Common use of Electronic Signatures and Electronic Delivery of Documents Clause in Contracts

Electronic Signatures and Electronic Delivery of Documents. If Dealer has adopted or adopts a process by which persons may authorize certain account-related transactions and/or requests, in whole or in part, by “Electronic Signature” (as such term is defined by the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., the Uniform Electronic Transactions Act, as promulgated by the Uniform Conference of Commissioners on Uniform State Law in July 1999 and as adopted by the relevant jurisdiction(s) where Dealer is licensed, and applicable rules, regulations and/or guidance relating to the use of electronic signatures issued by the SEC, FINRA and NASAA including, as applicable, the NASAA Statement of Policy Regarding Use of Electronic Offering Documents And Electronic Signatures, adopted May 8, 2017, as amended (collectively, “Electronic Signature Law”)), to the extent the Company allows the use of Electronic Signature, in whole or in part, Dealer represents that: (i) each Electronic Signature will be genuine; (ii) each Electronic Signature will represent the signature of the person required to sign the Subscription Agreement or other form to which such Electronic Signature is affixed; (iii) Dealer will comply with all applicable terms of the Electronic Signature Law; and (iv) Dealer agrees to the Electronic Signature Use Indemnity Agreement attached hereto as Exhibit B. If Dealer intends to use electronic delivery to distribute the Prospectus or other documents related to the Company to any person, Dealer will comply with all applicable rules, regulations and/or guidance relating to the electronic delivery of documents issued by the SEC, FINRA, NASAA and individual state securities administrators and any other applicable laws or regulations related to the electronic delivery of offering documents including, as appropriate, Electronic Signature Law. In particular, and without limitation, Dealer shall comply with the requirement under certain Statements of Policy adopted by NASAA that a sale of Shares shall not be completed until at least five business days after the Prospectus has been delivered to the investor. Dealer shall obtain and document its receipt of the informed consent to receive documents electronically of persons, which documentation shall be maintained by Dealer and made available to the Company and/or the Dealer Manager upon request.

Appears in 8 contracts

Samples: Dealer Manager Agreement (Brookfield Real Estate Income Trust Inc.), Dealer Manager Agreement (Oaktree Real Estate Income Trust, Inc.), Adviser Transition Agreement (Oaktree Real Estate Income Trust, Inc.)

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Electronic Signatures and Electronic Delivery of Documents. If Participating Broker-Dealer has adopted or adopts a process by which persons may authorize certain account-related transactions and/or requests, in whole or in part, by “Electronic Signature” (as such term is defined by the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., the Uniform Electronic Transactions Act, as promulgated by the Uniform Conference of Commissioners on Uniform State Law in July 1999 and as adopted by the relevant jurisdiction(s) where Participating Broker-Dealer is licensed, and applicable rules, regulations and/or guidance relating to the use of electronic signatures issued by the SEC, SEC and FINRA and NASAA including, as applicable, the NASAA Statement of Policy Regarding Use of Electronic Offering Documents And Electronic Signatures, adopted May 8, 2017, as amended (collectively, “Electronic Signature Law”)), to the extent the Company Corporation allows the use of Electronic Signature, in whole or in part, Participating Broker-Dealer represents that: (i) each Electronic Signature will be genuine; (ii) each Electronic Signature will represent the signature of the person required to sign the Subscription Agreement or other form to which such Electronic Signature is affixed; and (iii) Participating Broker-Dealer will comply with all applicable the terms of outlined in the Electronic Signature Law; and (iv) Use Rules of Engagement attached as Exhibit B hereto. Participating Broker-Dealer agrees to the Electronic Signature Use Indemnity Agreement attached hereto as Exhibit B. C hereto. If Participating Broker-Dealer intends to use electronic delivery to distribute the Prospectus or other documents related to the Company Corporation to any person, Participating Broker-Dealer will comply with all applicable rules, regulations and/or guidance relating to the electronic delivery of documents issued by the SEC, FINRA, NASAA FINRA and individual state securities administrators and any other applicable laws or regulations related to the electronic delivery of offering documents including, as appropriate, Electronic Signature Lawprospectuses. In particular, and without limitation, Participating Broker-Dealer shall comply with the requirement under certain prospectus delivery and completion of sale timing requirements for Offered Shares as set forth in applicable Statements of Policy adopted by NASAA that a sale of Shares shall not be completed until at least five business days after the Prospectus has been delivered to the investor. Dealer shall obtain and document its receipt of the informed consent to receive documents electronically of persons, which documentation shall be maintained by Dealer and made available to the Company and/or the Dealer Manager upon requestNorth American Securities Administrators Association.

Appears in 7 contracts

Samples: Dealer Manager Agreement (Owl Rock Technology Income Corp.), Dealer Manager Agreement (Owl Rock Technology Income Corp.), Dealer Manager Agreement (Owl Rock Core Income Corp.)

Electronic Signatures and Electronic Delivery of Documents. If the Dealer has adopted or adopts a process by which persons may authorize certain account-related transactions and/or requests, in whole or in part, by “Electronic Signature” (as such term is defined by the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., the Uniform Electronic Transactions Act, as promulgated by the Uniform Conference of Commissioners on Uniform State Law in July 1999 and as adopted by the relevant jurisdiction(s) where the Dealer is licensed, and applicable rules, regulations and/or guidance relating to the use of electronic signatures issued by the SECCommission, FINRA and NASAA includingthe North American Securities Administrators Association (“NASAA”), as applicable, including the NASAA Statement of Policy Regarding Use of Electronic Offering Documents And and Electronic Signatures, adopted on May 8, 2017, as amended from time to time (the “NASAA E-Signature and E-Delivery Guidelines” and collectively, “Electronic Signature Law”)), to the extent the Company allows the use of Electronic Signature, in whole or in part, the Dealer represents that: (i) each Electronic Signature will be genuine; (ii) each Electronic Signature will represent the signature of the person required to sign the Subscription Agreement or other form document to which such Electronic Signature is affixed; and (iii) the Dealer will shall comply with all applicable the terms of the Electronic Signature Law; and (iv) Dealer agrees to outlined in the Electronic Signature Use Indemnity Agreement Rules of Engagement attached hereto as Exhibit B. A hereto. If the Dealer intends to use electronic delivery to distribute the Prospectus or other documents related to the Company Offering to any person, the Dealer will agrees that it shall comply with all applicable rules, regulations and/or guidance relating to the electronic delivery of documents issued by the SECCommission, FINRA, NASAA FINRA and individual state securities administrators and any other applicable laws or regulations related to the electronic delivery of offering documents includingprospectuses, as appropriate, Electronic including without limitation the NASAA E-Signature Lawand E-Delivery Guidelines. In particular, and without limitation, The Dealer shall comply with the requirement under certain Statements of Policy adopted by NASAA agrees that a sale of Shares shall not be completed until at least five business days after the Prospectus has been delivered to the investor. Dealer it shall obtain and document its receipt of the informed consent of individuals seeking to receive documents electronically of personsinvest in the Offering prior to delivering the Prospectus in electronic format to such individuals, which documentation shall be maintained by the Dealer and made available to the Company and/or the Dealer Manager upon request.

Appears in 6 contracts

Samples: Selected Dealer Agreement (ARES INDUSTRIAL REAL ESTATE INCOME TRUST Inc.), Selected Dealer Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.), Selected Dealer Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.)

Electronic Signatures and Electronic Delivery of Documents. If Dealer has adopted or adopts a process by which persons may authorize certain account-related transactions and/or requests, in whole or in part, by “Electronic Signature” (as such term is defined by the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., the Uniform Electronic Transactions Act, as promulgated by the Uniform Conference of Commissioners on Uniform State Law in July 1999 and as adopted by the relevant jurisdiction(s) where Dealer is licensed, and applicable rules, regulations and/or guidance relating to the use of electronic signatures issued by the SEC, FINRA and NASAA including, as applicable, the NASAA Statement of Policy Regarding Use of Electronic Offering Documents And Electronic Signatures, adopted May 8, 2017, as amended (collectively, “Electronic Signature Law”)), to the extent the Company allows the use of Electronic Signature, in whole or in part, Dealer represents that: (i) each Electronic Signature will be genuine; (ii) each Electronic Signature will represent the signature of the person required to sign the Subscription Agreement or other form to which such Electronic Signature is affixed; (iii) Dealer will comply with all applicable the terms of the Electronic Signature Law; and (iv) Dealer agrees to the Electronic Signature Use Indemnity Agreement attached hereto as Exhibit B. “B.” If Dealer intends to use electronic delivery to distribute the Prospectus or other documents related to the Company to any person, Dealer will comply with all applicable rules, regulations and/or guidance relating to the electronic delivery of documents issued by the SEC, FINRA, NASAA and individual state securities administrators and any other applicable laws or regulations related to the electronic delivery of offering documents including, as appropriate, Electronic Signature Law. In particular, and without limitation, Dealer shall comply with the requirement under certain Statements of Policy adopted by NASAA that a sale of Shares shall not be completed until at least five business days after the Prospectus has been delivered to the investor. Dealer shall obtain and document its receipt of the informed consent to receive documents electronically of persons, which documentation shall be maintained by Dealer and made available to the Company and/or the Dealer Manager upon request. THE DEALER MANAGER: NUVEEN SECURITIES, LLC. Date: 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. 1. IDENTITY OF DEALER: Company Name: Type of entity: (Corporation, Partnership or Proprietorship) Organized in the State of: Licensed as broker-dealer in all States: Yes No If no, list all States licensed as broker-dealer: Tax ID #: 2. Person to receive notices delivered pursuant to the Participating Dealer Agreement. Name: Company: Address: City, State and Zip: Telephone: Fax: Email: AGREED TO AND ACCEPTED BY DEALER: (Dealer’s Firm Name) By: Signature Name: Title: Date: Name of Dealer: The following reflects the selling commissions, dealer manager fees and Servicing Fees as agreed upon between Nuveen Securities, LLC (the “Dealer Manager”) and Dealer, effective as of the effective date of the Participating Dealer Agreement (the “Agreement”) between the Dealer Manager and Dealer in connection with the offering of Shares of Nuveen Global Cities REIT, Inc. (the “Company”).

Appears in 5 contracts

Samples: Dealer Manager Agreement (Nuveen Global Cities REIT, Inc.), Dealer Manager Agreement (Nuveen Global Cities REIT, Inc.), Dealer Manager Agreement (Nuveen Global Cities REIT, Inc.)

Electronic Signatures and Electronic Delivery of Documents. If Selected Dealer has adopted or adopts a process by which persons may authorize certain account-related transactions and/or requests, in whole or in part, by “Electronic Signature” (as such term is defined by the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., the Uniform Electronic Transactions Act, as promulgated by the Uniform Conference of Commissioners on Uniform State Law in July 1999 and as adopted by the relevant jurisdiction(s) where Selected Dealer is licensed, and applicable rules, regulations and/or guidance relating to the use of electronic signatures issued by the SEC, FINRA and NASAA including, as applicable, the NASAA Statement of Policy Regarding Use of Electronic Offering Documents And Electronic Signatures, adopted May 8, 2017, as amended (collectively, “Electronic Signature Law”)), to the extent the Company allows the use of Electronic Signature, in whole or in part, Selected Dealer represents that: (i) each Electronic Signature will be genuine; (ii) each Electronic Signature will represent the signature of the person required to sign the Subscription Agreement or other form to which such Electronic Signature is affixed; (iii) Selected Dealer will comply with all applicable the terms of the Electronic Signature Law; and (iv) Selected Dealer agrees to the Electronic Signature Use Indemnity Agreement attached hereto as Exhibit B. B hereto. If Selected Dealer intends to use electronic delivery to distribute the Prospectus or other documents related to the Company Fund to any personPerson, Selected Dealer will comply with all applicable rules, regulations and/or guidance relating to the electronic delivery of documents issued by the SEC, FINRA, NASAA and individual state securities administrators and any other applicable laws or regulations related to the electronic delivery of offering documents including, as appropriate, Electronic Signature Law. In particular, and without limitation, Selected Dealer shall comply with the requirement under certain Statements of Policy adopted by NASAA that a sale of Offered Shares shall not be completed until at least five business days after the Prospectus has been delivered to the investor. Selected Dealer shall obtain and document its receipt of the informed consent to receive documents electronically of persons, which documentation shall be maintained by Selected Dealer and made available to the Company and/or the Dealer Manager upon request.

Appears in 4 contracts

Samples: Selected Dealer Agreement (FS Credit Real Estate Income Trust, Inc.), Dealer Manager Agreement (FS Credit Real Estate Income Trust, Inc.), Dealer Manager Agreement (FS Credit Real Estate Income Trust, Inc.)

Electronic Signatures and Electronic Delivery of Documents. If Selected Dealer has adopted or adopts a process by which persons may authorize certain account-related transactions and/or requests, in whole or in part, by “Electronic Signature” (as such term is defined by the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., the Uniform Electronic Transactions Act, as promulgated by the Uniform Conference of Commissioners on Uniform State Law in July 1999 and as adopted by the relevant jurisdiction(s) where Selected Dealer is licensed, and applicable rules, regulations and/or guidance relating to the use of electronic signatures issued by the SEC, SEC and FINRA and NASAA including, as applicable, the NASAA Statement of Policy Regarding Use of Electronic Offering Documents And Electronic Signatures, adopted May 8, 2017, as amended (collectively, “Electronic Signature Law”)), to the extent the Company Fund allows the use of Electronic Signature, in whole or in part, Selected Dealer represents that: (i) each Electronic Signature will be genuine; (ii) each Electronic Signature will represent the signature of the person required to sign the Subscription Agreement or other form to which such Electronic Signature is affixed; and (iii) Selected Dealer will comply with all applicable the terms of outlined in the Electronic Signature Law; and (iv) Use Rules of Engagement attached as Exhibit B hereto. Selected Dealer agrees to the Electronic Signature Use Indemnity Agreement attached hereto as Exhibit B. C hereto. If Selected Dealer intends to use electronic delivery to distribute the Prospectus or other documents related to the Company Fund to any personPerson, Selected Dealer will comply with all applicable rules, regulations and/or guidance relating to the electronic delivery of documents issued by the SEC, FINRA, NASAA FINRA and individual state securities administrators and any other applicable laws or regulations related to the electronic delivery of offering documents including, as appropriate, Electronic Signature Lawprospectuses. In particular, and without limitation, Selected Dealer shall comply with the requirement under certain Statements of Policy adopted by NASAA the North American Securities Administrators Association that a sale of Offered Shares shall not be completed until at least five business days after the Prospectus has been delivered to the investor. Selected Dealer shall obtain and document its receipt of the informed consent of individuals seeking to receive documents electronically of personsinvest in the Fund prior to delivering the Prospectus in electronic format to such individuals, which documentation shall be maintained by Selected Dealer and made available to the Company Fund and/or the Dealer Manager upon request.

Appears in 4 contracts

Samples: Dealer Manager Agreement (FS Global Credit Opportunities Fund - ADV), Dealer Manager Agreement (FS Global Credit Opportunities Fund - T), Dealer Manager Agreement (FS Global Credit Opportunities Fund - ADV)

Electronic Signatures and Electronic Delivery of Documents. If Participating Broker-Dealer has adopted or adopts a process by which persons may authorize certain account-related transactions and/or requests, in whole or in part, by “Electronic Signature” (as such term is defined by the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., the Uniform Electronic Transactions Act, as promulgated by the Uniform Conference of Commissioners on Uniform State Law in July 1999 and as adopted by the relevant jurisdiction(s) where Participating Broker-Dealer is licensed, and applicable rules, regulations and/or guidance relating to the use of electronic signatures issued by the SEC, SEC and FINRA and NASAA including, as applicable, the NASAA Statement of Policy Regarding Use of Electronic Offering Documents And Electronic Signatures, adopted May 8, 2017, as amended (collectively, “Electronic Signature Law”)), to the extent the Company Fund allows the use of Electronic Signature, in whole or in part, Participating Broker-Dealer represents that: (i) each Electronic Signature will be genuine; (ii) each Electronic Signature will represent the signature of the person required to sign the Subscription Agreement Investor Application or other form to which such Electronic Signature is affixed; and (iii) Participating Broker-Dealer will comply with all applicable the terms of outlined in the Electronic Signature Law; and (iv) Use Rules of Engagement attached as Exhibit A hereto. Participating Broker-Dealer agrees to the Electronic Signature Use Indemnity Agreement attached hereto as Exhibit B. B hereto. If Participating Broker-Dealer intends to use electronic delivery to distribute the Prospectus or other documents related to the Company Fund to any person, Participating Broker-Dealer will comply with all applicable rules, regulations and/or guidance relating to the electronic delivery of documents issued by the SEC, FINRA, NASAA FINRA and individual state securities administrators and any other applicable laws or regulations related to the electronic delivery of offering documents including, as appropriate, Electronic Signature Lawprospectuses. In particular, and without limitation, Participating Broker-Dealer shall comply with the requirement under certain prospectus delivery and completion of sale timing requirements for Offered Shares as set forth in applicable Statements of Policy adopted by NASAA that a sale of Shares shall not be completed until at least five business days after the Prospectus has been delivered to the investor. Dealer shall obtain and document its receipt of the informed consent to receive documents electronically of persons, which documentation shall be maintained by Dealer and made available to the Company and/or the Dealer Manager upon requestNorth American Securities Administrators Association.

Appears in 3 contracts

Samples: Distribution Agreement (Eagle Point Enhanced Income Trust), Dealer Manager Agreement (Eagle Point Institutional Income Fund), Dealer Manager Agreement (Eagle Point Institutional Income Fund)

Electronic Signatures and Electronic Delivery of Documents. If Dealer has adopted or adopts a process by which persons may authorize certain account-related transactions and/or requests, in whole or in part, by “Electronic Signature” (as such term is defined by the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., the Uniform Electronic Transactions Act, as promulgated by the Uniform Conference of Commissioners on Uniform State Law in July 1999 and as adopted by the relevant jurisdiction(s) where Dealer is licensed, and applicable rules, regulations and/or guidance relating to the use of electronic signatures issued by the SEC, FINRA and NASAA including, as applicable, the NASAA Statement of Policy Regarding Use of Electronic Offering Documents And Electronic Signatures, adopted May 8, 2017, as amended (collectively, “Electronic Signature Law”)), to the extent the Company allows the use of Electronic Signature, in whole or in part, Dealer represents that: (i) each Electronic Signature will be genuine; (ii) each Electronic Signature will represent the signature of the person required to sign the Subscription Agreement or other form to which such Electronic Signature is affixed; (iii) Dealer will comply with all applicable terms of the Electronic Signature Law; and (iv) Dealer agrees to the Electronic Signature Use Indemnity Agreement attached hereto as Exhibit B. If Dealer intends to use electronic delivery to distribute the Prospectus or other documents related to the Company to any person, Dealer will comply with all applicable rules, regulations and/or guidance relating to the electronic delivery of documents issued by the SEC, FINRA, NASAA and individual state securities administrators and any other applicable laws or regulations related to the electronic delivery of offering documents including, as appropriate, Electronic Signature Law. In particular, and without limitation, Dealer shall comply with the requirement under certain Statements of Policy adopted by NASAA that a sale of Shares shall not be completed until at least five business days after the Prospectus has been delivered to the investor. Dealer shall obtain and document its receipt of the informed consent to receive documents electronically of persons, which documentation shall be maintained by Dealer and made available to the Company and/or the Dealer Manager upon request. THE DEALER MANAGER: BROOKFIELD OAKTREE WEALTH SOLUTIONS LLC Date: 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. 1. Identity of Dealer Company name: Type of entity: Organized in the State of: Licensed as broker-dealer in all States: Yes No If no, list all States licensed as broker-dealer: Tax ID #: 2. Person to receive notices delivered pursuant to the Selected Dealer Agreement Name: Company: Address: City, State and Zip: Telephone: Email: AGREED TO AND ACCEPTED BY THE DEALER: By: Name: Title: Date: The following reflects the selling commissions, dealer manager fees and Servicing Fees as agreed upon between Brookfield Oaktree Wealth Solutions LLC (the “Dealer Manager”) and the Dealer, effective as of the effective date of the Selected Dealer Agreement (the “Agreement”) between the Dealer Manager and the Dealer in connection with the continuous public offering of Shares of Brookfield Real Estate Income Trust Inc. (the “Company”).

Appears in 3 contracts

Samples: Dealer Manager Agreement (Brookfield Real Estate Income Trust Inc.), Adviser Transition Agreement (Oaktree Real Estate Income Trust, Inc.), Dealer Manager Agreement (Oaktree Real Estate Income Trust, Inc.)

Electronic Signatures and Electronic Delivery of Documents. (a) If Participating Broker-Dealer has adopted or adopts a process by which persons may authorize certain account-related transactions and/or requests, in whole or in part, by “Electronic Signature” (as such term is defined by the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., the Uniform Electronic Transactions Act, as promulgated by the Uniform Conference of Commissioners on Uniform State Law in July 1999 and as adopted by the relevant jurisdiction(s) where Participating Broker-Dealer is licensed, and applicable rules, regulations and/or guidance relating to the use of electronic signatures issued by the SEC, SEC and FINRA and NASAA including, as applicable, the NASAA Statement of Policy Regarding Use of Electronic Offering Documents And Electronic Signatures, adopted May 8, 2017, as amended (collectively, “Electronic Signature Law”)), to the extent the Company allows the use of Electronic Signature, in whole or in part, Participating Broker-Dealer represents that: (i) each Electronic Signature will be genuine; (ii) each Electronic Signature will represent the signature of the person required to sign the Subscription Agreement or other form to which such Electronic Signature is affixed; and (iii) Participating Broker-Dealer will comply with all applicable the terms of outlined in the Electronic Signature Law; and (iv) Use Rules of Engagement attached as Exhibit B hereto. Participating Broker-Dealer agrees to the Electronic Signature Use Indemnity Agreement attached hereto as Exhibit B. C hereto. (b) If Participating Broker-Dealer intends to use electronic delivery to distribute the Prospectus Memorandum or other documents related to the Company to any person, Participating Broker-Dealer will comply with all applicable rules, regulations and/or guidance relating to the electronic delivery of documents issued by the SEC, FINRA, NASAA FINRA and individual state securities administrators and any other applicable laws or regulations related to the electronic delivery of offering documents including, as appropriate, Electronic Signature Law. In particular, and without limitation, Dealer shall comply with the requirement under certain Statements of Policy adopted by NASAA that a sale of Shares shall not be completed until at least five business days after the Prospectus has been delivered to the investor. Dealer shall obtain and document its receipt of the informed consent to receive documents electronically of persons, which documentation shall be maintained by Dealer and made available to the Company and/or the Dealer Manager upon requestprivate placement memorandum.

Appears in 3 contracts

Samples: Participating Broker Dealer Agreement (Fortress Credit Realty Income Trust), Participating Broker Dealer Agreement (Fortress Credit Realty Income Trust), Participating Broker Dealer Agreement (Fortress Net Lease REIT)

Electronic Signatures and Electronic Delivery of Documents. If Selected Dealer has adopted or adopts a process by which persons may authorize certain account-related transactions and/or requests, in whole or in part, by “Electronic Signature” (as such term is defined by the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., the Uniform Electronic Transactions Act, as promulgated by the Uniform Conference of Commissioners on Uniform State Law in July 1999 and as adopted by the relevant jurisdiction(s) where Selected Dealer is licensed, and applicable rules, regulations and/or guidance relating to the use of electronic signatures issued by the SEC, SEC and FINRA and NASAA including, as applicable, the NASAA Statement of Policy Regarding Use of Electronic Offering Documents And Electronic Signatures, adopted May 8, 2017, as amended (collectively, “Electronic Signature Law”)), to the extent the Company Corporation allows the use of Electronic Signature, in whole or in part, Selected Dealer represents that: (i) each Electronic Signature will be genuine; (ii) each Electronic Signature will represent the signature of the person required to sign the Subscription Agreement or other form to which such Electronic Signature is affixed; and (iii) Selected Dealer will comply with all applicable the terms of outlined in the Electronic Signature Law; and (iv) Use Rules of Engagement attached as Exhibit B hereto. Selected Dealer agrees to the Electronic Signature Use Indemnity Agreement attached hereto as Exhibit B. C hereto. If Selected Dealer intends to use electronic delivery to distribute the Prospectus or other documents related to the Company Fund to any personPerson, Selected Dealer will comply with all applicable rules, regulations and/or guidance relating to the electronic delivery of documents issued by the SEC, FINRA, NASAA FINRA and individual state securities administrators and any other applicable laws or regulations related to the electronic delivery of offering documents including, as appropriate, Electronic Signature Lawprospectuses. In particular, and without limitation, Selected Dealer shall comply with the requirement under certain Statements of Policy adopted by NASAA the North American Securities Administrators Association that a sale of Offered Shares shall not be completed until at least five business days after the Prospectus has been delivered to the investor. Selected Dealer shall obtain and document its receipt of the informed consent of individuals seeking to receive documents electronically of personsinvest in the Corporation prior to delivering the Prospectus in electronic format to such individuals, which documentation shall be maintained by Selected Dealer and made available to the Company Corporation and/or the Dealer Manager upon request.

Appears in 2 contracts

Samples: Selected Dealer Agreement (FS Investment Corp IV), Selected Dealer Agreement (FS Investment Corp IV)

Electronic Signatures and Electronic Delivery of Documents. If Selected Dealer has adopted or adopts a process by which persons may authorize certain account-related transactions and/or requests, in whole or in part, by “Electronic Signature” (as such term is defined by the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., the Uniform Electronic Transactions Act, as promulgated by the Uniform Conference of Commissioners on Uniform State Law in July 1999 and as adopted by the relevant jurisdiction(s) where Selected Dealer is licensed, and applicable rules, regulations and/or guidance relating to the use of electronic signatures issued by the SEC, SEC and FINRA and NASAA including, as applicable, the NASAA Statement of Policy Regarding Use of Electronic Offering Documents And Electronic Signatures, adopted May 8, 2017, as amended (collectively, “Electronic Signature Law”)), to the extent the Company Corporation allows the use of Electronic Signature, in whole or in part, Selected Dealer represents that: (i) each Electronic Signature will be genuine; (ii) each Electronic Signature will represent the signature of the person required to sign the Subscription Agreement or other form to which such Electronic Signature is affixed; and (iii) Selected Dealer will comply with all applicable the terms of outlined in the Electronic Signature Law; and (iv) Use Rules of Engagement attached as Exhibit B hereto. Selected Dealer agrees to the Electronic Signature Use Indemnity Agreement attached hereto as Exhibit B. C hereto. If Selected Dealer intends to use electronic delivery to distribute the Prospectus or other documents related to the Company Corporation to any person, Selected Dealer will comply with all applicable rules, regulations and/or guidance relating to the electronic delivery of documents issued by the SEC, FINRA, NASAA FINRA and individual state securities administrators and any other applicable laws or regulations related to the electronic delivery of offering documents including, as appropriate, Electronic Signature Lawprospectuses. In particular, and without limitation, Selected Dealer shall comply with the requirement under certain prospectus delivery and completion of sale timing requirements for Offered Shares as set forth in applicable Statements of Policy adopted by NASAA that a sale of Shares shall not be completed until at least five business days after the Prospectus has been delivered to the investor. Dealer shall obtain and document its receipt of the informed consent to receive documents electronically of persons, which documentation shall be maintained by Dealer and made available to the Company and/or the Dealer Manager upon requestNorth American Securities Administrators Association.

Appears in 2 contracts

Samples: Selected Dealer Agreement (FS Investment Corp IV), Selected Dealer Agreement (FS Investment Corp IV)

Electronic Signatures and Electronic Delivery of Documents. If Dealer Selected RIA has adopted or adopts a process by which persons may authorize certain account-related transactions and/or requests, in whole or in part, by “Electronic Signature” (as such term is defined by the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., the Uniform Electronic Transactions Act, as promulgated by the Uniform Conference of Commissioners on Uniform State Law in July 1999 and as adopted by the relevant jurisdiction(s) where Dealer Selected RIA is licensed, and applicable rules, regulations and/or guidance relating to the use of electronic signatures issued by the SEC, FINRA FINRA, NASAA and NASAA applicable states including, as applicable, the NASAA Statement of Policy Regarding Use of Electronic Offering Documents And Electronic Signatures, adopted May 8, 2017, as amended (collectively, “Electronic Signature Law”)), to the extent the Company allows the use of Electronic Signature, in whole or in part, Dealer Selected RIA represents that: (i) each Electronic Signature will be genuine; (ii) each Electronic Signature will represent the signature of the person required to sign the Subscription Agreement or other form to which such Electronic Signature is affixed; (iii) Dealer Selected RIA will comply with all applicable the terms of the Electronic Signature Law; and (iv) Dealer Selected RIA agrees to the Electronic Signature Use Indemnity Agreement attached hereto as Exhibit B. C. If Dealer Selected RIA intends to use electronic delivery to distribute the Prospectus or other documents related to the Company to any person, Dealer Selected RIA will comply with all applicable rules, regulations and/or guidance relating to the electronic delivery of documents issued by the SEC, FINRA, NASAA and individual state securities administrators and any other applicable laws or regulations related to the electronic delivery of offering documents including, as appropriate, Electronic Signature Law. In particular, and without limitation, Dealer Selected RIA shall comply with the requirement under certain Statements of Policy adopted by NASAA that a sale of Shares shall not be completed until at least five business days after the Prospectus has been delivered to the investor. Dealer Selected RIA shall obtain and document its receipt of the informed consent to receive documents electronically of persons, which documentation shall be maintained by Dealer Selected RIA and made available to the Company and/or the Dealer Manager upon request.

Appears in 2 contracts

Samples: Dealer Manager Agreement (Nuveen Global Cities REIT, Inc.), Dealer Manager Agreement (Nuveen Global Cities REIT, Inc.)

Electronic Signatures and Electronic Delivery of Documents. If the Dealer has adopted or adopts a process by which persons may authorize certain account-related transactions and/or requests, in whole or in part, by “Electronic Signature” (as such term is defined by the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., the Uniform Electronic Transactions Act, as promulgated by the Uniform Conference of Commissioners on Uniform State Law in July 1999 and as adopted by the relevant jurisdiction(s) where the Dealer is licensed, and applicable rules, regulations and/or guidance relating to the use of electronic signatures issued by the SEC, FINRA and NASAA includingstate securities administrators, as applicable, including without limitation the NASAA Statement of Policy Regarding Use of Electronic Offering Documents And and Electronic Signatures, adopted May 8, 2017, as amended Signatures (the “NASAA E-Delivery and E-Signature Guidelines,” and collectively, “Electronic Signature Law”)), to the extent the Company allows the use of Electronic Signature, in whole or in part, the Dealer represents that: (i) each Electronic Signature will be genuine; (ii) each Electronic Signature will represent the signature of the person required to sign the Subscription Agreement subscription agreement or other form document to which such Electronic Signature is affixed; and (iii) the Dealer will comply with all applicable the terms of the Electronic Signature Law; and (iv) Dealer agrees to outlined in the Electronic Signature Use Indemnity Agreement Rules of Engagement attached hereto as Exhibit B. Schedule III hereto. If the Dealer intends to use electronic delivery to distribute the Prospectus or other documents related to the Company Offering to any person, the Dealer will represents that it has written policies and procedures covering the use of electronic offering documents and subscription agreements and shall comply with all applicable rules, regulations and/or guidance relating to the electronic delivery of documents issued by the SEC, FINRA, NASAA FINRA and individual state securities administrators and any other applicable laws or regulations related to the electronic delivery of prospectuses and other offering documents includingdocuments, as appropriateincluding without limitation the NASAA E-Delivery and E-Signature Guidelines. The Dealer agrees that if Dealer uses electronic delivery to distribute the Prospectus, Electronic subscription agreement or other offering documents, then for purposes of compliance with the NASAA E-Delivery and E-Signature Law. In particularGuidelines, and without limitation, the Dealer shall comply with act as an “agent acting on behalf of the requirement under certain Statements of Policy adopted by issuer” as such term is used in the NASAA that a sale of Shares shall not be completed until at least five business days after the Prospectus has been delivered to the investorE-Delivery and E-Signature Guidelines. The Dealer shall obtain and document its receipt of the informed consent of individuals seeking to receive documents electronically of personsinvest in the Offering prior to delivering the Prospectus in electronic format to such individuals, which documentation shall be maintained by the Dealer and made available to the Company and/or the Dealer Manager upon request. The Dealer shall not require its customers to participate in electronic delivery as a prerequisite to investing in the Shares.

Appears in 2 contracts

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

Electronic Signatures and Electronic Delivery of Documents. If Selected Dealer has adopted or adopts a process by which persons may authorize certain account-related transactions and/or requests, in whole or in part, by “Electronic Signature” (as such term is defined by the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., the Uniform Electronic Transactions Act, as promulgated by the Uniform Conference of Commissioners on Uniform State Law in July 1999 and as adopted by the relevant jurisdiction(s) where Selected Dealer is licensed, and applicable rules, regulations and/or guidance relating to the use of electronic signatures issued by the SEC, FINRA and NASAA the North American Securities Administrators Association (“NASAA”) including, as applicable, the NASAA Statement of Policy Regarding Use of Electronic Offering Documents And Electronic Signatures, adopted May 8, 2017, as amended (collectively, “Electronic Signature Law”)), to the extent the Company Fund allows the use of Electronic Signature, in whole or in part, Selected Dealer represents that: (i) each Electronic Signature will be genuine; (ii) each Electronic Signature will represent the signature of the person required to sign the Subscription Agreement or other form to which such Electronic Signature is affixed; (iii) Selected Dealer will comply with all applicable terms of the Electronic Signature Law; and (iv) Selected Dealer agrees to the Electronic Signature Use Indemnity Agreement attached hereto as Exhibit B. B hereto. If Selected Dealer intends to use electronic delivery to distribute the Prospectus or other documents related to the Company Fund to any person, Selected Dealer will comply with all applicable rules, regulations and/or guidance relating to the electronic delivery of documents issued by the SEC, FINRA, NASAA and individual state securities administrators administrators, and any other applicable laws or regulations related to the electronic delivery of offering documents including, as appropriate, Electronic Signature Law. In particular, and without limitation, Dealer shall comply with the requirement under certain Statements of Policy adopted by NASAA that a sale of Shares shall not be completed until at least five business days after the Prospectus has been delivered to the investor. Selected Dealer shall obtain and document its receipt of the informed consent to receive documents electronically of persons seeking to invest in the Fund prior to delivering the Prospectus in electronic format to such persons, which documentation shall be maintained by Selected Dealer and made available to the Company Fund and/or the Dealer Manager upon request.

Appears in 2 contracts

Samples: Dealer Manager Agreement (FS Global Credit Opportunities Fund-T2), Dealer Manager Agreement (FS Global Credit Opportunities Fund - ADV)

Electronic Signatures and Electronic Delivery of Documents. If Dealer has adopted or adopts a process by which persons may authorize certain account-related transactions and/or requests, in whole or in part, by “Electronic Signature” (as such term is defined by the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., the Uniform Electronic Transactions Act, as promulgated by the Uniform Conference of Commissioners on Uniform State Law in July 1999 and as adopted by the relevant jurisdiction(s) where Dealer is licensed, and applicable rules, regulations and/or guidance relating to the use of electronic signatures issued by the SEC, FINRA and NASAA including, as applicable, the NASAA Statement of Policy Regarding Use of Electronic Offering Documents And Electronic Signatures, adopted May 8, 2017, as amended (collectively, “Electronic Signature Law”)), to the extent the Company allows the use of Electronic Signature, in whole or in part, Dealer represents that: (i) each Electronic Signature will be genuine; (ii) each Electronic Signature will represent the signature of the person required to sign the Subscription Agreement or other form to which such Electronic Signature is affixed; (iii) Dealer will comply with all applicable the terms of the Electronic Signature Law; and (iv) Dealer agrees to the Electronic Signature Use Indemnity Agreement attached hereto as Exhibit B. “B.” If Dealer intends to use electronic delivery to distribute the Prospectus or other documents related to the Company to any person, Dealer will comply with all applicable rules, regulations and/or guidance relating to the electronic delivery of documents issued by the SEC, FINRA, NASAA and individual state securities administrators and any other applicable laws or regulations related to the electronic delivery of offering documents including, as appropriate, Electronic Signature Law. In particular, and without limitation, Dealer shall comply with the requirement under certain Statements of Policy adopted by NASAA that a sale of Shares shall not be completed until at least five business days after the Prospectus has been delivered to the investor. Dealer shall obtain and document its receipt of the informed consent to receive documents electronically of persons, which documentation shall be maintained by Dealer and made available to the Company and/or the Dealer Intermediary Manager upon request.

Appears in 2 contracts

Samples: Intermediary Manager Agreement (Nuveen Churchill Private Capital Income Fund), Intermediary Manager Agreement (Nuveen Churchill Private Capital Income Fund)

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Electronic Signatures and Electronic Delivery of Documents. If Participating Broker-Dealer has adopted or adopts a process by which persons may authorize certain account-related transactions and/or requests, in whole or in part, by “Electronic Signature” (as such term is defined by the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., the Uniform Electronic Transactions Act, as promulgated by the Uniform Conference of Commissioners on Uniform State Law in July 1999 and as adopted by the relevant jurisdiction(s) where Participating Broker-Dealer is licensed, and applicable rules, regulations and/or guidance relating to the use of electronic signatures issued by the SEC, SEC and FINRA and NASAA including, as applicable, the NASAA Statement of Policy Regarding Use of Electronic Offering Documents And Electronic Signatures, adopted May 8, 2017, as amended (collectively, “Electronic Signature Law”)), to the extent the Company Trust allows the use of Electronic Signature, in whole or in part, Participating Broker-Dealer represents that: (i) each Electronic Signature will be genuine; (ii) each Electronic Signature will represent the signature of the person required to sign the Subscription Agreement or other form to which such Electronic Signature is affixed; and (iii) Participating Broker-Dealer will comply with all applicable the terms of outlined in the Electronic Signature Law; and (iv) Use Rules of Engagement attached as Exhibit B hereto. Participating Broker-Dealer agrees to the Electronic Signature Use Indemnity Agreement attached hereto as Exhibit B. C hereto. If Participating Broker-Dealer intends to use electronic delivery to distribute the Prospectus Private Placement Memorandum or other documents related to the Company Trust to any person, Participating Broker-Dealer will comply with all applicable rules, regulations and/or guidance relating to the electronic delivery of documents issued by the SEC, FINRA, NASAA FINRA and individual state securities administrators and any other applicable laws or regulations related to the electronic delivery of offering documents including, as appropriate, Electronic Signature Law. In particular, and without limitation, Dealer shall comply with the requirement under certain Statements of Policy adopted by NASAA that a sale of Shares shall not be completed until at least five business days after the Prospectus has been delivered to the investor. Dealer shall obtain and document its receipt of the informed consent to receive documents electronically of persons, which documentation shall be maintained by Dealer and made available to the Company and/or the Dealer Manager upon requestprivate placement memoranda.

Appears in 1 contract

Samples: Participating Broker Dealer Agreement (Oak Street Net Lease Trust)

Electronic Signatures and Electronic Delivery of Documents. (a) If the Dealer has adopted or adopts a process by which persons may authorize certain account-related transactions and/or and requests, in whole or in part, by “Electronic Signature” (as such term is defined by the Electronic Signatures in Global and National Commerce E-Sign Act, 15 U.S.C. 7001 et seq.the UETA, the Uniform Electronic Transactions Act, as promulgated by the Uniform Conference of Commissioners on Uniform State Law in July 1999 and as adopted by the relevant jurisdiction(s) where Dealer is licensed, and applicable rules, regulations and/or and guidance relating to the use of electronic signatures issued by the SEC, SEC and FINRA and NASAA including, as applicable, the NASAA Statement of Policy Regarding Use of Electronic Offering Documents And Electronic Signatures, adopted May 8, 2017, as amended (collectively, “Electronic Signature Law”)), to the extent the Company allows the use of Electronic Signature, in whole or in part, the Dealer represents that: (i) each Electronic Signature will be genuine; (ii) each Electronic Signature will represent the signature of the person required to sign the Subscription Agreement or other form to which such Electronic Signature is affixed; (iii) the Dealer will comply with all applicable terms of the Electronic Signature Law; and (iv) the Dealer agrees to the Electronic Signature Use Indemnity Agreement attached hereto as Exhibit B. B. (b) If the Dealer intends to use electronic delivery to distribute the Prospectus or other documents related to the Company to any person, the Dealer will comply with all applicable rules, regulations and/or and guidance relating to the electronic delivery of documents issued by the SEC, FINRA, NASAA FINRA and individual state securities administrators and any other applicable laws or regulations related to the electronic delivery of offering documents including, as appropriate, Electronic Signature Law. In particular, and without limitation, Dealer shall comply with the requirement under certain Statements of Policy adopted by NASAA that a sale of Shares shall not be completed until at least five business days after the Prospectus has been delivered to the investor. The Dealer shall obtain and document its receipt of the informed consent to receive documents electronically of persons, which documentation shall be maintained by the Dealer and made available to the Company and/or and the Dealer Manager upon request. [Signature pages follows.] By: Hxxxxx Xxxxx Compliance Princpal Date: [Intentionally left blank. 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. Company name: Type of entity: Jurisdiction of Organization: Licensed as broker-dealer in all States: Yes: No: If no, list all states licensed as broker-dealer in: Tax ID: Name: Company: Address: City, State and Zip Code: Telephone: Email: By: Name: Title: Date: NAME OF ISSUER: Belpointe PREP, LLC The Dealer hereby authorizes the Dealer Manager or its agent to deposit selling commissions and other payments due to it pursuant to the Participating Dealer Agreement to its bank account specified below. This authority will remain in force until Dealer notifies the Dealer Manager in writing to cancel it. In the event that the Dealer Manager deposits funds erroneously into the Dealer’s account, the Dealer Manager is authorized to debit the account with no prior notice to the Dealer for an amount not to exceed the amount of the erroneous deposit. Bank Address: Bank Routing Number: Account Number: By: Name: Title: Date:

Appears in 1 contract

Samples: Participating Dealer Agreement (Belpointe PREP, LLC)

Electronic Signatures and Electronic Delivery of Documents. If Dealer has adopted or adopts a process by which persons may authorize certain account-related transactions and/or requests, in whole or in part, by “Electronic Signature” (as such term is defined by the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., the Uniform Electronic Transactions Act, as promulgated by the Uniform Conference of Commissioners on Uniform State Law in July 1999 and as adopted by the relevant jurisdiction(s) where Dealer is licensed, and applicable rules, regulations and/or guidance relating to the use of electronic signatures issued by the SEC, FINRA and NASAA including, as applicable, the NASAA Statement of Policy Regarding Use of Electronic Offering Documents And Electronic Signatures, adopted May 8, 2017, as amended (collectively, “Electronic Signature Law”)), to the extent the Company allows the use of Electronic Signature, in whole or in part, Dealer represents that: (i) each Electronic Signature will be genuine; (ii) each Electronic Signature will represent the signature of the person required to sign the Subscription Agreement or other form to which such Electronic Signature is affixed; (iii) Dealer will comply with all applicable terms of the Electronic Signature Law; and (iv) Dealer agrees to the Electronic Signature Use Indemnity Agreement attached hereto as Exhibit B. If Dealer intends to use electronic delivery to distribute the Prospectus or other documents related to the Company to any person, Dealer will comply with all applicable rules, regulations and/or guidance relating to the electronic delivery of documents issued by the SEC, FINRA, NASAA and individual state securities administrators and any other applicable laws or regulations related to the electronic delivery of offering documents including, as appropriate, Electronic Signature Law. In particular, and without limitation, Dealer shall comply with the requirement under certain Statements of Policy adopted by NASAA that a sale of Shares shall not be completed until at least five business days after the Prospectus has been delivered to the investor. Dealer shall obtain and document its receipt of the informed consent to receive documents electronically of persons, which documentation shall be maintained by Dealer and made available to the Company and/or the Dealer Manager upon request. THE DEALER MANAGER: SDDCO BROKERAGE ADVISORS, LLC Date: 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. 1. IDENTITY OF DEALER: Company name: Type of entity: (Corporation, Partnership or Proprietorship) Organized in the State of: Licensed as broker-dealer in all States: Yes No If no, list all States licensed as broker-dealer: Tax ID #: 2. Person to receive notices delivered pursuant to the Selected Dealer Agreement. Name: Company: Address: City, State and Zip: Telephone: Email: AGREED TO AND ACCEPTED BY THE DEALER: (Dealer’s Firm Name) By: Signature Name: Title: Date: The following reflects the selling commissions, dealer manager fees and Servicing Fees as agreed upon between SDDco Brokerage Advisors, LLC (the “Dealer Manager”) and the Dealer, effective as of the effective date of the Selected Dealer Agreement (the “Agreement”) between the Dealer Manager and the Dealer in connection with the offering of Shares of Oaktree Real Estate Income Trust, Inc. (the “Company”).

Appears in 1 contract

Samples: Selected Dealer Agreement (Oaktree Real Estate Income Trust, Inc.)

Electronic Signatures and Electronic Delivery of Documents. If Participating Broker-Dealer has adopted or adopts a process by which persons may authorize certain account-related transactions and/or requests, in whole or in part, by “Electronic Signature” (as such term is defined by the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., the Uniform Electronic Transactions Act, as promulgated by the Uniform Conference of Commissioners on Uniform State Law in July 1999 and as adopted by the relevant jurisdiction(s) where Participating Broker-Dealer is licensed, and applicable rules, regulations and/or guidance relating to the use of electronic signatures issued by the SEC, FINRA and NASAA including, as applicable, the NASAA Statement of Policy Regarding Use of Electronic Offering Documents And Electronic Signatures, adopted May 8, 2017, as amended (collectively, “Electronic Signature Law”)), to the extent the Company allows the use of Electronic Signature, in whole or in part, Participating Broker-Dealer represents that: (i) each Electronic Signature will be genuine; (ii) each Electronic Signature will represent the signature of the person required to sign the Subscription Agreement or other form to which such Electronic Signature is affixed; and (iii) Participating Broker-Dealer will comply with all applicable terms of the Electronic Signature Law; and (iv) Dealer agrees to the Electronic Signature Use Indemnity Agreement attached hereto as Exhibit B. . If Participating Broker-Dealer intends to use electronic delivery to distribute the Prospectus or other documents related to the Company to any person, Participating Broker-Dealer will comply with all applicable rules, regulations and/or guidance relating to the electronic delivery of documents issued by the SEC, FINRA, NASAA and individual state securities administrators and any other applicable laws or regulations related to the electronic delivery of offering documents including, as appropriate, Electronic Signature Law. In particularaddition, and without limitation, Participating Broker-Dealer shall comply with the requirement under certain Statements of Policy adopted by NASAA that a sale of Offered Shares shall not be completed until at least five business days after the Prospectus has been delivered to the investor. Participating Broker-Dealer shall obtain and document its receipt of the informed consent to receive documents electronically of persons, which documentation shall be maintained by Participating Broker-Dealer and made available to the Company and/or the Dealer Manager upon request. Participating Broker-Dealer represents that the Company may accept any Electronic Signature without any responsibility to verify or authenticate that it is the signature of Participating Broker-Dealer’s client given with such client’s prior authorization and consent. Participating Broker-Dealer represents that the Company may act in accordance with the instructions authorized by Electronic Signature without any responsibility to verify that Participating Broker-Dealer’s client intended to give the Electronic Signature for the purpose of authorizing the instruction, transaction or request and that Participating Broker-Dealer’s client received all disclosures required by applicable Electronic Signature Law. Participating Broker-Dealer agrees to provide a copy of each Electronic Signature and further evidence supporting any Electronic Signature upon request by the Company or Dealer Manager.

Appears in 1 contract

Samples: Dealer Manager Agreement (Jones Lang LaSalle Income Property Trust, Inc.)

Electronic Signatures and Electronic Delivery of Documents. If Selected Dealer has adopted or adopts a process by which persons may authorize certain account-related transactions and/or requests, in whole or in part, by “Electronic Signature” (as such term is defined by the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., the Uniform Electronic Transactions Act, as promulgated by the Uniform Conference of Commissioners on Uniform State Law in July 1999 and as adopted by the relevant jurisdiction(s) where Selected Dealer is licensed, and applicable rules, regulations and/or guidance relating to the use of electronic signatures issued by the SEC, SEC and FINRA and NASAA including, as applicable, the NASAA Statement of Policy Regarding Use of Electronic Offering Documents And Electronic Signatures, adopted May 8, 2017, as amended (collectively, “Electronic Signature Law”)), to the extent the Company Fund allows the use of Electronic Signature, in whole or in part, Selected Dealer represents that: (i) each Electronic Signature will be genuine; (ii) each Electronic Signature will represent the signature of the person required to sign the Subscription Agreement or other form to which such Electronic Signature is affixed; and (iii) Selected Dealer will comply with all applicable the terms of outlined in the Electronic Signature Law; and (iv) Use Rules of Engagement attached as Exhibit B hereto. Selected Dealer agrees to the Electronic Signature Use Indemnity Agreement attached hereto as Exhibit B. C hereto. If Selected Dealer intends to use electronic delivery to distribute the Prospectus or other documents related to the Company Fund to any personPerson, Selected Dealer will comply with all applicable rules, regulations and/or guidance relating to the electronic delivery of documents issued by the SEC, FINRA, NASAA FINRA and individual state securities administrators and any other applicable laws or regulations related to the electronic delivery of offering documents including, as appropriate, Electronic Signature Lawprospectuses. In particular, and without limitation, Dealer shall comply with the requirement under certain Statements of Policy adopted by NASAA that a sale of Shares shall not be completed until at least five business days after the Prospectus has been delivered to the investor. Selected Dealer shall obtain and document its receipt of the informed consent of individuals seeking to receive documents electronically of personsinvest in the Fund prior to delivering the Prospectus in electronic format to such individuals, which documentation shall be maintained by Selected Dealer and made available to the Company Fund and/or the Dealer Manager upon request.

Appears in 1 contract

Samples: Dealer Manager Agreement (FS Global Credit Opportunities Fund - ADV)

Electronic Signatures and Electronic Delivery of Documents. (a) If the Dealer has adopted or adopts a process by which persons may authorize certain account-related transactions and/or and requests, in whole or in part, by “Electronic Signature” (as such term is defined by the Electronic Signatures in Global and National Commerce E-Sign Act, 15 U.S.C. 7001 et seq.the UETA, the Uniform Electronic Transactions Act, as promulgated by the Uniform Conference of Commissioners on Uniform State Law in July 1999 and as adopted by the relevant jurisdiction(s) where Dealer is licensed, and applicable rules, regulations and/or and guidance relating to the use of electronic signatures issued by the SEC, SEC and FINRA and NASAA including, as applicable, the NASAA Statement of Policy Regarding Use of Electronic Offering Documents And Electronic Signatures, adopted May 8, 2017, as amended (collectively, “Electronic Signature Law”)), to the extent the Company allows the use of Electronic Signature, in whole or in part, the Dealer represents that: (i) each Electronic Signature will be genuine; (ii) each Electronic Signature will represent the signature of the person required to sign the Subscription Agreement or other form to which such Electronic Signature is affixed; (iii) the Dealer will comply with all applicable terms of the Electronic Signature Law; and (iv) the Dealer agrees to the Electronic Signature Use Indemnity Agreement attached hereto as Exhibit B. B. (b) If the Dealer intends to use electronic delivery to distribute the Prospectus or other documents related to the Company to any person, the Dealer will comply with all applicable rules, regulations and/or and guidance relating to the electronic delivery of documents issued by the SEC, FINRA, NASAA FINRA and individual state securities administrators and any other applicable laws or regulations related to the electronic delivery of offering documents including, as appropriate, Electronic Signature Law. In particular, and without limitation, Dealer shall comply with the requirement under certain Statements of Policy adopted by NASAA that a sale of Shares shall not be completed until at least five business days after the Prospectus has been delivered to the investor. The Dealer shall obtain and document its receipt of the informed consent to receive documents electronically of persons, which documentation shall be maintained by the Dealer and made available to the Company and/or and the Dealer Manager upon request. [Signature pages follows.] By: Hxxxxx Xxxxx Compliance Principal Date: [Intentionally left blank. 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. Company name: Type of entity: Licensed as broker-dealer in all States: Yes: No: Name:

Appears in 1 contract

Samples: Participating Dealer Agreement (Belpointe PREP, LLC)

Electronic Signatures and Electronic Delivery of Documents. If Selected Dealer has adopted or adopts a process by which persons may authorize certain account-related transactions and/or requests, in whole or in part, by “Electronic Signature” (as such term is defined by the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., the Uniform Electronic Transactions Act, as promulgated by the Uniform Conference of Commissioners on Uniform State Law in July 1999 and as adopted by the relevant jurisdiction(s) where Selected Dealer is licensed, and applicable rules, regulations and/or guidance relating to the use of electronic signatures issued by the SEC, FINRA and NASAA including, as applicable, the NASAA Statement of Policy Regarding Use of Electronic Offering Documents And Electronic Signatures, adopted May 8, 20172017 (“NASAA Statement of Policy”), as amended (collectively, “Electronic Signature Law”)), to the extent the Company that GCIF 2021 and each additional Feeder Fund allows the use of Electronic Signature, in whole or in part, Selected Dealer represents that: : (ia) each Electronic Signature will be genuine; ; (iib) each Electronic Signature will represent the signature of the person required to sign the Subscription Agreement or other form to which such Electronic Signature is affixed; ; (iiic) Selected Dealer will comply with all applicable the terms of the Electronic Signature Law, including but not limited to: (i) before completion of any Subscription Agreement, Selected Dealer must review with the prospective investor all appropriate documentation related to the prospective investment including documents on how to complete the Subscription Agreement; (ii) the Selected Dealer will have established a mechanism to ensure a prospective investor reviews all required disclosures and scrolls through the document in its entirety prior to initialing or signing the Subscription Agreement; (iii) in the event of discovery of a Security Breach, as defined in the NASAA Statement of Policy, at any time in any jurisdiction, Selected Dealer will take prompt action to (A) identify and locate the breach; (B) secure the affected information; (C) suspend the use of the particular device or technology that has been compromised until information security has been restored; and (D) provide notice of the security breach to any investor whose confidential personal information has been improperly accessed in connection with the security breach and to the securities administrator of each state in which an affected investor resides; (iv) maintain written policies and procedures covering the use of electronic offering documents, subscription agreements, and electronic signatures that incorporate relevant requirements of the Electronic Signature Law; (v) store electronic Prospectuses and offering documents in a non-rewritable and non-erasable format and provide for retention of electronically signed documents in compliance with the Electronic Signature Law; (vi) employ an authentication process to establish signer credentials; (vii) employ security features that protect signed records from alteration; (viii) an investor or prospective investor shall expressly opt-in to the Selected Dealer’s electronic signature process and may terminate his or her participation at any time; (ix) Selected Dealer shall not condition investment in GCIF 2021 or any additional Feeder Fund on participation in the Selected Dealer’s electronic signature process; and (d) Selected Dealer agrees to the Electronic Signature Use Indemnity Agreement attached hereto as Exhibit B. Schedule V hereto. If Selected Dealer intends to use electronic delivery to distribute the Prospectus or other documents related to the Company GCIF 2021 and each additional Feeder Fund to any person, Selected Dealer will comply with all applicable rules, regulations and/or guidance relating to the electronic delivery of documents issued by the SEC, FINRA, NASAA and individual state securities administrators and any other applicable laws or regulations related to the electronic delivery of offering documents including, as appropriate, Electronic Signature Law. In particular, and without limitation, Selected Dealer shall comply with the requirement requirements under certain Statements the NASAA Statement of Policy adopted by NASAA that Policy, including but not limited to compliance with the following: (a) a sale of Shares shall not be completed until at least five business days after the Prospectus has been delivered to the investor. investor and Selected Dealer shall employ safeguards to ensure compliance herewith; (b) obtain and document its receipt of the informed consent to receive documents electronically of personsinvestors or prospective investors, which documentation shall be maintained by Selected Dealer and made available to GCIF 2021 and each additional Feeder Fund and/or the Company Dealer Manager upon request; (c) ensure the investor or prospective investor receives timely, adequate, and direct notice when a Prospectus has been delivered; and (d) maintain evidence of delivery by keeping records of its electronic delivery of the Prospectus and make those records available to GCIF 2021 and each additional Feeder Fund and/or the Dealer Manager upon request.

Appears in 1 contract

Samples: Selected Dealer Agreement (Guggenheim Credit Income Fund 2021)

Electronic Signatures and Electronic Delivery of Documents. If Participating Broker-Dealer has adopted or adopts a process by which persons may authorize certain account-related transactions and/or requests, in whole or in part, by “Electronic Signature” (as such term is defined by the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., the Uniform Electronic Transactions Act, as promulgated by the Uniform Conference of Commissioners on Uniform State Law in July 1999 and as adopted by the relevant jurisdiction(s) where Participating Broker-Dealer is licensed, and applicable rules, regulations and/or guidance relating to the use of electronic signatures issued by the SEC, SEC and FINRA and NASAA including, as applicable, the NASAA Statement of Policy Regarding Use of Electronic Offering Documents And Electronic Signatures, adopted May 8, 2017, as amended (collectively, “Electronic Signature Law”)), to the extent the Company Trust allows the use of Electronic Signature, in whole or in part, Participating Broker-Dealer represents that: (i) each Electronic Signature will be genuine; (ii) each Electronic Signature will represent the signature of the person required to sign the Subscription Agreement or other form to which such Electronic Signature is affixed; and (iii) Participating Broker-Dealer will comply with all applicable the terms of outlined LEGAL02/43103834v6 in the Electronic Signature Law; and (iv) Use Rules of Engagement attached as Exhibit B hereto. Participating Broker-Dealer agrees to the Electronic Signature Use Indemnity Agreement attached hereto as Exhibit B. C hereto. If Participating Broker-Dealer intends to use electronic delivery to distribute the Prospectus Private Placement Memorandum or other documents related to the Company Trust to any person, Participating Broker-Dealer will comply with all applicable rules, regulations and/or guidance relating to the electronic delivery of documents issued by the SEC, FINRA, NASAA FINRA and individual state securities administrators and any other applicable laws or regulations related to the electronic delivery of offering documents including, as appropriate, Electronic Signature Law. In particular, and without limitation, Dealer shall comply with the requirement under certain Statements of Policy adopted by NASAA that a sale of Shares shall not be completed until at least five business days after the Prospectus has been delivered to the investor. Dealer shall obtain and document its receipt of the informed consent to receive documents electronically of persons, which documentation shall be maintained by Dealer and made available to the Company and/or the Dealer Manager upon requestprivate placement memoranda.

Appears in 1 contract

Samples: Participating Broker Dealer Agreement (Blue Owl Real Estate Net Lease Trust)

Electronic Signatures and Electronic Delivery of Documents. If Dealer Selling Agent has adopted or adopts a process by which persons may authorize certain account-related transactions and/or requests, in whole or in part, by “Electronic Signature” (as such term is defined by the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., the Uniform Electronic Transactions Act, as promulgated by the Uniform Conference of Commissioners on Uniform State Law in July 1999 and as adopted by the relevant jurisdiction(s) where Dealer Selling Agent is licensed, and applicable rules, regulations and/or guidance relating to the use of electronic signatures issued by the SEC, SEC and FINRA and NASAA including, as applicable, the NASAA Statement of Policy Regarding Use of Electronic Offering Documents And Electronic Signatures, adopted May 8, 2017, as amended (collectively, “Electronic Signature Law”)), to the extent the Company Fund allows the use of Electronic Signature, in whole or in part, Dealer Selling Agent represents that: (i) each Electronic Signature will be genuine; (ii) each Electronic Signature will represent the signature of the person required to sign the Subscription Agreement Investor Application or other form to which such Electronic Signature is affixed; and (iii) Dealer Selling Agent will comply with all applicable the terms of outlined in the Electronic Signature Law; and (iv) Dealer Use Rules of Engagement attached as Exhibit A hereto. Selling Agent agrees to the Electronic Signature Use Indemnity Agreement attached hereto as Exhibit B. B hereto. If Dealer Selling Agent intends to use electronic delivery to distribute the Prospectus or other documents related to the Company Fund to any person, Dealer Selling Agent will comply with all applicable rules, regulations and/or guidance relating to the electronic delivery of documents issued by the SEC, FINRA, NASAA FINRA and individual state securities administrators and any other applicable laws or regulations related to the electronic delivery of offering documents including, as appropriate, Electronic Signature Lawprospectuses. In particular, and without limitation, Dealer Selling Agent shall comply with the requirement under certain prospectus delivery and completion of sale timing requirements for Preferred Stock as set forth in applicable Statements of Policy adopted by NASAA that a sale of Shares shall not be completed until at least five business days after the Prospectus has been delivered to the investor. Dealer shall obtain and document its receipt of the informed consent to receive documents electronically of persons, which documentation shall be maintained by Dealer and made available to the Company and/or the Dealer Manager upon requestNorth American Securities Administrators Association.

Appears in 1 contract

Samples: Dealer Manager Agreement (Eagle Point Credit Co Inc.)

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