No Subsequent Material Events. Subsequent to the respective dates as of which information is given in the Offering Circular and prior to the Termination Date, except as contemplated in the Offering Circular or as disclosed in a supplement or amendment thereto within five (5) business days of the occurrence thereof, neither the Sponsor nor the Company has and neither will have: (i) incurred any material liabilities or obligations, direct or contingent, other than in the ordinary course of business; (ii) entered into any material transaction, not in the ordinary course of business and, except as so disclosed, there has not been and will not be any event that could reasonably be expected to result in a material adverse effect to its property or financial prospects (“Sponsor Material Adverse Effect”); or (iii) become a party (or its property become subject), or received notice that it will become a party (or its property will become subject), to, any Action, that, if determined adversely, would reasonably be expected to have a Sponsor Material Adverse Effect.
Appears in 11 contracts
Samples: Selling and Distribution Agreement (RealtyMogul Apartment Growth REIT, Inc.), Selling and Distribution Agreement (RealtyMogul Income REIT, LLC), Selling and Distribution Agreement (MogulREIT II, Inc.)