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 Company and the Managing Dealer, upon the expiration or termination of this Agreement, shall each (i) promptly deposit any and all funds in its possession which were received from investors for the sale of Shares into the appropriate account specified in Section 3.7 or 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 other compensation to which the Managing Dealer is or becomes entitled at such time or times as such commissions or other compensation become payable pursuant to this Section 4.
Appears in 1 contract
Samples: 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 Company and the Managing Dealer, upon the expiration or termination of this Agreement, shall each (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 Section Paragraph 3.7 or 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 other compensation to which the Managing Dealer is or becomes entitled under Section 4 at such time or times as such commissions or other compensation become payable pursuant to this Section 4Paragraph 4.3.
Appears in 1 contract
Samples: Managing Dealer Agreement (CNL American Properties Fund 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 Company and the Managing DealerDealer Manager, upon the expiration or termination of this Agreement, shall each (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 Section 3.7 or or, if the minimum number of 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 and other compensation to which the Managing Dealer Manager is or becomes entitled under Section 4 at such time or times as such commissions or other compensation become payable pursuant to this Section 4paragraph 3.3.
Appears in 1 contract
Samples: Dealer Manager Agreement (Commonwealth Income & Growth Fund Iv)
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 Company and the Managing Dealer, upon the expiration or termination of this Agreement, shall each (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 Section 3.7 or 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 other compensation to which the Managing Dealer is or becomes entitled at such time or times as such commissions or other compensation become payable pursuant to this Section 4.
Appears in 1 contract
Samples: Managing Dealer Agreement (Cb Richard Ellis Realty Trust)