ELECTRONIC SIGNATURE USE INDEMNITY AGREEMENT. Selected Dealer has adopted a process by which clients may authorize certain account-related transactions or requests, in whole or in part, evidenced by Electronic Signature (as such term is defined in Section XVII hereof). In consideration of the Fund allowing Selected Dealer and its clients to certain account-related transactions and/or requests, in whole or in part, by Electronic Signature, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Selected Dealer does hereby, for itself and its successors and permitted assigns, covenant and agree to indemnify and hold harmless the Fund, the Dealer Manager, each of their affiliates and each of their and their affiliates’ officers, directors, trustees, managers, agents and employees, in whatever capacity they may act, from and against any and all claims (whether groundless or otherwise), losses, liabilities, damages and expenses, including, but not limited to, costs, disbursements and reasonable counsel fees (whether incurred in connection with such claims, losses, liabilities, damages and expenses or in connection with the enforcement of any rights hereunder), arising out of or in connection with the Selected Dealer’s representations or covenants set forth in Section XVII hereof or the representations described below. Selected Dealer represents that it will comply with the terms outlined in the Electronic Signature Use Rules of Engagement attached as Exhibit B to the Selected Dealer Agreement. Selected Dealer represents that the Fund may accept any Electronic Signature without any responsibility to verify or authenticate that it is the signature of Selected Dealer’s client given with such client’s prior authorization and consent. Selected Dealer represents that the Fund may act in accordance with the instructions authorized by Electronic Signature without any responsibility to verify that Selected Dealer’s client intended to give the Electronic Signature for the purpose of authorizing the instruction, transaction or request and that Selected Dealer’s client received all disclosures required by applicable Electronic Signature Law. Selected Dealer agrees to provide a copy of each Electronic Signature and further evidence supporting any Electronic Signature upon request by the Fund.
Appears in 5 contracts
Samples: Selected Dealer Agreement (FS Global Credit Opportunities Fund - ADV), Selected Dealer Agreement (FS Global Credit Opportunities Fund - ADV), Selected Dealer Agreement (FS Global Credit Opportunities Fund - T)
ELECTRONIC SIGNATURE USE INDEMNITY AGREEMENT. Selected The Participating Broker-Dealer has adopted a process by which clients may authorize certain account-related transactions or requests, in whole or in part, evidenced by Electronic Signature (as such term is defined in Section XVII hereof). In consideration of the Fund Corporation allowing Selected Participating Broker-Dealer and its clients to certain account-related transactions and/or requests, in whole or in part, by Electronic Signature, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Selected Participating Broker-Dealer does hereby, for itself and its successors and permitted assigns, covenant and agree to indemnify and hold harmless the FundCorporation, the Dealer Manager, each of their affiliates and each of their and their affiliates’ officers, directors, trustees, managers, agents and employees, in whatever capacity they may act, from and against any and all claims (whether groundless or otherwise), losses, liabilities, damages and expenses, including, but not limited to, costs, disbursements and reasonable counsel fees (whether incurred in connection with such claims, losses, liabilities, damages and expenses or in connection with the enforcement of any rights hereunder), arising out of or in connection with the Selected Participating Broker-Dealer’s representations or covenants set forth in Section XVII hereof or the representations described below. Selected The Participating Broker-Dealer represents that it will comply with the terms outlined in the Electronic Signature Use Rules of Engagement attached hereto as Exhibit B to the Selected Dealer Agreement. Selected B. Participating Broker-Dealer represents that the Fund Corporation may accept any Electronic Signature without any responsibility to verify or authenticate that it is the signature of Selected Participating Broker-Dealer’s client given with such client’s prior authorization and consent. Selected Participating Broker-Dealer represents that the Fund Corporation may act in accordance with the instructions authorized by Electronic Signature without any responsibility to verify that Selected Participating Broker-Dealer’s client intended to give the Electronic Signature for the purpose of authorizing the instruction, transaction or request and that Selected Participating Broker-Dealer’s client received all disclosures required by applicable Electronic Signature Law. Selected Participating Broker-Dealer agrees to provide a copy of each Electronic Signature and further evidence supporting any Electronic Signature upon request by the FundCorporation.
Appears in 3 contracts
Samples: Dealer Agreement (Owl Rock Capital Corp II), Dealer Agreement (Owl Rock Capital Corp II), Dealer Agreement (Owl Rock Capital Corp II)
ELECTRONIC SIGNATURE USE INDEMNITY AGREEMENT. Selected The Participating Broker-Dealer has adopted a process by which clients may authorize certain account-related transactions or requests, in whole or in part, evidenced by Electronic Signature (as such term is defined in Section XVII hereof). In consideration of the Fund allowing Selected Participating Broker-Dealer and its clients to certain account-related transactions and/or requests, in whole or in part, by Electronic Signature, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Selected Participating Broker-Dealer does hereby, for itself and its successors and permitted assigns, covenant and agree to indemnify and hold harmless the Fund, the Dealer Manager, each of their affiliates and each of their and their affiliates’ officers, directors, trustees, managers, agents and employees, in whatever capacity they may act, from and against any and all claims (whether groundless or otherwise), losses, liabilities, damages and expenses, including, but not limited to, costs, disbursements and reasonable counsel fees (whether incurred in connection with such claims, losses, liabilities, damages and expenses or in connection with the enforcement of any rights hereunder), arising out of or in connection with the Selected Participating Broker-Dealer’s representations or covenants set forth in Section XVII hereof or the representations described below. Selected The Participating Broker-Dealer represents that it will comply with the terms outlined in the Electronic Signature Use Rules of Engagement attached hereto as Exhibit B to the Selected Dealer Agreement. Selected A. Participating Broker-Dealer represents that the Fund may accept any Electronic Signature without any responsibility to verify or authenticate that it is the signature of Selected Participating Broker-Dealer’s client given with such client’s prior authorization and consent. Selected Participating Broker-Dealer represents that the Fund may act in accordance with the instructions authorized by Electronic Signature without any responsibility to verify that Selected Participating Broker-Dealer’s client intended to give the Electronic Signature for the purpose of authorizing the instruction, transaction or request and that Selected Participating Broker-Dealer’s client received all disclosures required by applicable Electronic Signature Law. Selected Participating Broker-Dealer agrees to provide a copy of each Electronic Signature and further evidence supporting any Electronic Signature upon request by the Fund.
Appears in 3 contracts
Samples: Advisor Agreement (Eagle Point Enhanced Income Trust), Dealer Agreement (Eagle Point Institutional Income Fund), Dealer Manager Agreement (Eagle Point Institutional Income Fund)
ELECTRONIC SIGNATURE USE INDEMNITY AGREEMENT. Selected The Dealer has adopted a process by which clients may authorize certain account-related transactions or requests, in whole or in part, evidenced by Electronic Signature (as such term is defined in Section XVII 23 hereof). In consideration of the Fund Company allowing Selected the Dealer and its clients to execute certain account-related transactions and/or and requests, in whole or in part, by Electronic Signature, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Selected the Dealer does hereby, for itself and its successors and permitted assigns, covenant and agree to indemnify and hold harmless the FundCompany, the Dealer Manager, each of their affiliates and each of their and their affiliates’ officers, directors, trustees, managers, agents and employees, in whatever capacity they may act, from and against any and all claims (whether groundless or otherwise), losses, liabilities, damages and expenses, including, but not limited to, costs, disbursements and reasonable counsel fees (whether incurred in connection with such claims, losses, liabilities, damages and expenses or in connection with the enforcement of any rights hereunder), arising out of or in connection with the Selected Dealer’s representations or covenants set forth in Section XVII 23 hereof or the representations described below. Selected The Dealer represents that it will comply with the all applicable terms of Electronic Signature Law as outlined in Section 23 of the Electronic Signature Use Rules of Engagement attached as Exhibit B to the Selected Participating Dealer Agreement. Selected The Dealer represents that the Fund Company may accept any Electronic Signature without any responsibility to verify or authenticate that it is the signature of Selected the Dealer’s client given with such client’s prior authorization and consent. Selected The Dealer represents that the Fund Company may act in accordance with the instructions authorized by Electronic Signature without any responsibility to verify that Selected the Dealer’s client intended to give the Electronic Signature for the purpose of authorizing the instruction, transaction or request and that Selected the Dealer’s client received all disclosures required by applicable Electronic Signature Law. Selected The Dealer agrees to provide a copy of each Electronic Signature and further evidence supporting any Electronic Signature upon request by the FundCompany.
Appears in 2 contracts
Samples: Participating Dealer Agreement (Belpointe PREP, LLC), Participating Dealer Agreement (Belpointe PREP, LLC)
ELECTRONIC SIGNATURE USE INDEMNITY AGREEMENT. Selected Dealer The Selling Agent has adopted a process by which clients may authorize certain account-related transactions or requests, in whole or in part, evidenced by Electronic Signature (as such term is defined in Section XVII hereof). In consideration of the Fund allowing Selected Dealer Selling Agent and its clients to certain account-related transactions and/or requests, in whole or in part, by Electronic Signature, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Selected Dealer Selling Agent does hereby, for itself and its successors and permitted assigns, covenant and agree to indemnify and hold harmless the Fund, the Dealer Manager, each of their affiliates and each of their and their affiliates’ officers, directors, trustees, managers, agents and employees, in whatever capacity they may act, from and against any and all claims (whether groundless or otherwise), losses, liabilities, damages and expenses, including, but not limited to, costs, disbursements and reasonable counsel fees (whether incurred in connection with such claims, losses, liabilities, damages and expenses or in connection with the enforcement of any rights hereunder), arising out of or in connection with the Selected DealerSelling Agent’s representations or covenants set forth in Section XVII hereof or the representations described below. Selected Dealer The Selling Agent represents that it will comply with the terms outlined in the Electronic Signature Use Rules of Engagement attached hereto as Exhibit B to the Selected Dealer Agreement. Selected Dealer A. Selling Agent represents that the Fund may accept any Electronic Signature without any responsibility to verify or authenticate that it is the signature of Selected DealerSelling Agent’s client given with such client’s prior authorization and consent. Selected Dealer Selling Agent represents that the Fund may act in accordance with the instructions authorized by Electronic Signature without any responsibility to verify that Selected DealerSelling Agent’s client intended to give the Electronic Signature for the purpose of authorizing the instruction, transaction or request and that Selected DealerSelling Agent’s client received all disclosures required by applicable Electronic Signature Law. Selected Dealer Selling Agent agrees to provide a copy of each Electronic Signature and further evidence supporting any Electronic Signature upon request by the Fund.
Appears in 1 contract
ELECTRONIC SIGNATURE USE INDEMNITY AGREEMENT. Selected Dealer has adopted a process by which clients may authorize certain account-related transactions or requests, in whole or in part, evidenced by Electronic Signature (as such term is defined in Section XVII XIII hereof). In consideration of the Fund Company allowing Selected Dealer and its clients to execute certain account-related transactions and/or requests, in whole or in part, by Electronic Signature, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Selected Dealer does hereby, for itself and its successors and permitted assigns, covenant and agree to indemnify and hold harmless the FundCompany, the Dealer Manager, each of their affiliates and each of their and their affiliates’ officers, directors, trustees, managers, agents and employees, in whatever capacity they may act, from and against any and all claims (whether groundless or otherwise), losses, liabilities, damages and expenses, including, but not limited to, costs, disbursements and reasonable counsel fees (whether incurred in connection with such claims, losses, liabilities, damages and expenses or in connection with the enforcement of any rights hereunder), arising out of or in connection with the Selected Dealer’s representations or covenants set forth in Section XVII XIII hereof or the representations described below. Selected The Dealer represents that it will comply with the all applicable terms of Electronic Signature Law as outlined in the Electronic Signature Use Rules Section XIII of Engagement attached as Exhibit B to the Selected Dealer Agreement. Selected Dealer represents that the Fund Company may accept any Electronic Signature without any responsibility to verify or authenticate that it is the signature of Selected Dealer’s client given with such client’s prior authorization and consent. Selected Dealer represents that the Fund Company may act in accordance with the instructions authorized by Electronic Signature without any responsibility to verify that Selected Dealer’s client intended to give the Electronic Signature for the purpose of authorizing the instruction, transaction or request and that Selected Dealer’s client received all disclosures required by applicable Electronic Signature Law. Selected Dealer agrees to provide a copy of each Electronic Signature and further evidence supporting any Electronic Signature upon request by the FundCompany.
Appears in 1 contract
ELECTRONIC SIGNATURE USE INDEMNITY AGREEMENT. Selected The Participating Broker-Dealer has adopted a process by which clients may authorize certain account-related transactions or requests, in whole or in part, evidenced by Electronic Signature (as such term is defined in Section XVII hereof). In consideration of the Fund Trust allowing Selected the Participating Broker-Dealer and its clients to complete certain account-related transactions and/or requests, in whole or in part, by Electronic Signature, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Selected the Participating Broker-Dealer does hereby, for itself and its successors and permitted assigns, covenant and agree to indemnify and hold harmless the FundTrust, the Dealer Manager, each of their affiliates and each of their and their affiliates’ officers, directors, trustees, managers, agents and employees, in whatever capacity they may act, from and against any and all claims (whether groundless or otherwise), losses, liabilities, damages and expenses, including, but not limited to, costs, disbursements and reasonable counsel fees (whether incurred in connection with such claims, losses, liabilities, damages damages, and expenses or in connection with the enforcement of any rights hereunder), arising out of or in connection with the Selected Participating Broker-Dealer’s representations or covenants set forth in Section XVII hereof or the representations described below. Selected The Participating Broker-Dealer represents that it will comply with the terms outlined in the Electronic Signature Use Rules of Engagement attached hereto as Exhibit B to the Selected Dealer Agreement. Selected B. The Participating Broker-Dealer represents that the Fund Trust may accept any Electronic Signature without any responsibility to verify or authenticate that it is the signature of Selected the Participating Broker-Dealer’s client given with such client’s prior authorization and consent. Selected The Participating Broker-Dealer represents that the Fund Trust may act in accordance with the instructions authorized by Electronic Signature without any responsibility to verify that Selected the Participating Broker-Dealer’s client intended to give the Electronic Signature for the purpose of authorizing the instruction, transaction or request and that Selected the Participating Broker-Dealer’s client received all disclosures required by applicable Electronic Signature Law. Selected The Participating Broker-Dealer agrees to provide a copy of each Electronic Signature and further evidence supporting any Electronic Signature upon request by the FundTrust. LEGAL02/43103834v6 EXHIBIT D PARTICIPATING BROKER-DEALER’S RULE 506 DISQUALIFYING EVENT DISCLOSURE [__]1 1 Note to Participating Broker-Dealer: Please provide completed disclosure.
Appears in 1 contract
Samples: Dealer Agreement (Blue Owl Real Estate Net Lease Trust)
ELECTRONIC SIGNATURE USE INDEMNITY AGREEMENT. Selected The Participating Broker-Dealer has adopted a process by which clients may authorize certain account-related transactions or requests, in whole or in part, evidenced by Electronic Signature (as such term is defined in Section XVII hereof). In consideration of the Fund Corporation allowing Selected Participating Broker-Dealer and its clients to certain account-related transactions and/or requests, in whole or in part, by Electronic Signature, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Selected Participating Broker-Dealer does hereby, for itself and its successors and permitted assigns, covenant and agree to indemnify and hold harmless the FundCorporation, the Dealer Manager, each of their affiliates and each of their and their affiliates’ officers, directors, trustees, managers, agents and employees, in whatever capacity they may act, from and against any and all claims (whether groundless or otherwise), losses, liabilities, damages and expenses, including, but not limited to, costs, disbursements and reasonable counsel fees (whether incurred in connection with such claims, losses, liabilities, damages and expenses or in connection with the enforcement of any rights hereunder), arising out of or in connection with the Selected Participating Broker-Dealer’s representations or covenants set forth in Section XVII hereof or the representations described below. Selected The Participating Broker-Dealer represents that it will comply with the terms outlined in the Electronic Signature Use Rules of Engagement attached hereto as Exhibit B to the Selected Dealer Agreement. Selected B. Participating Broker-Dealer represents that the Fund Corporation may accept any Electronic Signature without any responsibility to verify or authenticate that it is the signature of Selected Participating Broker-Dealer’s client given with such client’s prior authorization and consent. Selected Participating Broker-Dealer represents that the Fund Corporation may act in accordance with the instructions authorized by Electronic Signature without any responsibility to verify that Selected Participating Broker-Dealer’s client intended to give the Electronic Signature for the purpose of authorizing the instruction, transaction or request and that Selected Participating Broker-Dealer’s client received all disclosures required by applicable Electronic Signature Law. Selected Participating Broker-Dealer agrees to provide a copy of each Electronic Signature and further evidence supporting any Electronic Signature upon request by the Fund.Corporation. EXHIBIT B QUALIFIED JURISDICTIONS AS OF [•], 2020
Appears in 1 contract
Samples: Dealer Manager Agreement (Owl Rock Core Income Corp.)
ELECTRONIC SIGNATURE USE INDEMNITY AGREEMENT. Selected Dealer has adopted a process by which clients may authorize certain account-related transactions or requests, in whole or in part, evidenced by Electronic Signature (as such term is defined in Section XVII XIII hereof). In consideration of the Fund Company allowing Selected Dealer and its clients to execute certain account-related transactions and/or requests, in whole or in part, by Electronic Signature, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Selected Dealer does hereby, for itself and its successors and permitted assigns, covenant and agree to indemnify and hold harmless the FundCompany, the Dealer Manager, each of their affiliates and each of their and their affiliates’ officers, directors, trustees, managers, agents and employees, in whatever capacity they may act, from and against any and all claims (whether groundless or otherwise), losses, liabilities, damages and expenses, including, but not limited to, costs, disbursements and reasonable counsel fees (whether incurred in connection with such claims, losses, liabilities, damages and expenses or in connection with the enforcement of any rights hereunder), arising out of or in connection with the Selected Dealer’s representations or covenants set forth in Section XVII XIII hereof or the representations described below. Selected The Dealer represents that it will comply with the all applicable terms of Electronic Signature Law as outlined in the Electronic Signature Use Rules Section XIII of Engagement attached as Exhibit B to the Selected Dealer Agreement. Selected Dealer represents that the Fund Company may accept any Electronic Signature without any responsibility to verify or authenticate that it is the signature of Selected Dealer’s client given with such client’s prior authorization and consent. Selected Dealer represents that the Fund Company may act in accordance with the instructions authorized by Electronic Signature without any responsibility to verify that Selected Dealer’s client intended to give the Electronic Signature for the purpose of authorizing the instruction, transaction or request and that Selected Dealer’s client received all disclosures required by applicable Electronic Signature Law. Selected Dealer agrees to provide a copy of each Electronic Signature and further evidence supporting any Electronic Signature upon request by the FundCompany. CIM INCOME NAV, INC. We have read the foregoing Agreement and we hereby accept and agree to the terms and conditions therein set forth. We hereby represent that the list below of jurisdictions in which we are registered or licensed as a broker or dealer and are fully authorized to sell securities is true and correct, and we agree to advise you of any change in such list during the term of this Agreement.
Appears in 1 contract
Samples: Selected Dealer Agreement (Cole Real Estate Income Strategy (Daily Nav), Inc.)