Common use of Prospectus and Supplemental Information Clause in Contracts

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and the Supplemental Information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, as well as any Supplemental Information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by the Securities Act, the Exchange Act, and the Rules and Regulations. The Dealer agrees that it will not send or give any Supplemental Information to an investor unless it has previously sent or given a Prospectus to that investor or has simultaneously sent or given a Prospectus with such Supplemental Information. Dealer agrees that it will not show or give to any investor or prospective Investor or reproduce any material or writing that is supplied to it by the Dealer Manager and marked “dealer only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that states that such material may not be used in connection with the offer or sale of any securities of the Company. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934. Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act or the Exchange Act Rules and Regulations thereunder.

Appears in 17 contracts

Samples: Dealer Manager Agreement (Griffin-American Healthcare REIT III, Inc.), Dealer Manager Agreement (Griffin-American Healthcare REIT III, Inc.), Dealer Manager Agreement (Griffin-American Healthcare REIT III, Inc.)

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Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplements thereto and any amended Prospectus to an that investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all supplements thereto and any amended Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked "dealer only" or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that which relates to another company Company supplied to it by the Company or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the CompanyCompany to which it relates. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that which have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934, as amended (the "Exchange Act"). Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act. On becoming a Dealer, and in offering and selling Shares, Dealer agrees to comply with all the applicable requirements under the Securities Act and the Exchange Act. Notwithstanding the termination of this Agreement or the Exchange Act Rules payment of any amount to Dealer, Dealer agrees to pay Dealer's proportionate share of any claim, demand or liability asserted against Dealer and Regulations thereunderthe other Dealers on the basis that Dealers or any of them constitute an association, unincorporated business or other separate entity, including in each case Dealer's proportionate share of any expenses incurred in defending against any such claim, demand or liability.

Appears in 15 contracts

Samples: Selected Investment Advisor Agreement (Behringer Harvard Reit I Inc), Dealer Agreement (Hartman Commercial Properties Reit), Dealer Agreement (Hartman Commercial Properties Reit)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and any supplemental information provided by the Supplemental InformationCompany or Dealer Manager. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any amendments or supplements thereto, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements and amendments thereto to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplemental information to an investor unless it has previously sent or given a Prospectus to that investor or has simultaneously sent or given a Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked “broker-dealer only,” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the publicany prospective investor. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that which relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the Companycompany to which it relates. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that which have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”). Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act or the rules and regulations thereunder. On becoming a Dealer, and in offering and selling Shares, Dealer agrees to comply with all the applicable requirements under the Securities Act and the Exchange Act Rules and Regulations thereunderAct.

Appears in 11 contracts

Samples: Dealer Manager Agreement (Cole Office & Industrial REIT (CCIT II), Inc.), Dealer Manager Agreement (Cole Credit Property Trust Iv, Inc.), Dealer Manager Agreement (Cole Credit Property Trust Iv, Inc.)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and any supplemental information provided by the Supplemental InformationCompany or Dealer Manager. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any amendments or supplements thereto, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements and amendments thereto to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplemental information to an investor unless it has previously sent or given a Prospectus to that investor or has simultaneously sent or given a Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked “broker-dealer only,” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the publicany prospective investor. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that which relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the Companycompany to which it relates. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that which have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934Act. Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act or the rules and regulations thereunder. On becoming a Dealer, and in offering and selling Shares, Dealer agrees to comply with all the applicable requirements under the Securities Act and the Exchange Act Rules and Regulations thereunderAct.

Appears in 9 contracts

Samples: Dealer Manager Agreement (Cole Credit Property Trust V, Inc.), Dealer Manager Agreement (Cole Credit Property Trust V, Inc.), Dealer Manager Agreement (Cole Office & Industrial REIT (CCIT II), Inc.)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares Units except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsUnits to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplements thereto and any amended Prospectus to an that investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all supplements thereto and any amended Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked "dealer only" or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares Units to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares Units any material or writing that which relates to another company partnership supplied to it by the Company Partnership or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the Companypartnership to which it relates. Dealer further agrees that it will not use in connection with the offer or sale of Shares Units any materials or writings that which have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934, as amended (the "Exchange Act"). Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares Units for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act. On becoming a Dealer, and in offering and selling Units, Dealer agrees to comply with all the applicable requirements under the Securities Act and the Exchange Act. Notwithstanding the termination of this Agreement or the Exchange Act Rules payment of any amount to Dealer, Dealer agrees to pay Dealer's proportionate share of any claim, demand or liability asserted against Dealer and Regulations thereunderthe other Dealers on the basis that Dealers or any of them constitute an association, unincorporated business or other separate entity, including in each case Dealer's proportionate share of any expenses incurred in defending against any such claim, demand or liability.

Appears in 6 contracts

Samples: Dealer Manager Distribution Agreement (Behringer Harvard Short Term Opportunity Fund I Lp), Dealer Manager Distribution Agreement (Behringer Harvard Mid Term Value Enhancement Fund I Lp), Dealer Manager Distribution Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, give any information or make any representation concerning the Shares except as set forth in the Prospectus and any additional sales literature which has been approved in advance in writing by the Dealer Manager (“Supplemental Information”). The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any supplement to the Prospectus or any Supplemental Information to an investor unless it has previously sent or given a Prospectus and all previous supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all previous supplements thereto and any amended Prospectus with such supplement to the Prospectus or Supplemental Informationinformation. The Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked “dealer only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that which relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the Companycompany to which it relates. The Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that which have not been previously approved by the Dealer ManagerManager in writing. Each The Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”). Regardless of the termination of this Agreement, the Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act Act. On becoming a Dealer, and in offering and selling Shares, the Dealer agrees to comply with all the applicable requirements under the Securities Act, and the Exchange Act. Notwithstanding the termination of this Agreement or the Exchange Act Rules payment of any amount to the Dealer, the Dealer agrees to pay the Dealer’s proportionate share of any claim, demand or liability asserted against the Dealer and Regulations thereunderthe other Dealers on the basis that such Dealers or any of them constitute an association, unincorporated business or other separate entity, including in each case such Dealer’s proportionate share of any expenses incurred in defending against any such claim, demand or liability.

Appears in 6 contracts

Samples: Industrial Income Trust (Industrial Income Trust Inc.), Selected Dealer Agreement (Industrial Income Trust Inc.), Industrial Income Trust Inc.

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, and will not give, any information or make any representation (written or oral) concerning the Shares Shares, except as set forth in the Prospectus and the Supplemental Informationany Authorized Sales Materials. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental InformationAuthorized Sales Materials, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any Supplemental Information or Authorized Sales Materials to an investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all supplements thereto with such Supplemental InformationInformation or Authorized Sales Materials, as the case may be. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked "broker-dealer use only" or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of the Shares or any securities of the Companyother securities. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that which have not been previously authorized or approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, agrees to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934Act. Regardless of the termination of this Selected Dealer Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act. On becoming a Dealer, and in offering and selling Shares, Dealer agrees to comply with all the applicable requirements under the Securities Act or and the Exchange Act Rules and Regulations thereunderAct.

Appears in 6 contracts

Samples: Hines Real Estate Investment Trust Inc, Hines Real Estate Investment Trust Inc, Hines Real Estate Investment Trust Inc

Prospectus and Supplemental Information. The Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and any supplemental information provided by the Supplemental InformationCompany or Dealer Manager. The Dealer Manager will supply the Dealer with reasonable quantities of the Prospectus, any amendments or supplements thereto, as well as any Supplemental Informationsupplemental information, for delivery to investors, and the Dealer will deliver a copy of the Prospectus as required by and all supplements and amendments thereto to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplemental information to an investor unless it has previously sent or given a Prospectus to that investor or has simultaneously sent or given a Prospectus with such Supplemental Informationsupplemental information. The Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked “broker-dealer only,” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the publicany prospective investor. The Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that which relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the Companycompany to which it relates. The Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that which have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934Act. Regardless of the termination of this Agreement, the Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act or the rules and regulations thereunder. On becoming a Dealer, and in offering and selling Shares, the Dealer agrees to comply with all the applicable requirements under the Securities Act and the Exchange Act Rules and Regulations thereunderAct.

Appears in 5 contracts

Samples: Dealer Manager Agreement (Cole Credit Property Trust V, Inc.), Dealer Manager Agreement (Cole Office & Industrial REIT (CCIT II), Inc.), Dealer Manager Agreement (Cole Credit Property Trust V, Inc.)

Prospectus and Supplemental Information. The Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares Units except as set forth in the Prospectus and the Supplemental Information. The Dealer Manager Partnership will supply the Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Information, for delivery to investors, and the Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsUnits to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplements thereto and any amended Prospectus to an that investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all supplements thereto and any amended Prospectus with such Supplemental Information. The Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that is supplied to it by the Dealer Manager Partnership and marked "dealer only" or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares Units to members of the public. The Dealer agrees that it will not use in connection with the offer or sale of Shares Units any material or writing that relates to another company program supplied to it by the Company or the Dealer Manager Partnership bearing a legend that states that such material may not be used in connection with the offer or sale of any securities of other than the Companyprogram to which it relates. Dealer further agrees that it will not use in connection with the offer or sale of Shares Units any materials or writings that have not been previously approved by the Dealer ManagerPartnership. Each The Dealer agrees, if the Dealer Manager Partnership so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934, as amended (the "Exchange Act"). Regardless of In offering and selling Units, the termination of this Agreement, Dealer will deliver a Prospectus in transactions in agrees to comply with all the Shares for a period of 90 days from applicable requirements under the effective date of the Registration Statement or such longer period as may be required by Securities Act and the Exchange Act or the Exchange Act Rules and Regulations thereunderAct.

Appears in 5 contracts

Samples: United Development Funding III, LP, United Development Funding III, LP, United Development Funding III, LP

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any amendments or supplements thereto, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplemental information to an investor unless it has previously sent or given a Prospectus to that investor or has simultaneously sent or given a Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked “dealer only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to any prospective investor or members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that which relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the Companycompany to which it relates. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that which have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”). Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act or the rules and regulations thereunder. On becoming a Dealer, and in offering and selling Shares, Dealer agrees to comply with all the applicable requirements under the Securities Act and the Exchange Act Rules Act. Notwithstanding the termination of this Agreement or the payment of any amount to Dealer, Dealer agrees to pay Dealer’s proportionate share of any claim, demand or liability asserted against Dealer and Regulations thereunderthe other Dealers on the basis that Dealers or any of them constitute an association, unincorporated business or other separate entity, including in each case Dealer’s proportionate share of any expenses incurred in defending against any such claim, demand or liability.

Appears in 5 contracts

Samples: Dealer Manager Agreement (Cole Credit Property Trust III, Inc.), Selected Dealer Agreement (Cole Credit Property Trust III, Inc.), Selected Dealer Agreement (Cole Retail Income Trust, Inc.)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any amendments or supplements thereto, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplemental information to an investor unless it has previously sent or given a Prospectus to that investor or has simultaneously sent or given a Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked "dealer only" or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to any prospective investor or members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that which relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the Companycompany to which it relates. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that which have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934, as amended (the "Exchange Act"). Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act or the rules and regulations thereunder. On becoming a Dealer, and in offering and selling Shares, Dealer agrees to comply with all the applicable requirements under the Securities Act and the Exchange Act Rules Act. Notwithstanding the termination of this Agreement or the payment of any amount to Dealer, Dealer agrees to pay Dealer's proportionate share of any claim, demand or liability asserted against Dealer and Regulations thereunderthe other Dealers on the basis that Dealers or any of them constitute an association, unincorporated business or other separate entity, including in each case Dealer's proportionate share of any expenses incurred in defending against any such claim, demand or liability.

Appears in 4 contracts

Samples: Selected Investment Advisor Agreement (Cole Credit Property Trust II Inc), Selected Investment Advisor Agreement (Cole Credit Property Trust II Inc), Selected Investment Advisor Agreement (Cole Credit Property Trust II Inc)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplements thereto and any amended Prospectus to an that investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all supplements thereto and any amended Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked “dealer only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that which relates to another company Company supplied to it by the Company or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the CompanyCompany to which it relates. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that which have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”). Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act. On becoming a Dealer, and in offering and selling Shares, Dealer agrees to comply with all the applicable requirements under the Securities Act and the Exchange Act. Notwithstanding the termination of this Agreement or the Exchange Act Rules payment of any amount to Dealer, Dealer agrees to pay Dealer’s proportionate share of any claim, demand or liability asserted against Dealer and Regulations thereunderthe other Dealers on the basis that Dealers or any of them constitute an association, unincorporated business or other separate entity, including in each case Dealer’s proportionate share of any expenses incurred in defending against any such claim, demand or liability.

Appears in 4 contracts

Samples: Selected Dealer Agreement (Lanier Capital REIT, Inc.), Dealer Manager Agreement (Behringer Harvard Reit I Inc), Selected Investment Advisor Agreement (Hartman Commercial Properties Reit)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplemental information to an that investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all supplements thereto and any amended Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked “broker-dealer use only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that which relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the Companycompany to which it relates. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that which have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”). Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act. On becoming a Dealer, and in offering and selling Shares, Dealer agrees to comply with all the applicable requirements under the Securities Act and the Exchange Act. Notwithstanding the termination of this Agreement or the Exchange Act Rules payment of any amount to Dealer, Dealer agrees to pay Dealer’s proportionate share of any claim, demand or liability asserted against Dealer and Regulations thereunderthe other Dealers on the basis that Dealers or any of them constitute an association, unincorporated business or other separate entity, including in each case Dealer’s proportionate share of any expenses incurred in defending against any such claim, demand or liability.

Appears in 4 contracts

Samples: Selected Investment Advisor Agreement (Behringer Harvard Multifamily Reit I Inc), Selected Investment Advisor Agreement (Behringer Harvard Multifamily Reit I Inc), Dealer Manager Agreement (Behringer Harvard Opportunity REIT II, Inc.)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, and will not give, any information or make any representation (written or oral) concerning the Shares Shares, except as set forth in the Prospectus and any Authorized Sales Materials. The Dealer Manager shall promptly notify Dealers of any supplement or amendment to the Supplemental InformationProspectus or Authorized Sales Materials. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental InformationAuthorized Sales Materials, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any Supplemental Information Authorized Sales Materials to an investor unless it has previously sent or given a Prospectus to that investor or has simultaneously sent or given a Prospectus with such Supplemental InformationAuthorized Sales Materials. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked “broker-dealer use only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of the Shares or any securities of the Companyother securities. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that which have not been previously authorized or approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, agrees to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934Act. Regardless of the termination of this Selected Dealer Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act. On becoming a Dealer, and in offering and selling Shares, Dealer agrees to comply with all the applicable requirements under the Securities Act or and the Exchange Act Rules and Regulations thereunderAct.

Appears in 4 contracts

Samples: Hines Global REIT, Inc., Hines Global REIT, Inc., Hines Global REIT, Inc.

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and the Supplemental Information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, as well as any Supplemental Information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by the Securities Act, the Exchange Act, and the Rules and Regulations. The Dealer agrees that it will not send or give any Supplemental Information to an investor unless it has previously sent or given a Prospectus to that investor or has simultaneously sent or given a Prospectus with such Supplemental Information. Dealer agrees that it will not show or give to any investor or prospective Investor or reproduce any material or writing that is supplied to it by the Dealer Manager and marked "dealer only" or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that states that such material may not be used in connection with the offer or sale of any securities of the Company. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934. Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act or the Exchange Act Rules and Regulations thereunder.

Appears in 3 contracts

Samples: NNN Healthcare/Office REIT, Inc., NNN Healthcare/Office REIT, Inc., NNN Healthcare/Office REIT, Inc.

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and the Supplemental Information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, as well as any Supplemental Information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by the Securities Act, the Exchange Act, and the Rules and Regulations. The Dealer agrees that it will not send or give any Supplemental Information to an investor unless it has previously sent or given a Prospectus to that investor or has simultaneously sent or given a Prospectus with such Supplemental Information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that is supplied to it by the Dealer Manager and marked “dealer only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that states that such material may not be used in connection with the offer or sale of any securities of the Company. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934, as amended. Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act or the Exchange Act Rules and Regulations thereunder.

Appears in 3 contracts

Samples: Dealer Agreement (Carter Validus Mission Critical REIT II, Inc.), Dealer Agreement (Carter Validus Mission Critical REIT II, Inc.), Dealer Agreement (Carter Validus Mission Critical REIT II, Inc.)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by the Securities Act, the Exchange Act, and the Rules rules and Regulationsregulations promulgated under both. The Dealer agrees that it will not send or give any Supplemental Information supplemental information to an investor unless it has previously sent or given a Prospectus to that investor or has simultaneously sent or given a Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that is supplied to it by the Dealer Manager and marked “dealer only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that states that such material may not be used in connection with the offer or sale of any securities of the Company. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934Act. Regardless of the termination of this Agreement, Dealer will deliver a Prospectus (as amended and supplemented) in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer other period as may be required by the Exchange Act or the rules and regulations thereunder. On becoming a Dealer, and in offering and selling Shares, Dealer agrees to comply with all the applicable requirements under the Securities Act and the Exchange Act Rules and Regulations thereunderAct.

Appears in 3 contracts

Samples: Dealer Manager Agreement (Wells Core Office Income Reit Inc), Dealer Manager Agreement (Wells Core Office Income Reit Inc), Dealer Manager Agreement (Wells Real Estate Investment Trust Iii Inc)

Prospectus and Supplemental Information. The Dealer is not authorized or permitted to give, and will not give, any information or make any representation (written or oral) concerning the Shares Shares, except as set forth in the Prospectus and any Authorized Sales Materials. The Dealer Manager shall promptly notify the Supplemental InformationDealer of any supplement or amendment to the Prospectus or Authorized Sales Materials. The Dealer Manager will supply the Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental InformationAuthorized Sales Materials, for delivery to investors, and the Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any Supplemental Information Authorized Sales Materials to an investor unless it has previously sent or given a Prospectus to that investor or has simultaneously sent or given a Prospectus with such Supplemental InformationAuthorized Sales Materials. The Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked “broker-dealer use only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. The Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of the Shares or any securities of the Companyother securities. The Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that which have not been previously authorized or approved by the Dealer Manager. Each The Dealer agrees, if the Dealer Manager so requests, agrees to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934Act. Regardless of the termination of this Selected Dealer Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act. On becoming a Dealer, and in offering and selling Shares, the Dealer agrees to comply with all the applicable requirements under the Securities Act or and the Exchange Act Rules and Regulations thereunderAct.

Appears in 3 contracts

Samples: Selected Dealer Agreement (Hines Global Income Trust, Inc.), Selected Dealer Agreement (Hines Global Income Trust, Inc.), Selected Dealer Agreement (Hines Global Income Trust, Inc.)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares Units except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager Underwriter will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsUnits to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplements thereto and any amended Prospectus to an that investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that the investor or has simultaneously sent or given a Prospectus and all supplements thereto and any amended Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor or reproduce any material or writing that which is supplied to it by the Dealer Manager Underwriter and marked "dealer only” only " or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares respect to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that states that such material may not be used in connection with the offer or sale of any securities of the Company. Dealer further agrees that it will not use in connection with the offer or sale of Shares Units any materials or writings that which have not been previously approved by the Dealer ManagerUnderwriter. Each Dealer agrees, if the Dealer Manager Underwriter so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934. Regardless of the termination of this Selected Dealer Agreement, Dealer will deliver a Prospectus in transactions in the Shares Units for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Securities Exchange Act of 1934. On becoming a Dealer, and in offering and selling Units, Dealer agrees to comply with all the applicable requirements under the Securities Act of 1933 and the Securities Exchange Act of 1934, including, without limitation, the provisions of Rule 15c2-4 of the Securities and Exchange Commission. Notwithstanding the termination of this Agreement or the Exchange Act Rules payment of any amount to Dealer, Dealer agrees to pay Dealer's proportionate share of any claim, demand or liability asserted against Dealer and Regulations thereunderthe other Dealers on the basis that Dealers or any of them constitute an association, unincorporated business or other separate entity, including in each case Dealer's proportionate share of any expenses incurred in defending against any such claim, demand or liability.

Appears in 3 contracts

Samples: Global Express Capital Real Estate Investment Fund I LLC, Global Express Capital Real Estate Investment Fund I LLC, Global Express Capital Real Estate Investment Fund I LLC

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplements thereto and any amended Prospectus to an that investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all supplements thereto and any amended Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked "dealer only" or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that which relates to another company Company supplied to it by the Company or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the CompanyCompany to which it relates. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that which have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934. Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Securities Exchange Act of 1934. On becoming a Dealer, and in offering and selling Shares, Dealer agrees to comply with all the applicable requirements under the Securities Act of 1933, and the Securities Exchange Act of 1934. Notwithstanding the termination of this Agreement or the Exchange Act Rules payment of any amount to Dealer, Dealer agrees to pay Dealer's proportionate share of any claim, demand or liability asserted against Dealer and Regulations thereunderthe other Dealers on the basis that Dealers or any of them constitute an association, unincorporated business or other separate entity, including in each case Dealer's proportionate share of any expenses incurred in defending against any such claim, demand or liability.

Appears in 3 contracts

Samples: Selected Dealer Agreement (Dividend Capital Inc), Selected Dealer Agreement (Dividend Capital Trust Inc), Dealer Manager Agreement (Wells Real Estate Investment Trust Inc)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, as well as any Supplemental Information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by the Securities Act, the Exchange Act, and the Rules and Regulations. The Dealer agrees that it will not send or give any Supplemental Information to an investor unless it has previously sent or given a Prospectus to that investor or has simultaneously sent or given a Prospectus with such Supplemental Information. Dealer agrees that it will not show or give to any investor or prospective Investor or reproduce any material or writing that is supplied to it by the Dealer Manager and marked "dealer only" or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that states that such material may not be used in connection with the offer or sale of any securities of the Company. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934. Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act or the Exchange Act Rules and Regulations thereunder. On becoming a Dealer, and in offering and selling Shares, Dealer agrees to comply with all the applicable requirements under the Securities Act and the Exchange Act.

Appears in 3 contracts

Samples: Dealer Manager Agreement (Wells Timber Real Estate Investment Trust, Inc.), Dealer Manager Agreement (Wells Timber Real Estate Investment Trust, Inc.), Dealer Manager Agreement (Wells Timber Real Estate Investment Trust, Inc.)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Common Shares except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any amendments or supplements thereto, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and Regulations. The Dealer agrees that it will not send or give any Supplemental Information Common Shares to an investor unless it has previously sent or given a Prospectus to that investor or has simultaneously sent or given a Prospectus with such Supplemental Informationinvestor. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked “dealer only” "for Financial Professionals Only" or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Common Shares to any prospective investor or members of the public. Dealer agrees that it will not use in connection with the offer or sale of Common Shares any material or writing that which relates to another company supplied to it by the Company Issuer or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the Companycompany to which it relates. Dealer further agrees that it will not use in connection with the offer or sale of Common Shares any materials or writings that which have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish On becoming a copy of any revised Preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary ProspectusDealer, and further in offering and selling Common Shares, Dealer agrees that it will itself mail or otherwise deliver to comply with all preliminary the applicable requirements under the Securities Act and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934, as amended. Regardless of Notwithstanding the termination of this AgreementAgreement or the payment of any amount to Dealer, Dealer will deliver a Prospectus agrees to pay Dealer's proportionate share of any claim, demand or liability asserted against Dealer and the other Dealers on the basis that Dealers or any of them constitute an association, unincorporated business or other separate entity, including in transactions each case Dealer's proportionate share of any expenses incurred in the Shares for a period of 90 days from the effective date of the Registration Statement defending against any such claim, demand or such longer period as may be required by the Exchange Act or the Exchange Act Rules and Regulations thereunderliability.

Appears in 3 contracts

Samples: Selected Dealer Agreement (Medical Hospitality Group, Inc.), Selected Dealer Agreement (Medical Hospitality Group, Inc.), Selected Dealer Agreement (Medical Hospitality Group, Inc.)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Class A Common Shares except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any amendments or supplements thereto, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and Regulations. The Dealer agrees that it will not send or give any Supplemental Information Class A Common Shares to an investor unless it has previously sent or given a Prospectus to that investor or has simultaneously sent or given a Prospectus with such Supplemental Informationinvestor. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked “dealer only” "for Financial Professionals Only" or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Class A Common Shares to any prospective investor or members of the public. Dealer Xxxxxx agrees that it will not use in connection with the offer or sale of Class A Common Shares any material or writing that which relates to another company supplied to it by the Company Issuer or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the Companycompany to which it relates. Dealer further agrees that it will not use in connection with the offer or sale of Class A Common Shares any materials or writings that which have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish On becoming a copy of any revised Preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary ProspectusDealer, and further in offering and selling Class A Common Shares, Dealer agrees that it will itself mail or otherwise deliver to comply with all preliminary the applicable requirements under the Securities Act and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934, as amended. Regardless of Notwithstanding the termination of this AgreementAgreement or the payment of any amount to Dealer, Dealer will deliver a Prospectus agrees to pay Dealer's proportionate share of any claim, demand or liability asserted against Dealer and the other Dealers on the basis that Dealers or any of them constitute an association, unincorporated business or other separate entity, including in transactions each case Dealer's proportionate share of any expenses incurred in the Shares for a period of 90 days from the effective date of the Registration Statement defending against any such claim, demand or such longer period as may be required by the Exchange Act or the Exchange Act Rules and Regulations thereunderliability.

Appears in 3 contracts

Samples: Selected Dealer Agreement (New School Properties, Inc.), Selected Dealer Agreement (New School Properties, Inc.), Selected Dealer Agreement (New School Properties, Inc.)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares Units except as set forth in the Prospectus and supplemental information authorized by the Supplemental InformationManager. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsUnits to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplements thereto and any amended Prospectus to an that investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that the investor or has simultaneously sent or given a Prospectus and all supplements thereto and any amended Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked "dealer only" or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares respect to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that states that such material may not be used in connection with the offer or sale of any securities of the Company. Dealer further agrees that it will not use in connection with the offer or sale of Shares Units any materials or writings that which have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934. Regardless On becoming a Dealer, and in offering and selling Units, Dealer agrees to comply with all the applicable requirements under the Securities Act of 1933 and the Securities Exchange Act of 1934, including, without limitation, the provisions of Rule 15c2-4 of the Securities and Exchange Commission. Notwithstanding the termination of this AgreementAgreement or the payment of any amount to Dealer, Dealer will deliver a Prospectus agrees to pay Dealer' proportionate share of any claim, demand or liability asserted against Dealer and the other Dealers on the basis that Dealers or any of them constitute an association, unincorporated business or other separate entity, including in transactions each case Dealer's proportionate share of any expenses incurred in the Shares for a period of 90 days from the effective date of the Registration Statement defending against any such claim, demand or such longer period as may be required by the Exchange Act or the Exchange Act Rules and Regulations thereunderliability.

Appears in 3 contracts

Samples: Vestin Fund Iii LLC, Re Investments Iii LLC, Re Investments Iii LLC

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and any supplemental information provided by the Supplemental InformationCompany or the Dealer Manager. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any amendments or supplements thereto, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements and amendments thereto to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplemental information to an investor unless it has previously sent or given a Prospectus to that investor or has simultaneously sent or given a Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked “dealer only,” “broker only,” “broker-dealer only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to any prospective investor or members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that which relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the Companycompany to which it relates. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that which have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”). Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act or the rules and regulations thereunder. On becoming a Dealer, and in offering and selling Shares, Dealer agrees to comply with all the applicable requirements under the Securities Act and the Exchange Act Rules Act. Notwithstanding the termination of this Agreement, the obligations hereunder shall be valid and Regulations thereunderbinding upon the Dealer.

Appears in 2 contracts

Samples: Dealer Manager Agreement (Cole Credit Property Trust III, Inc.), Dealer Manager Agreement (Cole Credit Property Trust III, Inc.)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares Notes except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsNotes to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplements thereto and any amended Prospectus to an that investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that the investor or has simultaneously sent or given a Prospectus and all supplements thereto and any amended Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked "dealer only" or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares respect to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that states that such material may not be used in connection with the offer or sale of any securities of the Company. Dealer further agrees that it will not use in connection with the offer or sale of Shares Notes any materials or writings that which have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish On becoming a copy of any revised Preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary ProspectusDealer, and further in offering and selling Notes, Dealer agrees that it will itself mail or otherwise deliver to comply with all preliminary the applicable requirements under the Securities Act of 1933 and final Prospectuses required for compliance with the Securities Exchange Act of 1934, including, without limitation, the provisions of Rule 15c2-8 under 4 of the Securities and Exchange Act of 1934Commission. Regardless of Notwithstanding the termination of this AgreementAgreement or the payment of any amount to Dealer, Dealer will deliver a Prospectus agrees to pay Dealer' proportionate share of any claim, demand or liability asserted against Dealer and the other Dealers on the basis that Dealers or any of them constitute an association, unincorporated business or other separate entity, including in transactions each case Dealer's proportionate share of any expenses incurred in the Shares for a period of 90 days from the effective date of the Registration Statement defending against any such claim, demand or such longer period as may be required by the Exchange Act or the Exchange Act Rules and Regulations thereunderliability.

Appears in 2 contracts

Samples: Vestin Group Inc, Vestin Group Inc

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares Units except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsUnits to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplements thereto and any amended Prospectus to an that investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all supplements thereto and any amended Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked "dealer only" or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares Units to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares Units any material or writing that which relates to another company partnership supplied to it by the Company Partnership or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the Companypartnership to which it relates. Dealer further agrees that it will not use in connection with the offer or sale of Shares Units any materials or writings that which have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934. Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares Units for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Securities Exchange Act of 1934. On becoming a Dealer, and in offering and selling Units, Dealer agrees to comply with all the applicable requirements under the Securities Act of 1933, and the Securities Exchange Act of 1934, including, without limitation, the provisions of Rule 10b-6 and Rule 10b-7 and Rule 15c2-4 of the Securities and Exchange Commission. Notwithstanding the termination of this Agreement or the Exchange Act Rules payment of any amount to Dealer, Dealer agrees to pay Dealer's proportionate share of any claim, demand or liability asserted against Dealer and Regulations thereunderthe other Dealers on the basis that Dealers or any of them constitute an association, unincorporated business or other separate entity, including in each case Dealer's proportionate share of any expenses incurred in defending against any such claim, demand or liability.

Appears in 2 contracts

Samples: Dealer Manager Distribution Agreement (Wells Real Estate Fund Xiii L P), Wells Real Estate Fd Xii L P & Wells Real Estate Fd Xiii Lp

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares Notes except as set forth in the Prospectus and the Supplemental Informationany supplements or amendments thereto. The Dealer Manager Company will supply Dealer with reasonable quantities of the Prospectus, as well as any Supplemental Informationsupplements thereto and any amended Prospectus, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all then current supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsNotes to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplements thereto and any amended Prospectus to an that investor unless it has previously sent or given a currently effective version of the Prospectus to that the investor or has simultaneously sent or given a Prospectus with such Supplemental Informationcurrently effective version of the Prospectus. Dealer agrees that it will not show or give to any investor or prospective Investor or reproduce any material or writing that which is supplied to it by the Dealer Manager Company and marked "dealer only" or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares respect to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that states that such material may not be used in connection with the offer or sale of any securities of the Company. Dealer further agrees that it will not use in connection with the offer or sale of Shares Notes any materials or writings that which have not been previously approved by the Dealer ManagerCompany. Each Dealer agrees, if the Dealer Manager so requests, to furnish On becoming a copy of any revised Preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary ProspectusDealer, and further in offering and selling Notes, Dealer agrees that it will itself mail or otherwise deliver to comply with all preliminary the applicable requirements under the Securities Act of 1933 and final Prospectuses required for compliance with the Securities Exchange Act of 1934, including, without limitation, the provisions of Rule 15c2-8 under 4 of the Securities and Exchange Act of 1934Commission. Regardless of Notwithstanding the termination of this AgreementAgreement or the payment of any amount to Dealer, Dealer will deliver a Prospectus agrees to pay Dealer' proportionate share of any claim, demand or liability asserted against Dealer and the other Dealers on the basis that Dealers or any of them constitute an association, unincorporated business or other separate entity, including in transactions each case Dealer's proportionate share of any expenses incurred in the Shares for a period of 90 days from the effective date of the Registration Statement defending against any such claim, demand or such longer period as may be required by the Exchange Act or the Exchange Act Rules and Regulations thereunderliability.

Appears in 2 contracts

Samples: Vestin Group Inc, Vestin Group Inc

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and any additional sales literature which has been approved in advance in writing by the Dealer Manager ("Supplemental Information"). The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplements thereto and any amended Prospectus to an that investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all supplements thereto and any amended Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked "dealer only" or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that which relates to another company Company supplied to it by the Company or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the CompanyCompany to which it relates. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that which have not been previously approved by the Dealer ManagerManager in writing. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934. Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Securities Exchange Act of 1934. On becoming a Dealer, and in offering and selling Shares, Dealer agrees to comply with all the applicable requirements under the Securities Act of 1933, and the Securities Exchange Act of 1934. Notwithstanding the termination of this Agreement or the Exchange Act Rules payment of any amount to Dealer, Dealer agrees to pay Dealer's proportionate share of any claim, demand or liability asserted against Dealer and Regulations thereunderthe other Dealers on the basis that Dealers or any of them constitute an association, unincorporated business or other separate entity, including in each case Dealer's proportionate share of any expenses incurred in defending against any such claim, demand or liability.

Appears in 2 contracts

Samples: Selected Dealer Agreement (Dividend Capital Trust Inc), Dividend Capital Trust Inc

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by the Securities Act, the Exchange Act, and the Rules rules and Regulationsregulations promulgated under both. The Dealer agrees that it will not send or give any Supplemental Information supplemental information to an investor unless it has previously sent or given a Prospectus to that investor or has simultaneously sent or given a Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that is supplied to it by the Dealer Manager and marked “dealer only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that states that such material may not be used in connection with the offer or sale of any securities of the Company. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934. Regardless , regardless of the termination of this Agreement. On becoming a Dealer, and in offering and selling Shares, Dealer will deliver a Prospectus in transactions in agrees to comply with all the Shares for a period of 90 days from applicable requirements under the effective date of the Registration Statement or such longer period as may be required by Securities Act and the Exchange Act or the Exchange Act Rules and Regulations thereunderAct.

Appears in 2 contracts

Samples: Selected Dealer Agreement (Wells Real Estate Investment Trust Ii Inc), Selected Dealer Agreement (Wells Real Estate Investment Trust Ii Inc)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplements thereto and any amended Prospectus to an that investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all supplements thereto and any amended Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked "dealer only" or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that which relates to another company Company supplied to it by the Company or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the CompanyCompany to which it relates. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that which have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934. Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Securities Exchange Act of 1934. On becoming a Dealer, and in offering and selling Shares, Dealer agrees to comply with all the applicable requirements under the Securities Act of 1933, and the Securities Exchange Act of 1934, including, without limitation, the provisions of Rule 10b-6 and Rule 10b-7 and Rule 15c2-4 of the Securities and Exchange Commission. Notwithstanding the termination of this Agreement or the Exchange Act Rules payment of any amount to Dealer, Dealer agrees to pay Dealer's proportionate share of any claim, demand or liability asserted against Dealer and Regulations thereunderthe other Dealers on the basis that Dealers or any of them constitute an association, unincorporated business or other separate entity, including in each case Dealer's proportionate share of any expenses incurred in defending against any such claim, demand or liability.

Appears in 2 contracts

Samples: Wells Real Estate Investment Trust Inc, Wells Real Estate Investment Trust Inc

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplements thereto and any amended Prospectus to an that investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all supplements thereto and any amended Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked “broker-dealer use only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that which relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the Companycompany to which it relates. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that which have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”). Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act. On becoming a Dealer, and in offering and selling Shares, Dealer agrees to comply with all the applicable requirements under the Securities Act or and the Exchange Act Rules and Regulations thereunderAct.

Appears in 2 contracts

Samples: Dealer Manager Agreement (Behringer Harvard Opportunity REIT I, Inc.), Selected Dealer Agreement (Behringer Harvard Opportunity REIT I, Inc.)

Prospectus and Supplemental Information. The Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and the Supplemental Information. The Dealer Manager Trust will supply the Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Information, for delivery to investors, and the Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplements thereto and any amended Prospectus to an that investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all supplements thereto and any amended Prospectus with such Supplemental Information. The Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that is supplied to it by the Dealer Manager Trust and marked “broker-dealer only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. The Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that relates to another company program supplied to it by the Company or the Dealer Manager Trust bearing a legend that states that such material may not be used in connection with the offer or sale of any securities of other than the Companyprogram to which it relates. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that have not been previously approved by the Dealer ManagerTrust. Each The Dealer agrees, if the Dealer Manager Trust so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”). Regardless of In offering and selling Shares, the termination of this Agreement, Dealer will deliver a Prospectus in transactions in agrees to comply with all the Shares for a period of 90 days from applicable requirements under the effective date of the Registration Statement or such longer period as may be required by Securities Act and the Exchange Act or the Exchange Act Rules and Regulations thereunderAct.

Appears in 2 contracts

Samples: Form of Selected Dealer Agreement (United Development Funding IV), Form of Selected Dealer Agreement (United Development Funding IV)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares Units except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsUnits to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplements thereto and any amended Prospectus to an that investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that the investor or has simultaneously sent or given a Prospectus and all supplements thereto and any amended Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked "dealer only" or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares respect to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that states that such material may not be used in connection with the offer or sale of any securities of the Company. Dealer further agrees that it will not use in connection with the offer or sale of Shares Units any materials or writings that which have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager Manger so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934. Regardless of the termination of this Selected Dealer Agreement, Dealer will deliver a Prospectus in transactions in the Shares Units for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Securities Exchange Act of 1934. On becoming a Dealer, and in offering and selling Units, Dealer agrees to comply with all the applicable requirements under the Securities Act of 1933 and the Securities Exchange Act of 1934, including, without limitation, the provisions of Rule 15c2-4 of the Securities and Exchange Commission. Notwithstanding the termination of this Agreement or the Exchange Act Rules payment of any amount to Dealer, Dealer agrees to pay Dealer' proportionate share of any claim, demand or liability asserted against Dealer and Regulations thereunderthe other Dealers on the basis that Dealers or any of them constitute an association, unincorporated business or other separate entity, including in each case Dealer's proportionate share of any expenses incurred in defending against any such claim, demand or liability.

Appears in 2 contracts

Samples: Vestin Fund Ii LLC, Vestin Fund Ii LLC

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and any additional sales literature which has been approved in advance in writing by the Dealer Manager ("Supplemental Information"). The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any supplement to the Prospectus or any Supplemental Information to an investor unless it has previously sent or given a Prospectus and all previous supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all previous supplements thereto and any amended Prospectus with such supplement to the Prospectus or Supplemental Informationinformation. The Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked "dealer only" or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that which relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the Companycompany to which it relates. The Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that which have not been previously approved by the Dealer ManagerManager in writing. Each The Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934, as amended (the "Exchange Act"). Regardless of the termination of this Agreement, the Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act Act. On becoming a Dealer, and in offering and selling Shares, the Dealer agrees to comply with all the applicable requirements under the Securities Act, and the Exchange Act. Notwithstanding the termination of this Agreement or the Exchange Act Rules payment of any amount to the Dealer, the Dealer agrees to pay the Dealer's proportionate share of any claim, demand or liability asserted against the Dealer and Regulations thereunderthe other Dealers on the basis that such Dealers or any of them constitute an association, unincorporated business or other separate entity, including in each case such Dealer's proportionate share of any expenses incurred in defending against any such claim, demand or liability.

Appears in 2 contracts

Samples: Dividend Capital Trust Inc, Dividend Capital Total Realty Trust Inc.

Prospectus and Supplemental Information. The Dealer is not authorized or permitted to give, and will not give, any information or make any representation (written or oral) concerning the Shares Shares, except as set forth in the Prospectus and any Authorized Sales Materials. The Dealer Manager shall promptly notify Dealers of any supplement or amendment to the Supplemental InformationProspectus or Authorized Sales Materials. The Dealer Manager will supply the Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental InformationAuthorized Sales Materials, for delivery to investors, and the Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any Supplemental Information Authorized Sales Materials to an investor unless it has previously sent or given a Prospectus to that investor or has simultaneously sent or given a Prospectus with such Supplemental InformationAuthorized Sales Materials. The Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that is supplied to it by the Dealer Manager and marked “broker-dealer use only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. The Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that states stating that such material may not be used in connection with the offer or sale of the Shares or any securities of the Companyother securities. The Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that which have not been previously authorized or approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, dealer agrees to furnish a copy of any revised Preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934Act. Regardless of the termination of this Selected Dealer Agreement, the Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act. On becoming a Dealer, and in offering and selling Shares, the Dealer agrees to comply with all the applicable requirements under the Securities Act or and the Exchange Act Rules and Regulations thereunderAct.

Appears in 2 contracts

Samples: Selected Dealer Agreement (HMS Income Fund, Inc.), Selected Dealer Agreement (HMS Income Fund, Inc.)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus and all supplements thereto and any amended Prospectus as required by the Securities Act, the Exchange Act, and the Rules and RegulationsAct of1933. The Dealer agrees that it will not send or give any Supplemental Information supplements thereto and any amended Prospectus to an that investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all supplements thereto and any amended Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that is supplied to it by the Dealer Manager and marked “dealer only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that which relates to another company Company supplied to it by the Company or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the CompanyCompany to which it relates. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934. Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Securities Exchange Act or of 1934. On becoming a Dealer, and in offering and selling Shares, Dealer agrees to comply with all the applicable requirements under the Securities Act of 1933 and the Securities Exchange Act Rules and Regulations thereunderof 1934.

Appears in 1 contract

Samples: Dealer Manager Agreement (Wells Real Estate Investment Trust Ii Inc)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and the Supplemental Informationany supplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any supplement to the Prospectus or any Supplemental Information to an investor unless it has previously sent or given a Prospectus and all previous supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all previous supplements thereto and any amended Prospectus with such supplement to the Prospectus or Supplemental Informationinformation. The Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked “dealer only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that which relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the Companycompany to which it relates. The Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that which have not been previously approved by the Dealer ManagerManager in writing. Each The Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”). Regardless of the termination of this Agreement, the Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act Act. On becoming a Dealer, and in offering and selling Shares, the Dealer agrees to comply with all the applicable requirements under the Securities Act, and the Exchange Act. Notwithstanding the termination of this Agreement or the Exchange Act Rules payment of any amount to the Dealer, the Dealer agrees to pay the Dealer’s proportionate share of any claim, demand or liability asserted against the Dealer and Regulations thereunderthe other Dealers on the basis that such Dealers or any of them constitute an association, unincorporated business or other separate entity, including in each case such Dealer’s proportionate share of any expenses incurred in defending against any such claim, demand or liability.

Appears in 1 contract

Samples: Dealer Manager Agreement (REITPlus, Inc.)

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Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplements thereto and any amended Prospectus to an that investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all supplements thereto and any amended Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked “dealer only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that which relates to another company Company supplied to it by the Company or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the CompanyCompany to which it relates. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that which have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”). Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act. On becoming a Dealer, and in offering and selling Shares, Dealer agrees to comply with all the applicable requirements under the Securities Act or and the Exchange Act Rules and Regulations thereunderAct.

Appears in 1 contract

Samples: Selected Dealer Agreement (Behringer Harvard Opportunity REIT I, Inc.)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and the Supplemental Information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, as well as any Supplemental Information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by the Securities Act, the Exchange Act, and the Rules and Regulations. The Dealer agrees that it will not send or give any Supplemental Information to an investor unless it has previously sent or given a Prospectus to that investor or has simultaneously sent or given a Prospectus with such Supplemental Information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that is supplied to it by the Dealer Manager and marked “broker-dealer use only” or otherwise bearing a legend denoting that it is not to be used in connection with the offer or sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that states that such material may not be used in connection with the offer or sale of any securities of the Company. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that have not been previously approved by the Dealer ManagerManager other than the Prospectus and Supplemental Information. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934Act. Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in with respect to the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act or the Exchange Act Rules and Regulations thereunder.

Appears in 1 contract

Samples: Dealer Manager Agreement (O'Donnell Strategic Gateway REIT, Inc.)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by the Securities Act, the Exchange Act, and the Rules rules and Regulationsregulations promulgated under both. The Dealer agrees that it will not send or give any Supplemental Information supplemental information to an investor unless it has previously sent or given a Prospectus to that investor or has simultaneously sent or given a Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that is supplied to it by the Dealer Manager and marked “dealer only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that states that such material may not be used in connection with the offer or sale of any securities of the Company. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934. Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act or the rules and regulations thereunder. On becoming a Dealer, and in offering and selling Shares, Dealer agrees to comply with all the applicable requirements under the Securities Act and the Exchange Act Rules and Regulations thereunderAct.

Appears in 1 contract

Samples: Dealer Manager Agreement (Wells Real Estate Investment Trust Ii Inc)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, and will not give, any information or make any representation concerning the Shares Notes except as set forth in the Prospectus and the any Supplemental Information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, as well as any Supplemental Information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by the Securities Act, the Exchange Act, and the Rules and Regulationsfederal securities laws. The Dealer agrees that it will not send or give any Supplemental Information to an investor unless it has previously sent or given a Prospectus to that investor or has simultaneously sent or given a Prospectus with such Supplemental Information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that is supplied to it by the Dealer Manager and marked “dealer only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares Notes to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares Notes any material or writing that relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that states that such material may not be used in connection with the offer or sale of any securities of the Company. Dealer further agrees that it will not use in connection with the offer or sale of Shares Notes any materials or writings that have not been previously approved by the Dealer ManagerManager and the Company in writing. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934Act. Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares Notes for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by under the Exchange Act or the Exchange Act Rules and Regulations thereunderfederal securities laws.

Appears in 1 contract

Samples: Dealer Manager (Gladstone Investment Corporation\de)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares Certificates except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsCertificates to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplements thereto and any amended Prospectus to an that investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that the investor or has simultaneously sent or given a Prospectus and all supplements thereto and any amended Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked "dealer only” only " or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares respect to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that states that such material may not be used in connection with the offer or sale of any securities of the Company. Dealer further agrees that it will not use in connection with the offer or sale of Shares Certificates any materials or writings that which have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager Manger so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934. Regardless of the termination of this Selected Dealer Agreement, Dealer will deliver a Prospectus in transactions in the Shares Certificates for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Securities Exchange Act of 1934. On becoming a Dealer, and in offering and selling Certificates, Dealer agrees to comply with all the applicable requirements under the Securities Act of 1933 and the Securities Exchange Act of 1934, including, without limitation, the provisions of Rule 15c2-4 of the Securities and Exchange Commission. Notwithstanding the termination of this Agreement or the Exchange Act Rules payment of any amount to Dealer, Dealer agrees to pay Dealer' proportionate share of any claim, demand or liability asserted against Dealer and Regulations thereunderthe other Dealers on the basis that Dealers or any of them constitute an association, unincorporated business or other separate entity, including in each case Dealer's proportionate share of any expenses incurred in defending against any such claim, demand or liability.

Appears in 1 contract

Samples: Selected Dealer Agreement (Global Express Capital Real Estate Investment Fund I LLC)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by the Securities Act, the Exchange Act, and the Rules and Regulations. The Dealer agrees that it will not send or give any Supplemental Information to an investor unless it has previously sent or given a Prospectus to that investor or has simultaneously sent or given a Prospectus with such Supplemental Information. Dealer agrees that it will not show or give to any investor or prospective Investor or reproduce any material or writing that is supplied to it by the Dealer Manager and marked "dealer only" or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that states that such material may not be used in connection with the offer or sale of any securities of the Company. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934. Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act or the Exchange Act Rules and Regulations thereunder. On becoming a Dealer, and in offering and selling Shares, Dealer agrees to comply with all the applicable requirements under the Securities Act and the Exchange Act.

Appears in 1 contract

Samples: Wells Timber Real Estate Investment Trust, Inc.

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and the Supplemental Information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, as well as any Supplemental Information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by the Securities Act, the Exchange Act, and the Rules and Regulations. The Dealer agrees that it will not send or give any Supplemental Information to an investor unless it has previously sent or given a Prospectus to that investor or has simultaneously sent or given a Prospectus with such Supplemental Information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that is supplied to it by the Dealer Manager and marked “broker-dealer use only” or otherwise bearing a legend denoting that it is not to be used in connection with the offer or sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that states that such material may not be used in connection with the offer or sale of any securities of the Company. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that have not been previously approved by the Dealer ManagerManager other than the Prospectus and the Supplemental Information. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934Act. Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in with respect to the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act or the Exchange Act Rules and Regulations thereunder.

Appears in 1 contract

Samples: Dealer Agreement (Greenbacker Renewable Energy Co LLC)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus and all supplements thereto and any amended Prospectus as required by the Securities Act, the Exchange Act, and the Rules and RegulationsAct of 1933. The Dealer agrees that it will not send or give any Supplemental Information supplements thereto and any amended Prospectus to an that investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all supplements thereto and any amended Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that is supplied to it by the Dealer Manager and marked “dealer only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that states that such material may not be used in connection with the offer or sale of any securities of the Company. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934. Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Securities Exchange Act or of 1934. On becoming a Dealer, and in offering and selling Shares, Dealer agrees to comply with all the applicable requirements under the Securities Act of 1933 and the Securities Exchange Act Rules and Regulations thereunderof 1934.

Appears in 1 contract

Samples: Dealer Manager Agreement (Wells Real Estate Investment Trust Ii Inc)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares Units except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsUnits to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplements thereto and any amended Prospectus to an that investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that the investor or has simultaneously sent or given a Prospectus and all supplements thereto and any amended Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked "dealer only” only " or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares respect to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that states that such material may not be used in connection with the offer or sale of any securities of the Company. Dealer further agrees that it will not use in connection with the offer or sale of Shares Units any materials or writings that which have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager Manger so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934. Regardless of the termination of this Selected Dealer Agreement, Dealer will deliver a Prospectus in transactions in the Shares Units for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Securities Exchange Act of 1934. On becoming a Dealer, and in offering and selling Units, Dealer agrees to comply with all the applicable requirements under the Securities Act of 1933 and the Securities Exchange Act of 1934, including, without limitation, the provisions of Rule 15c2-4 of the Securities and Exchange Commission. Notwithstanding the termination of this Agreement or the Exchange Act Rules payment of any amount to Dealer, Dealer agrees to pay Dealer' proportionate share of any claim, demand or liability asserted against Dealer and Regulations thereunderthe other Dealers on the basis that Dealers or any of them constitute an association, unincorporated business or other separate entity, including in each case Dealer's proportionate share of any expenses incurred in defending against any such claim, demand or liability.

Appears in 1 contract

Samples: Dm Mortgage Investors LLC

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplements thereto and any amended Prospectus to an that investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all supplements thereto and any amended Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked “dealer only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that which relates to another company Company supplied to it by the Company or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the CompanyCompany to which it relates. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that which have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934. Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Securities Exchange Act or of 1934. On becoming a Dealer, and in offering and selling Shares, Dealer agrees to comply with all the applicable requirements under the Securities Act of 1933 and the Securities Exchange Act Rules and Regulations thereunderof 1934.

Appears in 1 contract

Samples: Form of Dealer Manager Agreement (Wells Real Estate Investment Trust Ii Inc)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus and all supplements thereto and any amended Prospectus as required by the Securities Act, the Exchange Act, and the Rules and RegulationsAct of 1933. The Dealer agrees that it will not send or give any Supplemental Information supplements thereto and any amended Prospectus to an that investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all supplements thereto and any amended Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked “dealer only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that relates to another company Company supplied to it by the Company or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the CompanyCompany to which it relates. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934. Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Securities Exchange Act or of 1934. On becoming a Dealer, and in offering and selling Shares, Dealer agrees to comply with all the applicable requirements under the Securities Act of 1933 and the Securities Exchange Act Rules and Regulations thereunderof 1934.

Appears in 1 contract

Samples: Manager Agreement (Wells Real Estate Investment Trust Iii Inc)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, give any information or make any representation concerning the Shares except as set forth in the Prospectus and any additional sales literature which has been approved in advance in writing by the Dealer Manager (“Supplemental Information”). The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any supplement to the Prospectus or any Supplemental Information to an investor unless it has previously sent or given a Prospectus and all previous supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all previous supplements thereto and any amended Prospectus with such supplement to the Prospectus or Supplemental Information. The Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked “dealer only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that which relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the Companycompany to which it relates. The Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that which have not been previously approved by the Dealer ManagerManager in writing. Each The Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”). Regardless of the termination of this Agreement, the Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act Act. On becoming a Dealer, and in offering and selling Shares, the Dealer agrees to comply with all the applicable requirements under the Securities Act, and the Exchange Act. Notwithstanding the termination of this Agreement or the Exchange Act Rules payment of any amount to the Dealer, the Dealer agrees to pay the Dealer’s proportionate share of any claim, demand or liability asserted against the Dealer and Regulations thereunderthe other Dealers on the basis that such Dealers or any of them constitute an association, unincorporated business or other separate entity, including in each case such Dealer’s proportionate share of any expenses incurred in defending against any such claim, demand or liability.

Appears in 1 contract

Samples: Of Selected Dealer Agreement (Prime Realty Income Trust, Inc.)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, and will not give, any information or make any representation (written or oral) concerning the Shares Shares, except as set forth in the Prospectus and any Authorized Sales Materials. The Dealer Manager shall promptly notify Dealers of any supplement or amendment to the Supplemental InformationProspectus or the Authorized Sales Materials. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental InformationAuthorized Sales Materials, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any Supplemental Information or Authorized Sales Materials to an investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all supplements thereto with such Supplemental InformationInformation or Authorized Sales Materials, as the case may be. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked “broker-dealer use only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of the Shares or any securities of the Companyother securities. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that which have not been previously authorized or approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, agrees to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934Act. Regardless of the termination of this Selected Dealer Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act. On becoming a Dealer, and in offering and selling Shares, Dealer agrees to comply with all the applicable requirements under the Securities Act or and the Exchange Act Rules and Regulations thereunderAct.

Appears in 1 contract

Samples: Dealer Manager Agreement (Hines Real Estate Investment Trust Inc)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplements thereto and any amended Prospectus to an that investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all supplements thereto and any amended Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked "dealer only" or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that which relates to another company Company supplied to it by the Company or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the CompanyCompany to which it relates. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that which have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934. Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Securities Exchange Act or of 1934. On becoming a Dealer, and in offering and selling Shares, Dealer agrees to comply with all the applicable requirements under the Securities Act of 1933 and the Securities Exchange Act Rules and Regulations thereunderof 1934.

Appears in 1 contract

Samples: Dealer Manager Agreement (Wells Real Estate Investment Trust Inc)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager Distributor will supply Dealer with reasonable quantities of the Prospectus, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by the Securities Act, the Exchange Act, and the Rules rules and Regulationsregulations promulgated under both. The Dealer agrees that it will not send or give any Supplemental Information supplemental information to an investor unless it has previously sent or given a Prospectus to that investor or has simultaneously sent or given a Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that is supplied to it by the Dealer Manager Distributor and marked "dealer only" or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that relates to another company supplied to it by the Company or the Dealer Manager Distributor bearing a legend that states that such material may not be used in connection with the offer or sale of any securities of the Company. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that have not been previously approved by the Dealer ManagerDistributor. Each Dealer agrees, if the Dealer Manager Distributor so requests, to furnish a copy of any revised Preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934. Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act or the rules and regulations thereunder. On becoming a Dealer, and in offering and selling Shares, Dealer agrees to comply with all the applicable requirements under the Securities Act and the Exchange Act Rules and Regulations thereunderAct.

Appears in 1 contract

Samples: Distribution Agreement (Wells Total Return REIT, Inc.)

Prospectus and Supplemental Information. The Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares Units except as set forth in the Prospectus and the Supplemental Information. The Dealer Manager Partnership will supply the Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Information, for delivery to investors, and the Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsUnits to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplements thereto and any amended Prospectus to an that investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all supplements thereto and any amended Prospectus with such Supplemental Information. The Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that is supplied to it by the Dealer Manager Partnership and marked “dealer only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares Units to members of the public. The Dealer agrees that it will not use in connection with the offer or sale of Shares Units any material or writing that relates to another company program supplied to it by the Company or the Dealer Manager Partnership bearing a legend that states that such material may not be used in connection with the offer or sale of any securities of other than the Companyprogram to which it relates. Dealer further agrees that it will not use in connection with the offer or sale of Shares Units any materials or writings that have not been previously approved by the Dealer ManagerPartnership. Each The Dealer agrees, if the Dealer Manager Partnership so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”). Regardless of In offering and selling Units, the termination of this Agreement, Dealer will deliver a Prospectus in transactions in agrees to comply with all the Shares for a period of 90 days from applicable requirements under the effective date of the Registration Statement or such longer period as may be required by Securities Act and the Exchange Act or the Exchange Act Rules and Regulations thereunderAct.

Appears in 1 contract

Samples: Selected Dealer Agreement (United Development Funding III, LP)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, and will not give, any information or make any representation concerning the Shares Units except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsUnits to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplements thereto and any amended Prospectus to an that investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all supplements thereto and any amended Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked “dealer only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares Units to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares Units any material or writing that which relates to another company partnership supplied to it by the Company Partnership or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the Companypartnership to which it relates. Dealer further agrees that it will not use in connection with the offer or sale of Shares Units any materials or writings that which have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934. Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares Units for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Securities Exchange Act or of 1934. On becoming a Dealer, and in offering and selling Units, Dealer agrees to comply with all the applicable requirements under the Securities Act of 1933, and the Securities Exchange Act Rules and Regulations thereunderof 1934.

Appears in 1 contract

Samples: Dealer Manager Agreement (Wells Real Estate Fund Xiv Lp)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares Units except as set forth in the Prospectus and the Supplemental Informationsupplemental information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Informationsupplemental information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsUnits to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplements thereto and any amended Prospectus to an that investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all supplements thereto and any amended Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked "dealer only" or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares respect to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares Units any material or writing that which relates to another company partnership supplied to it by the Company Partnership or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the Companypartnership to which it relates. Dealer further agrees that it will not use in connection with the offer or sale of Shares Units any materials or writings that which have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934. Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares Units for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Securities Exchange Act of 1934. On becoming a Dealer, and in offering and selling Units, Dealer agrees to comply with all the applicable requirements under the Securities Act of 1933, and the Securities Exchange Act of 1934, including, without limitation, the provisions of Rule 10b-6 and Rule 10b-7 and Rule 15c2-4 of the Securities and Exchange Commission. Notwithstanding the termination of this Agreement or the Exchange Act Rules payment of any amount to Dealer, Dealer agrees to pay Dealer's proportionate share of any claim, demand or liability asserted against Dealer and Regulations thereunderthe other Dealers on the basis that Dealers or any of them constitute an association, unincorporated business or other separate entity, including in each case Dealer's proportionate share of any expenses incurred in defending against any such claim, demand or liability.

Appears in 1 contract

Samples: Wells Real Estate Fd Xii L P & Wells Real Estate Fd Xiii Lp

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and any additional sales literature which has been approved in advance in writing by the Dealer Manager (“Supplemental Information”). The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any Supplemental Information supplements thereto and any amended Prospectus to an that investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all supplements thereto and any amended Prospectus with such Supplemental Informationsupplemental information. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked “dealer only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that which relates to another company Company supplied to it by the Company or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the CompanyCompany to which it relates. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that which have not been previously approved by the Dealer ManagerManager in writing. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934. Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Securities Exchange Act or of 1934. On becoming a Dealer, and in offering and selling Shares, Dealer agrees to comply with all the applicable requirements under the Securities Act of 1933, and the Securities Exchange Act Rules and Regulations thereunderof 1934.

Appears in 1 contract

Samples: Form of Selected Dealer Agreement (Dividend Capital Trust Inc)

Prospectus and Supplemental Information. Dealer Selling Agent is not authorized or permitted to give, give and will not give, give any information or make any representation concerning the Shares Units except as set forth in the Prospectus and any additional sales literature which has been approved in advance in writing by the Distributor (“Supplemental Information”). The Dealer Manager Distributor will supply Dealer Selling Agent with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Information, for delivery to investors, and Dealer Selling Agent will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsUnits to an investor. The Dealer Selling Agent agrees that it will not send or give any supplement to the Prospectus or any Supplemental Information to an investor unless it has previously sent or given a Prospectus and all previous supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all previous supplements thereto and any amended Prospectus with such supplement to the Prospectus or Supplemental Informationinformation. Dealer The Selling Agent agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager Distributor and marked “dealer only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares Units to members of the public. Dealer Selling Agent agrees that it will not use in connection with the offer or sale of Shares Units any material or writing that which relates to another company fund supplied to it by the Company Partnership or the Dealer Manager Distributor bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the CompanyPartnership to which it relates. Dealer The Selling Agent further agrees that it will not use in connection with the offer or sale of Shares Units any materials or writings that which have not been previously approved by the Dealer ManagerDistributor in writing. Each Dealer The Selling Agent agrees, if the Dealer Manager Distributor so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”). Regardless of the termination of this Agreement, Dealer the Selling Agent will deliver a Prospectus in transactions in the Shares Units for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act. On becoming a Selling Agent, and in offering and selling Units, the Selling Agent agrees to comply with all the applicable requirements under the Securities Act and the Exchange Act. Notwithstanding the termination of this Agreement or the Exchange Act Rules payment of any amount to the Selling Agent, the Selling Agent agrees to pay the Selling Agent’s proportionate share of any claim, demand or liability asserted against the Selling Agent and Regulations thereunderthe other Selling Agents on the basis that such Selling Agents or any of them constitute an association, unincorporated business or other separate entity, including in each case such Selling Agent’s proportionate share of any expenses incurred in defending against any such claim, demand or liability.

Appears in 1 contract

Samples: Selling Agent Agreement (Dividend Capital Global Real Estate Fund of Funds, L.P.)

Prospectus and Supplemental Information. The Dealer is not authorized or permitted to give, and will not give, any information or make any representation (written or oral) concerning the Shares Shares, except as set forth in the Prospectus and any Authorized Sales Materials. The Dealer Manager shall promptly notify Dealers of any supplement or amendment to the Supplemental InformationProspectus or Authorized Sales Materials. The Dealer Manager will supply the Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental InformationAuthorized Sales Materials, for delivery to investors, and the Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any Supplemental Information Authorized Sales Materials to an investor unless it has previously sent or given a Prospectus to that investor or has simultaneously sent or given a Prospectus with such Supplemental InformationAuthorized Sales Materials. The Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that is supplied to it by the Dealer Manager and marked “broker-dealer use only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. The Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that states stating that such material may not be used in connection with the offer or sale of the Shares or any securities of the Companyother securities. The Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that which have not been previously authorized or approved by the Dealer Manager. Each The Dealer agrees, if the Dealer Manager so requests, agrees to furnish a copy of any revised Preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934Act. Regardless of the termination of this Selected Dealer Agreement, the Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act. On becoming a Dealer, and in offering and selling Shares, the Dealer agrees to comply with all the applicable requirements under the Securities Act or and the Exchange Act Rules and Regulations thereunderAct.

Appears in 1 contract

Samples: Selected Dealer Agreement (HMS Income Fund, Inc.)

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, and will not give, any information or make any representation (written or oral) concerning the Shares Shares, except as set forth in the Prospectus and any Authorized Sales Materials. The Dealer Manager shall promptly notify Dealers of any supplement or amendment to the Supplemental InformationProspectus or the Authorized Sales Materials. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental InformationAuthorized Sales Materials, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any Supplemental Information or Authorized Sales Materials to an investor unless it has previously sent or given a Prospectus and all supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all supplements thereto with such Supplemental InformationInformation or Authorized Sales Materials, as the case may be. Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked "broker-dealer use only" or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of the Shares or any securities of the Companyother securities. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that which have not been previously authorized or approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, agrees to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934Act. Regardless of the termination of this Selected Dealer Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act. On becoming a Dealer, and in offering and selling Shares, Dealer agrees to comply with all the applicable requirements under the Securities Act or and the Exchange Act Rules and Regulations thereunderAct.

Appears in 1 contract

Samples: Hines Real Estate Investment Trust Inc

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, give and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus, the applicable Prospectus Supplement and any additional sales literature which has been approved in advance in writing by the Dealer Manager ("Supplemental Information"). The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, any supplements thereto and any amended Prospectus, as well as any Supplemental Information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by and all supplements thereto and any amended Prospectus to each investor to whom an offer is made prior to or simultaneously with the Securities Act, first solicitation of an offer to sell the Exchange Act, and the Rules and RegulationsShares to an investor. The Dealer agrees that it will not send or give any supplement to the Prospectus or any Supplemental Information to an investor unless it has previously sent or given a Prospectus and all previous supplements thereto and any amended Prospectus to that investor or has simultaneously sent or given a Prospectus and all previous supplements thereto and any amended Prospectus with such supplement to the Prospectus or Supplemental Informationinformation. The Dealer agrees that it will not show or give to any investor or prospective Investor investor or reproduce any material or writing that which is supplied to it by the Dealer Manager and marked "dealer only" or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that which relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that which states that such material may not be used in connection with the offer or sale of any securities of other than the Companycompany to which it relates. The Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that which have not been previously approved by the Dealer ManagerManager in writing. Each The Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934, as amended (the "Exchange Act"). Regardless of the termination of this Agreement, the Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act Act. On becoming a Dealer, and in offering and selling Shares, the Dealer agrees to comply with all the applicable requirements under the Securities Act, and the Exchange Act. Notwithstanding the termination of this Agreement or the Exchange Act Rules payment of any amount to the Dealer, the Dealer agrees to pay the Dealer's proportionate share of any claim, demand or liability asserted against the Dealer and Regulations thereunderthe other Dealers on the basis that such Dealers or any of them constitute an association, unincorporated business or other separate entity, including in each case such Dealer's proportionate share of any expenses incurred in defending against any such claim, demand or liability.

Appears in 1 contract

Samples: Dividend Capital Trust Inc

Prospectus and Supplemental Information. Dealer is not authorized or permitted to give, and will not give, any information or make any representation concerning the Shares except as set forth in the Prospectus and the Supplemental Information. The Dealer Manager will supply Dealer with reasonable quantities of the Prospectus, as well as any Supplemental Information, for delivery to investors, and Dealer will deliver a copy of the Prospectus as required by the Securities Act, the Exchange Act, and the Rules and Regulations. The Dealer agrees that it will not send or give any Supplemental Information to an investor unless it has previously sent or given a Prospectus to that investor or has simultaneously sent or given a Prospectus with such Supplemental Information. Dealer agrees that it will not show or give to any investor or prospective Investor or reproduce any material or writing that is supplied to it by the Dealer Manager and marked “dealer only” or otherwise bearing a legend denoting that it is not to be used in connection with the sale of Shares to members of the public. Dealer agrees that it will not use in connection with the offer or sale of Shares any material or writing that relates to another company supplied to it by the Company or the Dealer Manager bearing a legend that states that such material may not be used in connection with the offer or sale of any securities of the Company. Dealer further agrees that it will not use in connection with the offer or sale of Shares any materials or writings that have not been previously approved by the Dealer Manager. Each Dealer agrees, if the Dealer Manager so requests, to furnish a copy of any revised Preliminary Prospectus to each person to whom it has furnished a copy of any previous Preliminary Prospectus, and further agrees that it will itself mail or otherwise deliver all preliminary and final Prospectuses required for compliance with the provisions of Rule 15c2-8 under the Securities Exchange Act of 1934. Regardless of the termination of this Agreement, Dealer will deliver a Prospectus in transactions in the Shares for a period of 90 days from the effective date of the Registration Statement or such longer period as may be required by the Exchange Act or the Exchange Act Rules and Regulations thereunderRegulations. On becoming a Dealer, and in offering and selling Shares, Dealer agrees to comply with all the applicable requirements under the Securities Act and the Exchange Act.

Appears in 1 contract

Samples: Dealer Manager Agreement (Wells Timberland REIT, Inc.)

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