Obligations Surviving Expiration or Termination. (a) In addition to any other obligations of the Managing Dealer that survive the expiration or termination of this Agreement, the Managing Dealer, upon the expiration or termination of this Agreement, shall: (i) promptly forward to the Company any and all funds in its possession which were received from investors for the sale of Shares; and (ii) promptly deliver to the Company all records and documents in its possession which relate to the Offering and are not designated as dealer copies. The Managing Dealer, at its sole expense, may make and retain copies of all such records and documents, but shall keep all such information confidential. The Managing Dealer shall use its best efforts to cooperate with the Company to accomplish an orderly transfer of management of the Offering to a party designated by the Company. (b) In addition to any other obligations of the Company that survive the expiration or termination of this Agreement, the Company, upon expiration or termination of this Agreement, shall pay to the Managing Dealer all commissions and marketing support fees to which the Managing Dealer is or becomes entitled under Article 3 at such time or times as such commissions and marketing support fees become payable pursuant to Sections 3.4 and 3.5 herein.
Appears in 16 contracts
Samples: Managing Dealer Agreement (CNL Healthcare Properties, Inc.), Managing Dealer Agreement (CNL Healthcare Properties, Inc.), Managing Dealer Agreement (CNL Growth Properties, Inc.)
Obligations Surviving Expiration or Termination. (a) In addition to any other obligations of the Managing Dealer that survive the expiration or termination of this Agreement, the Managing Dealer, upon the expiration or termination of this Agreement, shall: shall (i) promptly forward to the Company deposit any and all funds in its possession which were received from investors for the sale of Shares; Shares into the appropriate escrow account specified in Paragraph 3.7, and (ii) promptly deliver to the Company all records and documents in its possession which relate to the Offering and are not designated as dealer copies. The Managing Dealer, at its sole expense, may make and retain copies of all such records and documents, but shall keep all such information confidential. The Managing Dealer shall use its best efforts to cooperate with the Company to accomplish an orderly transfer of management of the Offering to a party designated by the Company.
(b) In addition to any other obligations of the Company that survive the expiration or termination of this Agreement, the Company, upon expiration or termination of this Agreement, shall pay to the Managing Dealer all commissions and marketing support fees to which the Managing Dealer is or becomes entitled under Article 3 Section 4 at such time or times as such commissions and marketing support fees become payable pursuant to Sections 3.4 and 3.5 hereinParagraph 4.
Appears in 7 contracts
Samples: Managing Dealer Agreement (CNL Retirement Properties Inc), Managing Dealer Agreement (CNL Income Properties Inc), Managing Dealer Agreement (CNL Income Properties Inc)
Obligations Surviving Expiration or Termination. (a) In addition to any other obligations of the Managing Dealer that survive the expiration or termination of this Agreement, the Managing Dealer, upon the expiration or termination of this Agreement, shall: (i) promptly forward to the Company any and all funds in its possession which were received from investors for the sale of Shares; and (ii) promptly deliver to the Company all records and documents in its possession which relate to the Offering and are not designated as dealer copies. The Managing Dealer, at its sole expense, may make and retain copies of all such records and documents, but shall keep all such information confidential. The Managing Dealer shall use its best efforts to cooperate with the Company to accomplish an orderly transfer of management of the Offering Offering, if any, to a party designated by the Company.
(b) In addition to any other obligations of the Company that survive the expiration or termination of this Agreement, the Company, upon expiration or termination of this Agreement, shall pay to the Managing Dealer all upfront sales commissions and marketing support dealer manager fees to which the Managing Dealer is or becomes entitled under Article 3 4 at such time or times as such commissions and marketing support fees become payable pursuant to Sections 3.4 and 3.5 Article 4 herein.
Appears in 6 contracts
Samples: Managing Dealer Agreement (CNL Strategic Capital, LLC), Managing Dealer Agreement (CNL Strategic Capital, LLC), Managing Dealer Agreement (CNL Strategic Capital, LLC)
Obligations Surviving Expiration or Termination. (a) In addition to any other obligations of the Managing Dealer Manager that survive the expiration or termination of this Agreement, the Managing DealerDealer Manager, upon the expiration or termination of this Agreement, shall: (i) promptly forward to the Company any and all funds in its possession which were received from investors for the sale of Shares; and (ii) promptly deliver to the Company all records and documents in its possession which relate to the Offering and are not designated as dealer copies. The Managing DealerDealer Manager, at its sole expense, may make and retain copies of all such records and documents, but shall keep all such information confidential. The Managing Dealer Manager shall use its best efforts to cooperate with the Company to accomplish an orderly transfer of management of the Offering Offering, if any, to a party designated by the Company.
(b) In addition to any other obligations of the Company that survive the expiration or termination of this Agreement, the Company, upon expiration or termination of this Agreement, shall pay to the Managing Dealer Manager all commissions commissions, dealer manager fees and marketing support distribution and stockholder servicing fees to which the Managing Dealer Manager is or becomes entitled under Article 3 4 at such time or times as such commissions commissions, dealer manager fees and marketing support distribution and stockholder servicing fees become payable pursuant to Sections 3.4 and 3.5 Article 4 herein.
Appears in 5 contracts
Samples: Dealer Manager Agreement (CNL Healthcare Properties II, Inc.), Dealer Manager Agreement (CNL Healthcare Properties II, Inc.), Dealer Manager Agreement (CNL Healthcare Properties II, Inc.)
Obligations Surviving Expiration or Termination. (a) In addition to any other obligations of the Managing Dealer that survive the expiration or termination of this Agreement, the Managing Dealer, upon the expiration or termination of this Agreement, shall: shall (i) promptly forward to the Company deposit any and all funds in its possession which were received from investors for the sale of Shares; Shares into the appropriate escrow account specified in Paragraph 3.7, and (ii) promptly deliver to the Company all records and documents in its possession which relate to the Offering and are not designated as dealer copies. The Managing Dealer, at its sole expense, may make and retain copies of all such records and documents, but shall keep all such information confidential. The Managing Dealer shall use its best efforts to cooperate with the Company to accomplish an orderly transfer of management of the Offering to a party designated by the Company.
(b) In addition to any other obligations of the Company that survive the expiration or termination of this Agreement, the Company, upon expiration or termination of this Agreement, shall pay to the Managing Dealer all commissions and marketing support fees to which the Managing Dealer is or becomes entitled under Article 3 Section 4 at such time or times as such commissions and marketing support fees become payable pursuant to Sections 3.4 and 3.5 hereinParagraph 4.3.
Appears in 5 contracts
Samples: Managing Dealer Agreement (CNL Hospitality Properties II, Inc.), Dealer Manager Agreement (Desert Capital Reit Inc), Dealer Manager Agreement (Desert Capital Reit Inc)
Obligations Surviving Expiration or Termination. (a) In addition to any other obligations of the Managing Dealer that survive the expiration or termination of this Agreement, the Managing DealerDealer and the Participating Brokers, upon the expiration or termination of this Agreement, shall: shall (i) promptly forward to the Company any and all funds in its possession which were received from investors for the sale of Shares; and (ii) promptly deliver to the Company all records and documents in its possession which relate to the Offering and are not designated as dealer copies. The Managing DealerDealer and Participating Brokers, at its their sole expense, may make and retain copies of all such records and documents, but shall keep all such information confidential. The Managing Dealer shall use its best efforts to cooperate with the Company to accomplish an orderly transfer of management of the Offering to a party designated by the Company.
(b) In addition to any other obligations of the Company that survive the expiration or termination of this Agreement, the Company, upon expiration or termination of this Agreement, shall pay to the Managing Dealer all commissions and marketing support fees to which the Managing Dealer is or becomes entitled under Article 3 at such time or times as such commissions and marketing support fees become payable pursuant to Sections 3.4 3.3 and 3.5 herein3.5.
Appears in 3 contracts
Samples: Managing Dealer Agreement (Cb Richard Ellis Realty Trust), Managing Dealer Agreement (Cb Richard Ellis Realty Trust), Managing Dealer Agreement (Cb Richard Ellis Realty Trust)
Obligations Surviving Expiration or Termination. (a) In addition to any other obligations of the Managing Dealer that survive the expiration or termination of this Agreement, the Managing Dealer, upon the expiration or termination of this Agreement, shallshall within seven (7) days: (i) promptly forward to the Company any and all funds in its possession which were received from investors for the sale of Shares; and (ii) promptly deliver to the Company all records and documents in its possession which relate to the Offering and are not designated as dealer copies. The Managing Dealer, at its sole expense, may make and retain copies of all such records and documents, but shall keep all such information confidential. The Managing Dealer shall use its best efforts to cooperate with the Company to accomplish an orderly transfer of management of the Offering Offering, if any, to a party designated by the Company.
(b) In addition to any other obligations of the Company that survive the expiration or termination of this Agreement, the Company, upon expiration or termination of this Agreement, shall pay to the Managing Dealer all commissions commissions, dealer manager fees and marketing support distribution and shareholder servicing fees to which the Managing Dealer is or becomes entitled under Article 3 4 at such time or times as such commissions commissions, dealer manager fees and marketing support distribution and shareholder servicing fees become payable pursuant to Sections 3.4 and 3.5 Article 4 herein.
Appears in 2 contracts
Samples: Managing Dealer Agreement (Corporate Capital Trust II), Managing Dealer Agreement (Corporate Capital Trust II)
Obligations Surviving Expiration or Termination. (a) In addition to any other obligations of the Managing Dealer that survive the expiration or termination of this Agreement, the Managing Dealer, upon the expiration or termination of this Agreement, shall: shall (i) promptly forward to the Company deliver any and all funds in its possession which were received from investors for the sale of Shares; Shares to the Company, and (ii) promptly deliver to the Company all records and documents in its possession which relate to the Offering and are not designated as dealer copies. The Managing Dealer, at its sole expense, may make and retain copies of all such records and documents, but shall keep all such information confidential. The Managing Dealer shall use its best efforts to cooperate with the Company to accomplish an orderly transfer of management of the Offering to a party designated by the Company.
(b) In addition to any other obligations of the Company that survive the expiration or termination of this Agreement, the Company, upon expiration or termination of this Agreement, shall pay to the Managing Dealer all commissions and marketing support fees to which the Managing Dealer is or becomes entitled under Article 3 Section 4 at such time or times as such commissions and marketing support fees become payable pursuant to Sections 3.4 and 3.5 hereinParagraph 4.3.
Appears in 2 contracts
Samples: Dealer Manager Agreement (Desert Capital Reit Inc), Dealer Manager Agreement (Desert Capital Reit Inc)
Obligations Surviving Expiration or Termination. (a) In addition to any other obligations of the Managing Dealer that survive the expiration or termination of this Agreement, the Managing Dealer, upon the expiration or termination of this Agreement, shallshall within seven (7) days: (i) promptly forward to the Company any and all funds in its possession which were received from investors for the sale of Shares; and (ii) promptly deliver to the Company all records and documents in its possession which relate to the Offering and are not designated as dealer copies. The Managing Dealer, at its sole expense, may make and retain copies of all such records and documents, but shall keep all such information confidential. The Managing Dealer shall use its best efforts to cooperate with the Company to accomplish an orderly transfer of management of the Offering Offering, if any, to a party designated by the Company.
(b) In addition to any other obligations of the Company that survive the expiration or termination of this Agreement, the Company, upon expiration or termination of this Agreement, shall pay within seven (7) days to the Managing Dealer all commissions and marketing support fees to which the Managing Dealer is or becomes entitled under Article 3 4 at such time or times as such commissions and marketing support fees become payable pursuant to Sections 3.4 4.4 and 3.5 4.5 herein.
Appears in 2 contracts
Samples: Managing Dealer Agreement (Corporate Capital Trust, Inc.), Managing Dealer Agreement (Corporate Capital Trust, Inc.)
Obligations Surviving Expiration or Termination. (a) In addition to any other obligations of the Managing Dealer that survive the expiration or termination of this Agreement, the Managing DealerDealer and the Participating Brokers, upon the expiration or termination of this Agreement, shall: shall (i) promptly forward to the Company any and all funds in its possession which were received from investors for the sale of Shares; and (ii) promptly deliver to the Company all records and documents in its possession which relate to the Offering and are not designated as dealer copies. The Managing DealerDealer and Participating Brokers, at its their sole expense, may make and retain copies of all such records and documents, but shall keep all such information confidential. The Managing Dealer shall use its best efforts to cooperate with the Company to accomplish an orderly transfer of management of the Offering to a party designated by the Company.
(b) In addition to any other obligations of the Company that survive the expiration or termination of this Agreement, the Company, upon expiration or termination of this Agreement, shall pay to the Managing Dealer all commissions and marketing support fees to which the Managing Dealer is or becomes entitled under Article 3 at such time or times as such commissions and marketing support fees become payable pursuant to Sections 3.4 and 3.5 herein3.5.
Appears in 2 contracts
Samples: Managing Dealer Agreement (CNL Lifestyle Properties Inc), Managing Dealer Agreement (CNL Income Properties Inc)
Obligations Surviving Expiration or Termination. (a) In addition to any other obligations of the Managing Dealer that survive the expiration or termination of this Agreement, the Managing Dealer, upon the expiration or termination of this Agreement, shallshall within seven (7) days: (i) promptly forward to the Company any and all funds in its possession which were received from investors for the sale of Shares; and (ii) promptly deliver to the Company all records and documents in its possession which relate to the Offering and are not designated as dealer copies. The Managing Dealer, at its sole expense, may make and retain copies of all such records and documents, but shall keep all such information confidential. The Managing Dealer shall use its best efforts to cooperate with the Company to accomplish an orderly transfer of management of the Offering Offering, if any, to a party designated by the Company.
(b) In addition to any other obligations of the Company that survive the expiration or termination of this Agreement, the Company, upon expiration or termination of this Agreement, shall continue to pay to the Managing Dealer all commissions commissions, dealer manager fees and marketing support distribution and shareholder servicing fees to which the Managing Dealer is or becomes entitled under Article 3 4 at such time or times as such commissions commissions, dealer manager fees and marketing support distribution and shareholder servicing fees become payable pursuant to Sections 3.4 and 3.5 Article 4 herein.
Appears in 1 contract
Samples: Managing Dealer Agreement (Corporate Capital Trust II)
Obligations Surviving Expiration or Termination. (a) In addition to any other obligations of the Managing Dealer that survive the expiration or termination of this Agreement, the Managing Dealer, upon the expiration or termination of this Agreement, shall: shall (i) promptly forward to the Company deposit any and all funds in its possession which were received from investors for the sale of SharesShares into the appropriate escrow account specified in Paragraph 3.7; and (ii) promptly deliver to the Company all records and documents in its possession which relate to the Offering and are not designated as dealer copies. The Managing Dealer, at its sole expense, may make and retain copies of all such records and documents, but shall keep all such information confidential. The Managing Dealer shall use its best efforts to cooperate with the Company to accomplish an orderly transfer of management of the Offering to a party designated by the Company.
(b) In addition to any other obligations of the Company that survive the expiration or termination of this Agreement, the Company, upon expiration or termination of this Agreement, shall pay to the Managing Dealer all commissions and marketing support fees to which the Managing Dealer is or becomes entitled under Article 3 Section 4 at such time or times as such commissions and marketing support fees become payable pursuant to Sections 3.4 and 3.5 hereinParagraph 4.
Appears in 1 contract
Samples: Managing Dealer Agreement (CNL Hospitality Properties Inc)
Obligations Surviving Expiration or Termination. (a) In addition to any other obligations of the Managing Dealer that survive the expiration or termination of this Agreement, the Managing Dealer, upon the expiration or termination of this Agreement, shallshall within seven (7) days: (i) promptly forward to the Company any and all funds in its possession which were received from investors for the sale of Shares; and (ii) promptly deliver to the Company all records and documents in its possession which relate to the Offering and are not designated as dealer copies. The Managing Dealer, at its sole expense, may make and retain copies of all such records and documents, but shall keep all such information confidential. The Managing Dealer shall use its best efforts to cooperate with the Company to accomplish an orderly transfer of management of the Offering Offering, if any, to a party designated by the Company.
(b) In addition to any other obligations of the Company that survive the expiration or termination of this Agreement, the Company, upon expiration or termination of this Agreement, shall pay within seven (7) days to the Managing Dealer all commissions and marketing support dealer manager fees to which the Managing Dealer is or becomes entitled under Article 3 4 at such time or times as such commissions and marketing support dealer manager fees become payable pursuant to Sections 3.4 4.4 and 3.5 4.5 herein.
Appears in 1 contract
Samples: Managing Dealer Agreement (Corporate Capital Trust II)
Obligations Surviving Expiration or Termination. (a) In addition to any other obligations of the Managing Dealer that survive the expiration or termination of this Agreement, the Managing Dealer, upon the expiration or termination of this Agreement, shall: shall (i) promptly forward to the Company deposit any and all funds in its possession which were received from investors for the sale of Shares; Shares into the appropriate escrow account specified in Paragraph 3.7 into such other account as the Company may designate, and (ii) promptly deliver to the Company all records and documents in its possession which relate to the Offering and are not designated as dealer copies. The Managing Dealer, at its sole expense, may make and retain copies of all such records and documents, but shall keep all such information confidential. The Managing Dealer shall use its best efforts to cooperate with the Company to accomplish an orderly transfer of management of the Offering to a party designated by the Company.
(b) In addition to any other obligations of the Company that survive the expiration or termination of this Agreement, the Company, upon expiration or termination of this Agreement, shall pay to the Managing Dealer all commissions and marketing support fees to which the Managing Dealer is or becomes entitled under Article 3 Section 4 at such time or times as such commissions and marketing support fees become payable pursuant to Sections 3.4 and 3.5 hereinParagraph 4.
Appears in 1 contract
Samples: Managing Dealer Agreement (CNL American Properties Fund Inc)