Common use of Effectiveness; Termination; Amendment Clause in Contracts

Effectiveness; Termination; Amendment. This Selected Dealer Agreement shall become effective upon the execution hereof by Dealer and receipt of such executed Selected Dealer Agreement by the Dealer Manager; provided, however, that in the event of the execution of this Selected Dealer Agreement prior to the time that the Registration Statement becomes effective with the SEC, this Selected Dealer Agreement shall not become effective prior to the Registration Statement becoming effective with the SEC and shall instead become effective simultaneously with the effectiveness of the Registration Statement. Dealer will immediately suspend or terminate its offer and sale of Shares upon the request of the Company or the Dealer Manager at any time and will resume its offer and sale of Shares hereunder upon subsequent request of the Company or the Dealer Manager. The Dealer Manager or the Dealer may terminate this Selected Dealer Agreement by written notice. Such termination shall be effective 48 hours after the mailing of such notice. This Selected Dealer Agreement and the exhibits and schedules hereto shall constitute the entire agreement of the parties and shall supersede all prior agreements, if any, between the parties hereto. This Selected Dealer Agreement may be amended at any time by the Dealer Manager upon providing 30 days written notice to the Dealer, provided that any such amendment shall be deemed accepted and agreed to by Dealer upon placing an order for sale of Shares after he has received such notice.

Appears in 4 contracts

Samples: Hines Global REIT, Inc., Hines Global REIT, Inc., Hines Global REIT, Inc.

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Effectiveness; Termination; Amendment. This Selected Dealer Agreement shall become effective upon the execution hereof by the Dealer and receipt of such executed Selected Dealer Agreement by the Dealer Manager; provided, however, that in the event of the execution of this Selected Dealer Agreement prior to the time that the Registration Statement becomes effective with the SEC, this Selected Dealer Agreement shall not become effective prior to the Registration Statement becoming effective with the SEC and shall instead become effective simultaneously with the effectiveness of the Registration Statement. The Dealer will immediately suspend or terminate its offer and sale of Shares upon the request of the Company or the Dealer Manager at any time and will resume its offer and sale of Shares hereunder upon subsequent request of the Company or the Dealer Manager. The Dealer Manager or the Dealer may terminate this Selected Dealer Agreement by written notice. Such termination shall be effective 48 hours after the mailing of such notice. This Selected Dealer Agreement and the exhibits and schedules hereto shall constitute the entire agreement of the parties and shall supersede all prior agreements, if any, between the parties hereto. This Selected Dealer Agreement may be amended at any time by the Dealer Manager upon providing 30 days written notice to the Dealer, provided that any such amendment shall be deemed accepted and agreed to by the Dealer upon placing an order for sale of Shares after he has received such notice.

Appears in 3 contracts

Samples: Selected Dealer Agreement (HMS Income Fund, Inc.), Selected Dealer Agreement (HMS Income Fund, Inc.), Selected Dealer Agreement (HMS Income Fund, Inc.)

Effectiveness; Termination; Amendment. This Selected Dealer Agreement shall become effective upon the execution hereof by Dealer and receipt of such executed Selected Dealer Agreement by the Dealer Manager; provided, however, that in the event of the execution of this Selected Dealer Agreement prior to the time that the Registration Statement Statement, as defined in the Dealer Manager Agreement, becomes effective with the SEC, this Selected Dealer Agreement shall not become effective prior to the Registration Statement becoming effective with the SEC and shall instead become effective simultaneously with the effectiveness of the Registration Statement. Dealer will immediately suspend or terminate its offer and sale of Shares upon the request of the Company or the Dealer Manager at any time and will resume its offer and sale of Shares hereunder upon subsequent request of the Company or the Dealer Manager. The Dealer Manager or the Dealer Any party may terminate this Selected Dealer Agreement by written notice. Such termination shall be effective 48 hours after the mailing of such notice. This Selected Dealer Agreement and the exhibits and schedules hereto shall constitute the entire agreement of the parties and shall supersede all prior agreements, if any, between the parties hereto. This Selected Dealer Agreement may be amended at any time by the Dealer Manager upon providing 30 days days’ written notice to the Dealer, provided that any such amendment shall be deemed accepted and agreed to by Dealer upon placing an order for the sale of Shares after he Dealer has received such notice.

Appears in 3 contracts

Samples: Selected Dealer Agreement (Hines Real Estate Investment Trust Inc), Dealer Manager Agreement (Hines Real Estate Investment Trust Inc), Selected Dealer Agreement (Hines Real Estate Investment Trust Inc)

Effectiveness; Termination; Amendment. This Selected Dealer Agreement shall become effective upon following the execution hereof by the Dealer and receipt and acceptance of such executed Selected Dealer Agreement by the Dealer Manager; provided. For the avoidance of doubt, however, that in such effective date shall be noted on the event of the execution of Dealer Manager’s signature page to this Selected Dealer Agreement prior to the time that the Registration Statement becomes effective with the SEC, this Selected Dealer Agreement shall not become effective prior to the Registration Statement becoming effective with the SEC and shall instead become effective simultaneously with the effectiveness of the Registration StatementAgreement. The Dealer will immediately suspend or terminate its offer and sale of Shares upon the request of the Company or the Dealer Manager at any time and will resume its offer and sale of Shares hereunder upon subsequent request of the Company or the Dealer Manager. The Dealer Manager or the Dealer may terminate this Selected Dealer Agreement by written notice. Such termination shall be effective 48 hours after the mailing of such notice. This Selected Dealer Agreement and the exhibits and schedules hereto shall constitute the entire agreement of the parties and shall supersede all prior agreements, if any, between the parties hereto. This Selected Dealer Agreement may be amended at any time by the Dealer Manager upon providing 30 days written notice to the Dealer, provided that any such amendment shall be deemed accepted and agreed to by the Dealer upon placing an order for sale of Shares after he has received such notice. The respective agreements and obligations of the Dealer Manager and the Dealer set forth in Sections IV, VI, VII, XI, XII and XVI through XXII of this Selected Dealer Agreement shall remain operative and in full force and effect regardless of the termination of this Selected Dealer Agreement.

Appears in 3 contracts

Samples: Selected Dealer Agreement (Hines Global Income Trust, Inc.), Selected Dealer Agreement (Hines Global Income Trust, Inc.), Selected Dealer Agreement (Hines Global Income Trust, Inc.)

Effectiveness; Termination; Amendment. This Selected Dealer Agreement shall become effective upon the execution hereof by Dealer and receipt of such executed Selected Dealer Agreement by the Dealer Manager; provided, however, that in the event of the execution of this Selected Dealer Agreement prior to the time that the Registration Statement Statement, as defined in the Dealer Manager Agreement, becomes effective with the SEC, this Selected Dealer Agreement shall not become effective prior to the Registration Statement becoming effective with the SEC and shall instead become effective simultaneously with the effectiveness of the Registration Statement. Dealer will immediately suspend or terminate its offer and sale of Shares upon the request of the Company or the Dealer Manager at any time and will resume its offer and sale of Shares hereunder upon subsequent request of the Company or the Dealer Manager. The Dealer Manager or the Dealer may terminate this Selected Dealer Agreement by written notice. Such termination shall be effective 48 hours after the mailing of such notice. This Selected Dealer Agreement and the exhibits and schedules hereto shall constitute the entire agreement of the parties and shall supersede all prior agreements, if any, between the parties hereto. This Selected Dealer Agreement may be amended at any time by the Dealer Manager upon providing 30 days days’ written notice to the Dealer, provided that any such amendment shall be deemed accepted and agreed to by Dealer upon placing an order for the sale of Shares after he Dealer has received such notice.

Appears in 2 contracts

Samples: Selected Dealer Agreement (Hines Real Estate Investment Trust Inc), Selected Dealer Agreement (Hines Real Estate Investment Trust Inc)

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Effectiveness; Termination; Amendment. This Selected Dealer Agreement shall become effective upon the execution hereof by Dealer and receipt of such executed Selected Dealer Agreement by the Dealer Manager; provided, however, that in the event of the execution of this Selected Dealer Agreement prior to the time that the Registration Statement Statement, as defined in the Dealer Manager Agreement, becomes effective with the SEC, this Selected Dealer Agreement shall not become effective prior to the Registration Statement becoming effective with the SEC and shall instead become effective simultaneously with the effectiveness of the Registration Statement. Dealer will immediately suspend or terminate its offer and sale of Shares upon the request of the Company or the Dealer Manager at any time and will resume its offer and sale of Shares hereunder upon subsequent request of the Company or the Dealer Manager. The Dealer Manager or the Dealer may terminate this Selected Dealer Agreement by written notice. Such termination shall be effective 48 hours after the mailing of such notice. This Selected Dealer Agreement and the exhibits and schedules hereto shall constitute the entire agreement of the parties and shall supersede all prior agreements, if any, between the parties hereto. This Selected Dealer Agreement may be amended at any time by the Dealer Manager (with the consent of the Advisor with respect to (A) the third paragraph of Article IV of this Selected Dealer Agreement, irrespective of whether the Dealer is a Commission Dealer or Advisory Fee Dealer and (B) Schedule I of this Selected Dealer Agreement if the Dealer is an Advisory Fee Dealer), upon providing 30 days days’ written notice to the Dealer, provided that any such amendment shall be deemed accepted and agreed to by Dealer upon placing an order for the sale of Shares after he Dealer has received such notice.

Appears in 1 contract

Samples: Selected Dealer Agreement (Hines Real Estate Investment Trust Inc)

Effectiveness; Termination; Amendment. This Selected Dealer Agreement shall become effective upon the execution hereof by the Dealer and receipt of such executed Selected Dealer Agreement by the Dealer Manager; provided, however, that in the event of the execution of this Selected Dealer Agreement prior to the time that the Registration Statement becomes effective with the SECCommission , this Selected Dealer Agreement shall not become effective prior to the Registration Statement becoming effective with the SEC Commission and shall instead become effective simultaneously with the effectiveness of the Registration Statement. The Dealer will immediately suspend or terminate its offer and sale of Shares upon the request of the Company or the Dealer Manager at any time and will resume its offer and sale of Shares hereunder upon subsequent request of the Company or the Dealer Manager. The Dealer Manager or the Dealer may terminate this Selected Dealer Agreement by written notice. Such termination shall be effective 48 hours after the mailing of such notice. This Selected Dealer Agreement and the exhibits and schedules hereto shall constitute the entire agreement of the parties and shall supersede all prior agreements, if any, between the parties hereto. This Selected Dealer Agreement may be amended at any time by the Dealer Manager upon providing 30 days written notice to the Dealer, provided that any such amendment shall be deemed accepted and agreed to by the Dealer upon placing an order for sale of Shares after he has received such notice.

Appears in 1 contract

Samples: Dealer Manager Agreement (HMS Income Fund, Inc.)

Effectiveness; Termination; Amendment. This Selected Dealer Agreement shall become effective upon the execution hereof by Dealer and receipt of such executed Selected Dealer Agreement by the Dealer Manager; provided, however, that in the event of the execution of this Selected Dealer Agreement prior to the time that the registration statement ("Registration Statement Statement") described in Section 1.1 of the Dealer Manager Agreement becomes effective with the Securities and Exchange Commission ("SEC"), this Selected Dealer Agreement shall not become effective prior to the Registration Statement becoming effective with the SEC and shall instead become effective simultaneously with the effectiveness of the Registration Statement. Dealer will immediately suspend or terminate its offer and sale of Shares upon the request of the Company or the Dealer Manager at any time and will resume its offer and sale of Shares hereunder upon subsequent request of the Company or the Dealer Manager. The Dealer Manager or the Dealer Any party may terminate this Selected Dealer Agreement by written notice. Such termination shall be effective 48 hours after the mailing of such notice. This Selected Dealer Agreement and the exhibits and schedules hereto shall constitute are the entire agreement of the parties and shall supersede supersedes all prior agreements, if any, between the parties hereto. This Selected Dealer Agreement may be amended at any time by the Dealer Manager upon providing 30 days days' written notice to the Dealer, provided that any such amendment shall be deemed accepted and agreed to by Dealer upon placing an order for the sale of Shares after he Dealer has received such notice.

Appears in 1 contract

Samples: Hines Real Estate Investment Trust Inc

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