Selling Agent Compensation. (i) Subject to the provisions contained in the Prospectus or this Section 3(d), the Sponsor agrees to pay, or cause its affiliates (other than the Company) to pay, the Selling Agent selling commissions in the amount of 6.5% of the selling price of each Share for which a sale is completed from the Shares offered in the Primary Offering. The Sponsor will not pay selling commissions for sales of Shares pursuant to the DRIP and may pay reduced selling commissions or may eliminate selling commissions on certain sales of Shares on the terms set forth in the Prospectus. The Company will not pay any portion of the selling commissions and has no obligation of any kind to pay such commissions. (ii) All sales commissions payable to the Selling Agent will be paid within 10 business days after the investor subscribing for the Share is admitted as a stockholder of the Company, in an amount equal to the sales commissions payable with respect to such Shares. The Selling Agent acknowledges that no commissions, payments or other amounts will be paid to the Selling Agent unless and until the gross proceeds of the Shares sold are disbursed to the Company in accordance with the terms of the Escrow Agreement. (iii) In no event shall the total aggregate compensation payable to the Selling Agent participating in the Offering, including, but not limited to, selling commissions exceed 10.0% of gross offering proceeds from the Primary Offering in the aggregate. The Selling Agent shall repay to the Sponsor or its affiliates any excess amounts MVP American Securities, LLC September 22, 2015 received over FINRA’s 10% cap if the Offering is abruptly terminated after receiving the minimum amount offered by the Company pursuant to the Prospectus and before reaching the maximum amount offered by the Company pursuant to the Prospectus. (iv) Notwithstanding anything to the contrary contained herein, if the Sponsor or its affiliates (other than the Company) pays any selling commission to the Selling Agent for sale by the Selling Agent of one or more Shares and the subscription is rescinded as to one or more of the Shares covered by such subscription, then the Sponsor shall decrease the next payment of selling commissions or other compensation otherwise payable to the Selling Agent by the Sponsor under this Agreement by an amount equal to the commission rate established in this Section 3(d), multiplied by the number of Shares as to which the subscription is rescinded. If no payment of selling commissions or other compensation is due to the Selling Agent after such withdrawal occurs, then the Selling Agent shall pay the amount specified in the preceding sentence to the Sponsor within a reasonable period of time not to exceed 30 days following receipt of notice by the Selling Agent from the Company, the Sponsor or its affiliates stating the amount owed as a result of rescinded subscriptions.
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Selling Agent Compensation. (i) Subject to the provisions contained volume discounts and other special circumstances described in or otherwise provided in the “Plan of Distribution” section of the Prospectus or this Section 3(d3(e), the Sponsor Company agrees to pay, or cause its affiliates (other than the Company) to pay, pay the Selling Agent selling commissions in the amount of 6.5% three percent (3.0%) of the selling price of each Share for which a sale is completed from the Shares offered in the Primary Offering. The Sponsor Company will not pay selling commissions for sales of Shares pursuant to the DRIP DRIP, and may the Company will pay reduced selling commissions or may eliminate selling commissions on certain sales of Shares Shares, including the reduction or elimination of selling commissions in accordance with, and on the terms set forth in in, the Prospectus. The Company will not pay any portion Selling Agent may re-allow up to all of the selling commissions commissions, subject to federal and has no obligation of any kind state securities laws, to pay such commissionsthe Participating Broker-Dealer who sold the Shares.
(ii) All sales commissions payable to the Selling Agent will be paid within 10 ten (10) business days after the investor subscribing for the Share is admitted as a stockholder of the Company, in an amount equal to the sales commissions payable with respect to such Shares. The Selling Agent acknowledges that no commissions, payments or other amounts will be paid to the Selling Agent unless and until the gross proceeds of the Shares sold are disbursed to the Company in accordance with the terms of the Escrow Agreement.
(iii) In no event shall the total aggregate compensation payable to the Selling Agent and any Participating Broker-Dealers participating in the Offering, including, but not limited to, selling commissions exceed ten percent (10.0% %) of gross offering proceeds from the Primary Offering in the aggregate. The Selling Agent shall repay to the Sponsor or its affiliates Company any excess amounts MVP American Securities, LLC September 22, 2015 received over FINRA’s 10% cap if the Offering is abruptly terminated after receiving the minimum amount offered by the Company pursuant to the Prospectus and before reaching the maximum amount offered by the Company pursuant to the Prospectus.. Xxxxxx Xxxxxxx Securities, LLC July 16, 2012
(iv) Notwithstanding anything to the contrary contained herein, if the Sponsor or its affiliates (other than the Company) Company pays any selling commission to the Selling Agent for sale by the Selling Agent or a Participating Broker-Dealer of one or more Shares and the subscription is rescinded as to one or more of the Shares covered by such subscription, then the Sponsor Company shall decrease the next payment of selling commissions or other compensation otherwise payable to the Selling Agent by the Sponsor Company under this Agreement by an amount equal to the commission rate established in this Section 3(d3(e), multiplied by the number of Shares as to which the subscription is rescinded. If no payment of selling commissions or other compensation is due to the Selling Agent after such withdrawal occurs, then the Selling Agent shall pay the amount specified in the preceding sentence to the Sponsor Company within a reasonable period of time not to exceed 30 thirty (30) days following receipt of notice by the Selling Agent from the Company, the Sponsor or its affiliates Company stating the amount owed as a result of rescinded subscriptions.
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Samples: Selling Agreement (MVP REIT, Inc.)
Selling Agent Compensation. (i) Subject to the provisions contained in the Prospectus or this Section 3(d), the Sponsor agrees to pay, or cause its affiliates (other than the Company) to pay, the Selling Agent selling commissions in the amount of 6.5% of the selling price of each Share for which a sale is completed from the Shares offered in the Primary Offering. The Sponsor will not pay selling commissions for sales of Shares pursuant to the DRIP and may pay reduced selling commissions or may eliminate selling commissions on certain sales of Shares on the terms set forth in the Prospectus. The Company will not pay any portion of the selling commissions and has no obligation of any kind to pay such commissions.
(ii) All sales commissions payable to the Selling Agent will be paid within 10 business days after the investor subscribing for the Share is admitted as a stockholder of the Company, in an amount equal to the sales commissions payable with respect to such Shares. The Selling Agent acknowledges that no commissions, payments or other amounts will be paid to the Selling Agent unless and until the gross proceeds of the Shares sold are disbursed to the Company in accordance with the terms of the Escrow Agreement.
(iii) In no event shall the total aggregate compensation payable to the Selling Agent participating in the Offering, including, but not limited to, selling commissions exceed 10.0% of gross offering proceeds from the Primary Offering in the aggregate. The Selling Agent shall repay to the Sponsor or its affiliates any excess amounts MVP American Securities, LLC September 22[Selling Agent] , 2015 received over FINRA’s 10% cap if the Offering is abruptly terminated after receiving the minimum amount offered by the Company pursuant to the Prospectus and before reaching the maximum amount offered by the Company pursuant to the Prospectus.
(iv) Notwithstanding anything to the contrary contained herein, if the Sponsor or its affiliates (other than the Company) pays any selling commission to the Selling Agent for sale by the Selling Agent of one or more Shares and the subscription is rescinded as to one or more of the Shares covered by such subscription, then the Sponsor shall decrease the next payment of selling commissions or other compensation otherwise payable to the Selling Agent by the Sponsor under this Agreement by an amount equal to the commission rate established in this Section 3(d), multiplied by the number of Shares as to which the subscription is rescinded. If no payment of selling commissions or other compensation is due to the Selling Agent after such withdrawal occurs, then the Selling Agent shall pay the amount specified in the preceding sentence to the Sponsor within a reasonable period of time not to exceed 30 days following receipt of notice by the Selling Agent from the Company, the Sponsor or its affiliates stating the amount owed as a result of rescinded subscriptions.
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Selling Agent Compensation. (i) Subject to the provisions contained in the Prospectus or this Section 3(d), the Sponsor agrees to pay, or cause its affiliates (other than the Company) to pay, the Selling Agent selling commissions in the amount of 6.5% of the selling price of each Share for which a sale is completed from the Shares offered in the Primary Offering. The Sponsor will not pay selling commissions for sales of Shares pursuant to the DRIP and may pay reduced selling commissions or may eliminate selling commissions on certain sales of Shares on the terms set forth in the Prospectus. The Company will not pay any portion of the selling commissions and has no obligation of any kind to pay such commissions.
(ii) All sales commissions payable to the Selling Agent will be paid within 10 business days after the investor subscribing for the Share is admitted as a stockholder of the Company, in an amount equal to the sales commissions payable with respect to such Shares. The Selling Agent acknowledges that no commissions, payments or other amounts will be paid to the Selling Agent unless and until the gross proceeds of the Shares sold are disbursed to the Company in accordance with the terms of the Escrow Agreement.
(iii) In no event shall the total aggregate underwriting compensation payable to the Selling Agent participating in connection with the Offering, including, but not limited to, selling commissions commissions, exceed 10.0% of gross offering proceeds from the Primary Offering in the aggregate. The Selling Agent shall repay to the Sponsor or its affiliates any excess amounts MVP American Securities, LLC September 22October 5, 2015 received over FINRA’s 10% cap if of gross offering proceeds from the sale of Shares in the Primary Offering attributable to the Selling Agent pursuant to this Agreement. If the Offering is abruptly terminated after receiving the minimum amount offered by the Company pursuant to the Prospectus and before reaching the maximum amount offered by the Company pursuant to the Prospectus, the Selling Agent will repay any additional amounts necessary to ensure that the total aggregate underwriting compensation payable in connection with the Offering does not exceed FINRA’s 10% cap on underwriting compensation pro rata based on its sales of Shares in the Primary Offering.
(iv) Notwithstanding anything to the contrary contained herein, if the Sponsor or its affiliates (other than the Company) pays any selling commission to the Selling Agent for sale by the Selling Agent of one or more Shares and the subscription is rescinded as to one or more of the Shares covered by such subscription, then the Sponsor shall decrease the next payment of selling commissions or other compensation otherwise payable to the Selling Agent by the Sponsor under this Agreement by an amount equal to the commission rate established in this Section 3(d), multiplied by the number of Shares as to which the subscription is rescinded. If no payment of selling commissions or other compensation is due to the Selling Agent after such withdrawal occurs, then the Selling Agent shall pay the amount specified in the preceding sentence to the Sponsor within a reasonable period of time not to exceed 30 days following receipt of notice by the Selling Agent from the Company, the Sponsor or its affiliates stating the amount owed as a result of rescinded subscriptions.
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Selling Agent Compensation. (i) Subject to the provisions contained volume discounts and other special circumstances described in or otherwise provided in the “Plan of Distribution” section of the Prospectus or this Section 3(d3(e), the Sponsor Company agrees to pay, or cause its affiliates (other than the Company) to pay, pay the Selling Agent selling commissions in the amount of 6.5% three percent (3.0%) of the selling price of each Share for which a sale is completed from the Shares offered in the Primary Offering. The Sponsor Company will not pay selling commissions for sales of Shares pursuant to the DRIP DRIP, and may the Company will pay reduced selling commissions or may eliminate selling commissions on certain sales of Shares Shares, including the reduction or elimination of selling commissions in accordance with, and on the terms set forth in in, the Prospectus. The Company will not pay any portion Selling Agent may re-allow up to all of the selling commissions commissions, subject to federal and has no obligation of any kind state securities laws, to pay such commissionsthe Participating Broker-Dealer who sold the Shares.
(ii) All sales commissions payable to the Selling Agent will be paid within 10 ten (10) business days after the investor subscribing for the Share is admitted as a stockholder of the Company, in an amount equal to the sales commissions payable with respect to such Shares. The Selling Agent acknowledges that no commissions, payments or other amounts will be paid to the Selling Agent unless and until the gross proceeds of the Shares sold are disbursed to the Company in accordance with the terms of the Escrow Agreement.. Source Capital Group, Inc. June 11, 2012
(iii) In no event shall the total aggregate compensation payable to the Selling Agent and any Participating Broker-Dealers participating in the Offering, including, but not limited to, selling commissions exceed ten percent (10.0% %) of gross offering proceeds from the Primary Offering in the aggregate. The Selling Agent shall repay to the Sponsor or its affiliates Company any excess amounts MVP American Securities, LLC September 22, 2015 received over FINRA’s 10% cap if the Offering is abruptly terminated after receiving the minimum amount offered by the Company pursuant to the Prospectus and before reaching the maximum amount offered by the Company pursuant to the Prospectus.
(iv) Notwithstanding anything to the contrary contained herein, if the Sponsor or its affiliates (other than the Company) Company pays any selling commission to the Selling Agent for sale by the Selling Agent or a Participating Broker-Dealer of one or more Shares and the subscription is rescinded as to one or more of the Shares covered by such subscription, then the Sponsor Company shall decrease the next payment of selling commissions or other compensation otherwise payable to the Selling Agent by the Sponsor Company under this Agreement by an amount equal to the commission rate established in this Section 3(d3(e), multiplied by the number of Shares as to which the subscription is rescinded. If no payment of selling commissions or other compensation is due to the Selling Agent after such withdrawal occurs, then the Selling Agent shall pay the amount specified in the preceding sentence to the Sponsor Company within a reasonable period of time not to exceed 30 thirty (30) days following receipt of notice by the Selling Agent from the Company, the Sponsor or its affiliates Company stating the amount owed as a result of rescinded subscriptions.
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Samples: Selling Agreement (MVP REIT, Inc.)
Selling Agent Compensation. (i) Subject to the provisions contained volume discounts and other special circumstances described in or otherwise provided in the “Plan of Distribution” section of the Prospectus or this Section 3(d3(e), the Sponsor Company agrees to pay, or cause its affiliates (other than the Company) to pay, pay the Selling Agent selling commissions in the amount of 6.5% three percent (3.0%) of the selling price of each Share for which a sale is completed from the Shares offered in the Primary Offering. The Sponsor Company will not pay selling commissions for sales of Shares pursuant to the DRIP DRIP, and may the Company will pay reduced selling commissions or may eliminate selling commissions on certain sales of Shares Shares, including the reduction or elimination of selling commissions in accordance with, and on the terms set forth in in, the Prospectus. The Company will not pay any portion Selling Agent may re-allow up to all of the selling commissions commissions, subject to federal and has no obligation of any kind state securities laws, to pay such commissionsthe Participating Broker-Dealer who sold the Shares.
(ii) All sales commissions payable to the Selling Agent will be paid within 10 ten (10) business days after the investor subscribing for the Share is admitted as a stockholder of the Company, in an amount equal to the sales commissions payable with respect to such Shares. The Selling Agent acknowledges that no commissions, payments or other amounts will be paid to the Selling Agent unless and until the gross proceeds of the Shares sold are disbursed to the Company in accordance with the terms of the Escrow Agreement.. SJ Securities, LLC , 2012
(iii) In no event shall the total aggregate compensation payable to the Selling Agent and any Participating Broker-Dealers participating in the Offering, including, but not limited to, selling commissions exceed ten percent (10.0% %) of gross offering proceeds from the Primary Offering in the aggregate. The Selling Agent shall repay to the Sponsor or its affiliates Company any excess amounts MVP American Securities, LLC September 22, 2015 received over FINRA’s 10% cap if the Offering is abruptly terminated after receiving the minimum amount offered by the Company pursuant to the Prospectus and before reaching the maximum amount offered by the Company pursuant to the Prospectus.
(iv) Notwithstanding anything to the contrary contained herein, if the Sponsor or its affiliates (other than the Company) Company pays any selling commission to the Selling Agent for sale by the Selling Agent or a Participating Broker-Dealer of one or more Shares and the subscription is rescinded as to one or more of the Shares covered by such subscription, then the Sponsor Company shall decrease the next payment of selling commissions or other compensation otherwise payable to the Selling Agent by the Sponsor Company under this Agreement by an amount equal to the commission rate established in this Section 3(d3(e), multiplied by the number of Shares as to which the subscription is rescinded. If no payment of selling commissions or other compensation is due to the Selling Agent after such withdrawal occurs, then the Selling Agent shall pay the amount specified in the preceding sentence to the Sponsor Company within a reasonable period of time not to exceed 30 thirty (30) days following receipt of notice by the Selling Agent from the Company, the Sponsor or its affiliates Company stating the amount owed as a result of rescinded subscriptions.
Appears in 1 contract
Samples: Selling Agreement (MVP Monthly Income Realty Trust, Inc.)