Common use of Electronic Delivery of Information; Electronic Processing of Subscriptions Clause in Contracts

Electronic Delivery of Information; Electronic Processing of Subscriptions. Pursuant to the Dealer Manager Agreement, the Company has agreed and assumed the duty to confirm on its behalf and on behalf of dealers or brokers who sell the Shares all orders for purchase of Shares accepted by the Company. In addition, the Company, the Dealer Manager and/or third parties engaged by the Company or the Dealer Manager may, from time to time, provide to the Dealer copies of stockholder letters, annual reports and other communications provided to Company stockholders. The Dealer agrees that, to the extent practicable and permitted by law, all confirmations, statements, communications and other information provided to or from the Company, the Dealer Manager, the Dealer and/or their agents or customers shall be provided electronically. To the extent that the Dealer desires physical copies of such materials to be provided, it may request physical copies to be provided from the Company, the Dealer Manager and/or such third parties; provided, however, that the Company, the Dealer Manager and such third parties shall determine the processes and service providers needed to produce such copies and the Dealer shall be required to pay the resulting costs and expenses of the production of such copies. Such costs and expenses may be deducted from selling commissions, reallowances or other payments to the Dealer pursuant to this Agreement. With respect to Xxxxxx held through custodial accounts, the Dealer agrees and acknowledges that to the extent practicable and permitted by law, all confirmations, statements, communications and other information provided from the Company, the Dealer Manager and/or their agents to Company stockholders may be provided solely to the custodian that is the registered owner of the Shares, rather than to the beneficial owners of the Shares. In such case it shall be the responsibility of the custodian to distribute the information to the beneficial owners of Shares. The Dealer agrees and acknowledges that the Dealer Manager may use an electronic platform to process subscriptions, including but not limited to the Depository Trust Company (DTC) model. The Dealer agrees to cooperate with the processing of subscriptions through such an electronic platform.

Appears in 4 contracts

Samples: Dealer Manager Agreement (Oxford Park Income Fund, Inc.), Dealer Manager Agreement (Oxford Park Income Fund, Inc.), Dealer Manager Agreement (Priority Income Fund, Inc.)

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Electronic Delivery of Information; Electronic Processing of Subscriptions. Pursuant to the Dealer Manager Agreement, the Company has agreed and assumed the duty to confirm on its behalf and on behalf of dealers or brokers who sell the Shares all orders for the purchase of Shares accepted by the Company. In addition, the Company, the Dealer Manager and/or third parties engaged by the Company or the Dealer Manager may, from time to time, provide to the Dealer Selling Group Member copies of stockholder investor letters, annual reports and other communications provided to the Company stockholdersinvestors. The Dealer Selling Group Member agrees that, to the extent practicable and permitted by law, all confirmations, statements, communications and other information provided to or from the Company, the Dealer Manager, the Dealer Selling Group Member and/or their agents or customers shall may be provided electronically, as a preference but not as a requirement. To Notwithstanding the extent that the Dealer desires physical copies of such materials to be provided, it may request physical copies to be provided from the Companyforegoing, the Dealer Manager and/or such third parties; providedSelling Group Member is only authorized to electronically deliver the Prospectus, however, that subscription agreements and Authorized Sales Materials if the Company, the Dealer Manager Selling Group Member has executed and such third parties shall determine the processes and service providers needed to produce such copies and the Dealer shall be required to pay the resulting costs and expenses of the production of such copies. Such costs and expenses may be deducted from selling commissions, reallowances or other payments delivered to the Dealer pursuant to this AgreementCompany the side letter attached as Schedule III hereto and abides by the terms thereof. With respect to Xxxxxx Shares held through custodial accounts, the Dealer Selling Group Member agrees and acknowledges that to the extent practicable and permitted by law, all confirmations, statements, communications and other information provided from the Company, the Dealer Manager and/or their agents to Company stockholders investors may be provided solely to the custodian that is the registered owner of the Shares, rather than to the beneficial owners of the Shares. In such case it shall be the responsibility of the custodian to distribute the information to the beneficial owners of Shares. The Dealer Selling Group Member agrees and acknowledges that the Dealer Manager may may, as a preference but not as a requirement, use an electronic platform to process subscriptions, including but not limited to the Depository Trust Company (DTC) model. The Dealer If an electronic platform is used, the Selling Group Member agrees to cooperate with the processing of subscriptions through such an electronic platformplatform if reasonably practical; provided, that the Selling Group Member is only authorized to utilize electronic signatures of subscription agreements if the Selling Group Member has executed and delivered to the Company the side letter attached as Schedule III hereto and abides by the terms thereof.

Appears in 3 contracts

Samples: Dealer Manager Agreement (Cottonwood Communities, Inc.), Dealer Manager Agreement (Cottonwood Communities, Inc.), Dealer Manager Agreement (Cottonwood Communities, Inc.)

Electronic Delivery of Information; Electronic Processing of Subscriptions. Pursuant to the Dealer Manager Agreement, the Company has agreed and assumed the duty to confirm on its behalf and on behalf of dealers or brokers who sell the Shares all orders for purchase of Shares accepted by the Company. In addition, the Company, the Dealer Manager and/or third parties engaged by the Company or the Dealer Manager may, from time to time, provide to the Dealer copies of stockholder letters, annual reports and other communications provided to Company stockholders. The Dealer agrees that, to the extent practicable and permitted by law, all confirmations, statements, communications and other information provided to or from the Company, the Dealer Manager, the Dealer and/or their agents or customers shall be provided electronically. To the extent that the Dealer desires physical copies of such materials to be provided, it may request physical copies to be provided from the Company, the Dealer Manager and/or such third parties; provided, however, that the Company, the Dealer Manager and such third parties shall determine the processes and service providers needed to produce such copies and the Dealer shall be required to pay the resulting costs and expenses of the production of such copies. Such costs and expenses may be deducted from selling commissions, reallowances or other payments to the Dealer pursuant to this Agreement. With respect to Xxxxxx Shares held through custodial accounts, the Dealer agrees and acknowledges that to the extent practicable and permitted by law, all confirmations, statements, communications and other information provided from the Company, the Dealer Manager and/or their agents to Company stockholders may be provided solely to the custodian that is the registered owner of the Shares, rather than to the beneficial owners of the Shares. In such case it shall be the responsibility of the custodian to distribute the information to the beneficial owners of Shares. The Dealer agrees and acknowledges that the Dealer Manager may use an electronic platform to process subscriptions, including but not limited to the Depository Trust Company (DTC) model. The Dealer agrees to cooperate with the processing of subscriptions through such an electronic platform.

Appears in 2 contracts

Samples: Dealer Manager Agreement (Behringer Harvard Opportunity REIT II, Inc.), Dealer Manager Agreement (Behringer Harvard Opportunity REIT II, Inc.)

Electronic Delivery of Information; Electronic Processing of Subscriptions. Pursuant to the Dealer Manager Agreement, the Company has agreed and assumed the duty to confirm on its behalf and on behalf of dealers or brokers who sell the Shares all orders for the purchase of Shares accepted by the Company. In addition, the Company, the Dealer Manager and/or third parties engaged by the Company or the Dealer Manager may, from time to time, provide to the Dealer Selling Group Member copies of stockholder investor letters, annual reports and other communications provided to the Company stockholdersinvestors. The Dealer Selling Group Member agrees that, to the extent practicable and permitted by law, all confirmations, statements, communications and other information provided to or from the Company, the Dealer Manager, the Dealer Selling Group Member and/or their agents or customers shall may be provided electronically, as a preference but not as a requirement. To Notwithstanding the extent that the Dealer desires physical copies of such materials to be provided, it may request physical copies to be provided from the Companyforegoing, the Dealer Manager and/or such third parties; provided, however, that Selling Group Member is only authorized to electronically deliver the Company, Prospectus and Authorized Sales Materials if the Dealer Manager Selling Group Member has executed and such third parties shall determine the processes and service providers needed to produce such copies and the Dealer shall be required to pay the resulting costs and expenses of the production of such copies. Such costs and expenses may be deducted from selling commissions, reallowances or other payments delivered to the Dealer pursuant to this AgreementCompany the side letter attached as Schedule 2 hereto and abides by the terms thereof. With respect to Xxxxxx Shares held through custodial accounts, the Dealer Selling Group Member agrees and acknowledges that to the extent practicable and permitted by law, all confirmations, statements, communications and other information provided from the Company, the Dealer Manager and/or their agents to Company stockholders investors may be provided solely to the custodian that is the registered owner of the Shares, rather than to the beneficial owners of the Shares. In such case it shall be the responsibility of the custodian to distribute the information to the beneficial owners of Shares. The Dealer Selling Group Member agrees and acknowledges that the Dealer Manager may may, as a preference but not as a requirement, use an electronic platform to process subscriptions, including but not limited to the Depository Trust Company (DTC) model. The Dealer If an electronic platform is used, the Selling Group Member agrees to cooperate with the processing of subscriptions through such an electronic platformplatform if reasonably practical; provided, that the Selling Group Member is only authorized to utilize electronic signatures of subscription agreements if the Selling Group Member has executed and delivered to the Company the side letter attached as Schedule 2 hereto and abides by the terms thereof.

Appears in 2 contracts

Samples: Dealer Manager Agreement (Cottonwood Communities, Inc.), Dealer Manager Agreement (Cottonwood Communities, Inc.)

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Electronic Delivery of Information; Electronic Processing of Subscriptions. Pursuant to the Dealer Manager Agreement, the Company has agreed and assumed the duty to confirm on its behalf and on behalf of dealers or brokers who sell the Shares Common Stock all orders for purchase of Shares Common Stock accepted by the Company. In addition, the Company, the Dealer Manager and/or third parties engaged by the Company or the Dealer Manager may, from time to time, provide to the Dealer copies of stockholder letters, annual reports and other communications provided to Company stockholders. The Dealer agrees that, to the extent practicable and permitted by law, all confirmations, statements, communications and other information provided to or from the Company, the Dealer Manager, the Dealer and/or their agents or customers shall be provided electronically. To the extent that the Dealer desires physical copies of such materials to be provided, it may request physical copies to be provided from the Company, the Dealer Manager and/or such third parties; provided, however, that the Company, the Dealer Manager and such third parties shall determine the processes and service providers needed to produce such copies and the Dealer shall be required to pay the resulting costs and expenses of the production of such copies. Such costs and expenses may be deducted from selling commissions, reallowances or other payments to the Dealer pursuant to this Agreement. With respect to Xxxxxx Common Stock held through custodial accounts, the Dealer agrees and acknowledges that to the extent practicable and permitted by law, all confirmations, statements, communications and other information provided from the Company, the Dealer Manager and/or their agents to Company stockholders may be provided solely to the custodian that is the registered owner of the SharesCommon Stock, rather than to the beneficial owners of the SharesCommon Stock. In such case it shall be the responsibility of the custodian to distribute the information to the beneficial owners of SharesCommon Stock. The Dealer agrees and acknowledges that the Dealer Manager may use an electronic platform to process subscriptions, including but not limited to the Depository Trust Company (DTC) model. The Dealer agrees to cooperate with the processing of subscriptions through such an electronic platform.

Appears in 1 contract

Samples: Dealer Manager Agreement (Prospect Floating Rate & Alternative Income Fund, Inc.)

Electronic Delivery of Information; Electronic Processing of Subscriptions. Pursuant to the Dealer Manager Agreement, the Company has agreed and assumed the duty to confirm on its behalf and on behalf of dealers or brokers who sell the Shares all orders for the purchase of Shares accepted by the Company. In addition, the Company, the Dealer Manager and/or third parties engaged by the Company or the Dealer Manager may, from time to time, provide to the Dealer Selling Group Member copies of stockholder investor letters, annual reports and other communications provided to the Company stockholdersinvestors. The Dealer Selling Group Member agrees that, to the extent practicable and permitted by law, all confirmations, statements, communications and other information provided to or from the Company, the Dealer Manager, the Dealer Selling Group Member and/or their agents or customers shall may be provided electronically, as a preference but not as a requirement. To Notwithstanding the extent that the Dealer desires physical copies of such materials to be provided, it may request physical copies to be provided from the Companyforegoing, the Dealer Manager and/or such third parties; provided, however, that Selling Group Member is only authorized to electronically deliver the Company, Prospectus and Authorized Sales Materials if the Dealer Manager Selling Group Member has executed and such third parties shall determine the processes and service providers needed to produce such copies and the Dealer shall be required to pay the resulting costs and expenses of the production of such copies. Such costs and expenses may be deducted from selling commissions, reallowances or other payments delivered to the Dealer pursuant to this AgreementCompany the side letter attached as Schedule 2 hereto and abides by the terms thereof. With respect to Xxxxxx Shares held through custodial accounts, the Dealer Selling Group Member agrees and acknowledges that to the extent practicable and permitted by law, all confirmations, statements, communications and other information provided from the Company, the Dealer Manager and/or their agents to Company stockholders investors may be provided solely to the custodian that is the registered owner of the Shares, rather than to the beneficial owners of the Shares. In such case it shall be the responsibility of the custodian to distribute the information to the beneficial owners of Shares. The Dealer Selling Group Member agrees and acknowledges that the Dealer Manager may may, as a preference but not as a requirement, use an electronic platform to process subscriptions, including but not limited to the Depository Trust Company (DTC) model. The Dealer If an electronic platform is used, the Selling Group Member agrees to cooperate with the processing of subscriptions through such an electronic platform.platform if reasonably practical; provided, that the Selling Group Member is only authorized to utilize electronic signatures of subscription agreements if the Selling Group Member has executed and delivered to the Company the side letter attached as Schedule 2 hereto and abides by the terms thereof. A-12

Appears in 1 contract

Samples: Dealer Manager Agreement (Cottonwood Communities, Inc.)

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