Common use of Obligations Surviving Expiration or Termination Clause in Contracts

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 deposit any and all funds in its possession which were received from investors for the sale of Shares into the appropriate escrow account specified in Paragraph 3.7 or, if the minimum number of Shares have been sold and accepted by the Company, 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 to which the Managing Dealer is or becomes entitled under Section 4 at such time or times as such commissions become payable pursuant to Paragraph 4.

Appears in 9 contracts

Samples: Managing Dealer Agreement (CNL Health Care Properties Inc), Managing Dealer Agreement (CNL Retirement Properties Inc), Managing Dealer Agreement (CNL Health Care Properties Inc)

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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 deposit any and all funds in its possession which were received from investors for the sale of Shares into the appropriate escrow account specified in Paragraph 3.7 or, if the minimum number of Shares have been sold and accepted by the Company, 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 to which the Managing Dealer is or becomes entitled under Section 4 at such time or times as such commissions become payable pursuant to Paragraph 4.

Appears in 8 contracts

Samples: Managing Dealer Agreement (CNL Hospitality Properties Inc), Managing Dealer Agreement (CNL Hospitality Properties Inc), Managing Dealer Agreement (CNL Hospitality Properties Inc)

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 deposit any and all funds in its possession which were received from investors for the sale of Shares Units into the appropriate escrow account specified in Paragraph 3.7 or, if the minimum number of Shares Units have been sold and accepted by the Company, into such other account accounts 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 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 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 to which the Managing Dealer Manager is or becomes entitled under Section 4 at such time or times as such commissions become payable pursuant to Paragraph 4paragraph 4.3.

Appears in 7 contracts

Samples: Dealer Manager Agreement (Commonwealth Income & Growth Fund 8, LP), Dealer Manager Agreement (Commonwealth Income & Growth Fund VII, LP), Dealer Manager Agreement (Commonwealth Income & Growth Fund VII, LP)

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 deposit any and all funds in its possession which that were received from investors for the sale of Shares into the appropriate escrow account specified in Paragraph 3.7 3.6 or, if the minimum number of Shares have been sold and accepted by the Company, 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 reasonable 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 Selling Commissions to which the Managing Dealer is or becomes entitled under Section 4 at such time or times as such commissions Selling Commissions become payable pursuant to Paragraph 44.3.

Appears in 1 contract

Samples: Managing Dealer Agreement (Sandalwood Lodging Investment Corp)

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 deposit any and all funds in its possession which were received from investors for the sale of Shares into the appropriate escrow account specified in Paragraph 3.7 or, if the minimum number of Shares have been sold and accepted by the Company, 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 to which the Managing Dealer is or becomes entitled under Section 4 at such time or times as such commissions become payable pursuant to Paragraph 44.3.

Appears in 1 contract

Samples: Managing Dealer Agreement (CNL American Realty Fund Inc)

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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 deposit any and all funds in its possession which were received from investors for the sale of Shares into the appropriate escrow account specified in Paragraph 3.7 Section 3.6 or, if the minimum number of Shares have been sold and accepted by the Company, 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 to which the Managing Dealer is or becomes entitled under Section Article 4 at such time or times as such commissions become payable pursuant to Paragraph 4Sections 4.3 and 4.4.

Appears in 1 contract

Samples: 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 deposit any and all funds in its possession which were received from investors for the sale of Shares into the appropriate escrow account specified in Paragraph 3.7 or, if the minimum number of Shares have been sold and accepted by the Company, 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 to which the Managing Dealer is or becomes entitled under Section 4 at such time or times as such commissions become payable pursuant to Paragraph 44.3.

Appears in 1 contract

Samples: Managing Dealer Agreement (CNL Hospitality Properties Inc)

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