Common use of No Pending Action Clause in Contracts

No Pending Action. There is no action, suit, proceeding or investigation pending, or, to the knowledge of the Dealer Manager, threatened or contemplated before or by any arbitrator, court or other government body, domestic or foreign, against or affecting the Dealer Manager or any subsidiary thereof which is required to be disclosed in the Registration Statement (other than as disclosed therein), or which would reasonably be expected to result in a Material Adverse Effect, or which would reasonably be expected to materially and adversely affect the properties or assets thereof or the consummation of the transactions contemplated by this Agreement. The aggregate of all pending legal or governmental proceedings to which the Dealer Manager or any subsidiary thereof is a party or of which any of its respective properties or assets is the subject which are not described in the Registration Statement, including ordinary routine litigation incidental to the business, would not reasonably be expected to result in a Material Adverse Effect or materially adversely affect other properties or assets of the Dealer Manager or any subsidiary thereof.

Appears in 6 contracts

Samples: Selected Dealer Agreement (Dividend Capital Diversified Property Fund Inc.), Selected Dealer Agreement (Dividend Capital Diversified Property Fund Inc.), Selected Dealer Agreement (Dividend Capital Diversified Property Fund Inc.)

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No Pending Action. There is no action, suit, suit or proceeding or investigation pending, or, to the knowledge of the Dealer ManagerCompany, threatened or contemplated before or by any arbitrator, court or other government body, domestic or foreign, against or affecting the Dealer Manager any Issuer Entity or any respective subsidiary thereof which is required to be disclosed in the Registration Statement (other than as disclosed therein), or which would reasonably be expected to result in a Material Adverse Effect, or which would reasonably be expected to materially and adversely affect the properties or assets thereof or the consummation of the transactions contemplated by this Agreement. The aggregate of all pending legal or governmental proceedings to which the Dealer Manager any Issuer Entity or any respective subsidiary thereof is a party or of which any of its their respective properties or assets is the subject which are not described in the Registration Statement, including ordinary routine litigation incidental to the business, would not reasonably be expected to result in a Material Adverse Effect or materially adversely affect other properties or assets of the Dealer Manager any Issuer Entity or any respective subsidiary thereof.

Appears in 5 contracts

Samples: Selected Dealer Agreement (Hines Global REIT, Inc.), Selected Dealer Agreement (Industrial Income Trust Inc.), Selected Dealer Agreement (Carey Watermark Investors Inc)

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No Pending Action. There is no action, suit, suit or proceeding or investigation pending, or, to the knowledge of the Dealer ManagerCompany, threatened or contemplated before or by any arbitrator, court or other government body, domestic or foreign, against or affecting the Dealer Manager any Issuer Entity or any respective subsidiary thereof which is required to be disclosed in the Registration Statement (other than as disclosed therein), or which would reasonably be expected to result in a Material Adverse Effect, or which would reasonably be expected to materially and adversely affect the properties or assets thereof or the consummation of the transactions contemplated by this Agreement. The aggregate of all pending legal or governmental proceedings to which the Dealer Manager any Issuer Entity or any respective subsidiary thereof is a party or of which any of its their respective properties or assets is the subject which are not described in the Registration Statement, including ordinary routine litigation incidental to the business, would not reasonably be expected to result in a Material Adverse Effect or materially adversely affect other properties or assets of the Dealer Manager or any subsidiary thereofIssuer Entities taken as a whole.

Appears in 1 contract

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

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