Common use of Payments to Financial Intermediaries Clause in Contracts

Payments to Financial Intermediaries. The Dealer Manager may re-allow any or all of the distribution or service fees and front-end sales charges that it is paid by the Company to such brokers, dealers and other financial institutions and intermediaries as the Dealer Manager may from time to time determine provided that the sum of such reallowed amounts and the selling commissions will not exceed 3.5% of the transaction price. The terms of any reallowance of selling commissions, dealer manager fees and servicing fees shall be set forth in the Selling Agent Agreements entered into with the Intermediaries. The Company will not be liable or responsible to any Intermediary for direct payment of commissions, or any reallowance of dealer manager fees or servicing fees to such Intermediary, it being the sole and exclusive responsibility of the Dealer Manager for payment of commissions or any re-allowance of dealer manager fees or servicing fees to Intermediaries. Notwithstanding the foregoing, at the discretion of the Company, the Company may act as agent of the Dealer Manager by making direct payment of commissions, dealer manager fees or servicing fees to Intermediaries on behalf of the Dealer Manager without incurring any liability.