, and (ii) from the designated deposit account in the name of the Company at UMB Bank, N.A. if the Dealer Manager provides notice to this effect to the Company and UMB Bank, N.A. (a) The representations and warranties on the part of the Company contained in this Agreement hereof shall be true and correct in all material respects and the Company shall have complied with its covenants, agreements and obligations contained in this Agreement in all material respects. (b) The Registration Statement shall have become effective and no stop order suspending the effectiveness of the Registration Statement shall have been issued by the SEC and, to the best knowledge of the Company, no proceedings for that purpose shall have been instituted by the SEC; and any request by the SEC for additional information (to be included in the Registration Statement or Prospectus or otherwise) shall have been complied with to the reasonable satisfaction of the Dealer Manager.

CONDITIONS TO THE DEALER MANAGER’S OBLIGATIONS. The Dealer Manager’s obligations hereunder shall be subject to the following terms and conditions, and if all such conditions are not satisfied or waived by the Dealer Manager on or before the initial Effective Date or at any time thereafter until the Termination Date, then no funds shall be released (i) from the Escrow Account if the Dealer Manager provides notice to this effect to the Company and the Escrow Agent, and (ii) from the designated deposit account in the name of the Company at UMB Bank, N.A. if the Dealer Manager provides notice to this effect to the Company and UMB Bank, N.A. (a) The representations and warranties on the part of the Company contained in this Agreement hereof shall be true and correct in all material respects and the Company shall have complied with its covenants, agreements and obligations contained in this Agreement in all material respects. (b) The Registration Statement shall have become effective and no stop order suspending the effectiveness of the Registration Statement shall have been issued by the SEC and, to the best knowledge of the Company, no proceedings for that purpose shall have been instituted by the SEC; and any request by the SEC for additional information (to be included in the Registration Statement or Prospectus or otherwise) shall have been complied with to the reasonable satisfaction of the Dealer Manager.

CONDITIONS TO THE DEALER MANAGER’S OBLIGATIONS. The Dealer Manager’s obligations hereunder shall be subject to the following terms and conditions, and if all such conditions are not satisfied or waived by the Dealer Manager on or before the initial Effective Date or at any time thereafter until the Termination Date, then no funds shall be released (i) from the Escrow Account if the Dealer Manager provides notice to this effect to the Company and the Escrow Agent, and (ii) from the designated deposit account in the name of the Company at UMB Bank, N.A. if the Dealer Manager provides notice to this effect to the Company and UMB Bank, N.A. (a) The representations and warranties on the part of the Company and the Sponsor contained in this Agreement hereof shall be true and correct in all material respects and the Company and the Sponsor shall have complied with its their covenants, agreements and obligations contained in this Agreement in all material respects. (b) The Registration Statement shall have become effective and no stop order suspending the effectiveness of the Registration Statement shall have been issued by the SEC and, to the best knowledge of the Company, no proceedings for that purpose shall have been instituted by the SEC; and any request by the SEC for additional information (to be included in the Registration Statement or Prospectus or otherwise) shall have been complied with to the reasonable satisfaction of the Dealer Manager.