Common use of Deliveries Upon Termination Clause in Contracts

Deliveries Upon Termination. Upon termination of this Agreement, ALPS agrees to cooperate in the orderly transfer of distribution duties and shall deliver to the Fund or as otherwise directed by the Fund (at the expense of the Fund) all records and other documents made or accumulated in the performance of its duties for the Fund hereunder. Further, upon termination of this Agreement, ALPS agrees to use commercially reasonable efforts to assist the Fund with respect to the process of coordinating with the Fund’s designated successor distributor to notify applicable participating intermediaries that have currently effective Broker-Dealer Selling Agreements that a successor distributor has been designated by the Fund and to provide copies of all such agreements to the successor distributor, upon the written direction of the Fund. In the event ALPS gives notice of termination under this Agreement, it will continue to provide the services contemplated hereunder after such termination at the contractual rate for up to 120 days following the date of termination, provided that the Fund uses commercially reasonable efforts to appoint such replacement on a timely basis.

Appears in 4 contracts

Samples: Distribution Agreement (CC Real Estate Income Fund-T2), Distribution Agreement (CC Real Estate Income Fund-Adv), Distribution Agreement (NorthStar Real Estate Capital Income Fund-C)

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Deliveries Upon Termination. Upon termination of this Agreement, ALPS agrees to cooperate in the orderly transfer of distribution duties and shall deliver to the Fund or as otherwise directed by the Fund (at the expense of the Fund) all records and other documents made or accumulated in the performance of its duties for the Fund hereunder. Further, upon termination of this Agreement, Agreement ALPS agrees to use commercially reasonable its best efforts to assist the Fund with respect to the process of coordinating with assignment of the then-currently applicable Broker-Dealer Selling Agreements (to which ALPS is a named party) to the Fund’s designated successor distributor and immediately notify all participating broker dealers to notify applicable participating intermediaries that have currently effective such Broker-Dealer Selling Agreements that a successor distributor has been Agreements, upon request of the Fund’s designated by the Fund and to provide copies of all such agreements to the successor distributor, upon the written direction of the Fundthat an assignment will be made to such successor distributor. In the event ALPS gives notice of termination under this Agreement, it will continue to provide the services contemplated hereunder after such termination at the contractual rate for up to 120 days following the date of terminationdays, provided that the Fund uses commercially all reasonable commercial efforts to appoint such replacement on a timely basis.

Appears in 3 contracts

Samples: Distribution Agreement (Griffin Institutional Access Credit Fund), Distribution Agreement (Griffin Institutional Access Real Estate Fund), Form of Distribution Agreement (Griffin Institutional Access Real Estate Fund)

Deliveries Upon Termination. Upon termination of this Agreement, ALPS agrees to cooperate in the orderly transfer of distribution duties and shall deliver to the Fund or as otherwise directed by the Fund (at the expense of the Fund) all records and other documents made or accumulated in the performance of its duties for the Fund hereunder. Further, upon termination of this Agreement, ALPS agrees to use commercially reasonable efforts to assist the Fund with respect to the process of coordinating with the Fund’s designated successor distributor to notify applicable participating intermediaries that have currently effective Broker-Dealer Selling Agreements (as defined in Exhibit 1) that a successor distributor has been designated by the Fund and to provide copies of all such agreements Agreements to the successor distributor, upon the written direction of the Fund. In the event ALPS gives notice of termination under this Agreement, it will continue to provide the services contemplated hereunder after such termination at the contractual rate for up to 120 days following the date of terminationdays, provided that the Fund uses commercially all reasonable commercial efforts to appoint such replacement on a timely basis.

Appears in 2 contracts

Samples: Distribution Agreement (FS Credit Income Fund), Distribution Agreement (FS Energy Total Return Fund)

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Deliveries Upon Termination. Upon termination of this Agreement, ALPS agrees to cooperate in the orderly transfer of distribution duties and shall deliver to the Fund or as otherwise directed by the Fund (at the expense of the Fund) all records and other documents made or accumulated in the performance of its duties for the Fund hereunder. Further, upon termination of this Agreement, ALPS agrees to use commercially reasonable efforts to assist the Fund with respect to the process of coordinating with the Fund’s designated successor distributor to notify applicable participating intermediaries that have currently effective Broker-Dealer Selling Agreements that a successor distributor has been designated by the Fund and to provide copies of all such agreements to the successor distributor, upon the written direction of the Fund. Fund In the event ALPS gives notice of termination under this Agreement, it will continue to provide the services contemplated hereunder after such termination at the contractual rate for up to 120 days following the date of termination, provided that the Fund uses commercially reasonable efforts to appoint such replacement on a timely basis.

Appears in 1 contract

Samples: Distribution Agreement (NorthStar/Townsend Institutional Real Estate Fund Inc.)

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