Common use of Dealer’s Undertaking to Not Facilitate a Secondary Market in the Shares Clause in Contracts

Dealer’s Undertaking to Not Facilitate a Secondary Market in the Shares. The Dealer acknowledges that there is no public trading market for the Shares and that there are limits on the ownership, transferability and redemption of the Shares, which significantly limit the liquidity of an investment in the Shares. The Dealer also acknowledges that the Company’s Share Repurchase Program (the “Program”) provides only a limited opportunity for investors to have their Shares redeemed by the Company and that the Company’s board of directors may, in its sole discretion, amend, suspend, or terminate the Program at any time in accordance with the terms of the Program. The Dealer further acknowledges that the Company is obligated to immediately terminate the Program if the Shares are listed on a national securities exchange or if a secondary market in the Shares is otherwise established. The Dealer hereby agrees that so long as the Company is offering Shares under a registration statement filed with the Commission (including any follow-on offering of the Shares) and the Company has not listed the Shares on a national securities exchange, the Dealer will not engage in any action or transaction that would facilitate or otherwise create the appearance of a secondary market in the Shares without the prior written approval of the Dealer Manager.

Appears in 13 contracts

Samples: Selected Dealer Agreement (Cantor Fitzgerald Income Trust, Inc.), Selected Dealer Agreement (Cantor Fitzgerald Income Trust, Inc.), Selected Dealer Agreement (Rodin Global Property Trust, Inc.)

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Dealer’s Undertaking to Not Facilitate a Secondary Market in the Shares. The Dealer acknowledges that there is no public trading market for the Shares and that there are limits on the ownership, transferability and redemption of the Shares, which significantly limit the liquidity of an investment in the Shares. The Dealer also acknowledges that the Company’s Share Repurchase Redemption Program (the “Program”) provides only a limited opportunity for investors to have their Shares redeemed by the Company and that the Company’s board of directors may, in its sole discretion, amend, suspend, or terminate the Program at any time in accordance with the terms of the Program. The Dealer further acknowledges that the Company is obligated to immediately terminate the Program if the Shares are listed on a national securities exchange or if a secondary market in the Shares is otherwise established. The Dealer hereby agrees that so long as the Company is offering Shares under a registration statement filed with the Commission (including any follow-on offering of the Shares) and the Company has not listed the Shares on a national securities exchange, the Dealer will not engage in any action or transaction that would facilitate or otherwise create the appearance of a secondary market in the Shares without the prior written approval of the Dealer Manager.

Appears in 11 contracts

Samples: Dealer Manager Agreement (Dividend Capital Diversified Property Fund Inc.), Dealer Manager Agreement (Dividend Capital Diversified Property Fund Inc.), Dealer Manager Agreement (Dividend Capital Diversified Property Fund Inc.)

Dealer’s Undertaking to Not Facilitate a Secondary Market in the Shares. The Dealer acknowledges that there is no public trading market for the Shares and that there are limits on the ownership, transferability and redemption of the Shares, which significantly limit the liquidity of an investment in the Shares. The Dealer also acknowledges that the Company’s Share Repurchase Redemption Program (the “Program”) provides only a limited opportunity for investors to have their Shares redeemed by the Company and that the Company’s board of directors may, in its sole discretion, amend, suspend, or terminate the Program at any time in accordance with the terms of the Program. The Dealer further acknowledges that the Company is obligated to immediately terminate the Program if the Shares are listed on a national securities exchange or if a secondary market in the Shares is otherwise established. The Dealer hereby agrees that so long as the Company is offering Shares under a registration statement filed with the Commission SEC (including any follow-on offering of the Shares) and the Company has not listed the Shares on a national securities exchange, the Dealer will not engage in any action or transaction that would facilitate or otherwise create the appearance of a secondary market in the Shares without the prior written approval of the Dealer Manager.

Appears in 10 contracts

Samples: Dealer Manager Agreement (Dividend Capital Diversified Property Fund Inc.), Form of Selected Dealer Agreement (Dividend Capital Diversified Property Fund Inc.), Form of Selected Dealer Agreement (Dividend Capital Total Realty Trust Inc.)

Dealer’s Undertaking to Not Facilitate a Secondary Market in the Shares. The Dealer acknowledges that there is no public trading market for the Shares and that there are limits on the ownership, transferability and redemption repurchase of the Shares, which significantly limit the liquidity of an investment in the Shares. The Dealer also acknowledges that the Company’s Share Repurchase Program Plan (the “ProgramPlan”) provides only a limited opportunity for investors to have their Shares redeemed purchased by the Company and that the Company’s board of directors may, in its sole discretion, amend, suspend, or terminate the Program Plan at any time in accordance with the terms of the Program. The Dealer further acknowledges that the Company is obligated to immediately terminate the Program if the Shares are listed on a national securities exchange or if a secondary market in the Shares is otherwise establishedPlan. The Dealer hereby agrees that so long as the Company is offering Shares under a registration statement Registration Statement filed with the Commission (including any follow-on offering of the Shares) SEC and the Company has not listed the Shares on a national securities exchange, the Dealer will not engage in any action or transaction that would facilitate or otherwise create the appearance of a secondary market in the Shares without the prior written approval of the Dealer Manager.

Appears in 4 contracts

Samples: Dealer Manager Agreement (EQT Exeter Real Estate Income Trust, Inc.), Selected Dealer Agreement (EQT Exeter Real Estate Income Trust, Inc.), Selected Dealer Agreement (EQT Exeter Real Estate Income Trust Inc.)

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Dealer’s Undertaking to Not Facilitate a Secondary Market in the Shares. The Dealer acknowledges that there is no public trading market for the Shares and that there are limits on the ownership, transferability and redemption of the Shares, which significantly limit the liquidity of an investment in the Shares. The Dealer also acknowledges that the Company’s Share Repurchase Program share redemption program (the “Program”) provides only a limited opportunity for investors to have their Shares redeemed by the Company and that the Company’s board of directors may, in its sole discretion, amend, suspend, or terminate the Program at any time in accordance with the terms of the Program. The Dealer further acknowledges that the Company is obligated to immediately terminate the Program if the Shares are listed on a national securities exchange or if a secondary market in the Shares is otherwise established. The Dealer hereby agrees that so long as the Company is offering Shares under a registration statement filed with the Commission (including any follow-on offering of the Shares) and the Company has not listed the Shares on a national securities exchange, the Dealer will not engage in any action or transaction that would facilitate or otherwise create the appearance of a secondary market in the Shares without the prior written approval of the Dealer Manager.

Appears in 2 contracts

Samples: BLACK CREEK INDUSTRIAL REIT IV Inc., BLACK CREEK INDUSTRIAL REIT IV Inc.

Dealer’s Undertaking to Not Facilitate a Secondary Market in the Shares. The Dealer acknowledges that there is no public trading market for the Shares and that there are limits on the ownership, transferability and redemption of the Shares, which significantly limit the liquidity of an investment in the Shares. The Dealer also acknowledges that the Company’s Share Repurchase Program share redemption programs (the “ProgramPrograms”) provides provide only a limited opportunity for investors to have their Shares redeemed by the Company and that the Company’s board of directors may, in its sole discretion, amend, suspend, or terminate the Program Programs at any time in accordance with the terms of the ProgramPrograms. The Dealer further acknowledges that the Company is obligated to immediately terminate the Program Programs if the Shares are listed on a national securities exchange or if a secondary market in the Shares is otherwise established. The Dealer hereby agrees that so long as the Company is offering Shares under a registration statement filed with the Commission (including any follow-on offering of the Shares) and the Company has not listed the Shares on a national securities exchange, the Dealer will not engage in any action or transaction that would facilitate or otherwise create the appearance of a secondary market in the Shares without the prior written approval of the Dealer Manager.

Appears in 2 contracts

Samples: BLACK CREEK INDUSTRIAL REIT IV Inc., BLACK CREEK INDUSTRIAL REIT IV Inc.

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