Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, and (c) the acceptance of any payment for the Shares.
Appears in 89 contracts
Samples: Dealer Manager Agreement (Cantor Fitzgerald Income Trust, Inc.), Dealer Manager Agreement (ARES INDUSTRIAL REAL ESTATE INCOME TRUST Inc.), Dealer Manager Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, and (cb) the acceptance of any payment for the Shares.
Appears in 46 contracts
Samples: Dealer Manager Agreement (Cim Income Nav, Inc.), Dealer Manager Agreement (Cim Income Nav, Inc.), Dealer Manager Agreement (Cim Income Nav, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Dealer Manager Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Dealer Manager Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, and (c) the acceptance of any payment for the Shares.
Appears in 40 contracts
Samples: Dealer Manager Agreement (Strategic Student & Senior Housing Trust, Inc.), Dealer Manager Agreement (Strategic Student & Senior Housing Trust, Inc.), Dealer Manager Agreement (Griffin Capital Essential Asset REIT II, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Company, the Dealer Manager or any Dealer or any person controlling the Company, the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the CompanyDealer, and (c) the acceptance of any payment for the Shares.
Appears in 7 contracts
Samples: Dealer Manager Agreement (Industrial Income Trust Inc.), Dealer Manager Agreement (Industrial Income Trust Inc.), Dealer Manager Agreement (Industrial Income Trust Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer Dealers or by or on behalf of the Company or any person controlling the Company, and (c) the acceptance of any payment for the Shares.
Appears in 7 contracts
Samples: Dealer Manager Agreement (Hartman vREIT XXI, Inc.), Dealer Manager Agreement (Hartman vREIT XXI, Inc.), Dealer Manager Agreement (Hartman vREIT XXI, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company Partnership and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company Partnership or any person controlling the CompanyPartnership, and (c) the acceptance of any payment for the SharesUnits.
Appears in 6 contracts
Samples: Selected Dealer Agreement (United Development Funding III, LP), Selected Dealer Agreement (United Development Funding III, LP), Selected Dealer Agreement (United Development Funding III, LP)
Survival of Provisions. The respective agreements, representations and warranties of the Company Partnership and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company Partnership, its partners or any person controlling the CompanyPartnership, and (c) the acceptance of any payment for the SharesUnits.
Appears in 6 contracts
Samples: Dealer Manager Distribution Agreement (Behringer Harvard Mid Term Value Enhancement 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)
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company Company, its partners or any person controlling the Company, and (c) the acceptance of any payment for the SharesUnits.
Appears in 5 contracts
Samples: Dealer Manager Agreement (Re Investments Iii LLC), Dealer Manager Agreement (Re Investments Iii LLC), Dealer Manager Agreement (Vestin Fund Iii LLC)
Survival of Provisions. The respective agreements, representations and warranties of the Company Fund and the Dealer Dealer-Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (ai) any termination of this Agreement, (bii) any investigation made by or on behalf of the Dealer Dealer-Manager or any Dealer or any person controlling the Dealer Dealer-Manager or any Dealer or by or on behalf of the Company Managers or any person controlling the CompanyManagers, and to (ciii) the acceptance of any payment for the SharesUnits.
Appears in 5 contracts
Samples: Dealer Manager Agreement (Aei Income & Growth Fund 25 LLC), Dealer Manager Agreement (Aei Income & Growth Fund 23 LLC), Dealer Manager Agreement (Aei Income & Growth Fund 24 LLC)
Survival of Provisions. 7.1 The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, and (cb) the acceptance of any payment for the Shares.
Appears in 4 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.)
Survival of Provisions. The respective agreements, representations and warranties of the Company and Company, the Dealer Manager and the Dealers set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, and (c) the acceptance of any payment for the Shares.
Appears in 4 contracts
Samples: Dealer Manager Agreement (Pathway Energy Infrastructure Fund, Inc.), Dealer Manager Agreement (Pathway Energy Infrastructure Fund, Inc.), Dealer Manager Agreement (Priority Senior Secured Income Fund, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Dealer Manager Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Dealer Manager Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, and (c) the acceptance of any payment for the Shares. The provisions of Sections 4 and 6 hereof shall also survive such termination.
Appears in 4 contracts
Samples: Dealer Manager Agreement (Hines Global REIT, Inc.), Dealer Manager Agreement (Hines Global REIT, Inc.), Dealer Manager Agreement (Hines Global REIT, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, and (c) the acceptance of any payment subscription for the SharesInterests.
Appears in 3 contracts
Samples: Dealer Manager Agreement (Black Creek Diversified Property Fund Inc.), Dealer Manager Agreement (Black Creek Diversified Property Fund Inc.), Dealer Manager Agreement (Dividend Capital Diversified Property Fund Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company Company, the Operating Partnership and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect until the Termination Date (as defined below) regardless of of: (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Participating Broker-Dealer or any person controlling the Dealer Manager or any Participating Broker-Dealer or by or on behalf of the Company Company, the Operating Partnership or any person controlling the Company, ; and (cb) the acceptance delivery of any payment for the Shares.Offered
Appears in 3 contracts
Samples: Dealer Manager Agreement (RREEF Property Trust, Inc.), Dealer Manager Agreement (RREEF Property Trust, Inc.), Dealer Manager Agreement (RREEF America Property Income Trust, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Broker-Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Broker-Dealer or any person controlling the Dealer Manager or any Broker-Dealer or by or on behalf of the Company or any person controlling the Company, and (c) the acceptance of any payment for the Shares.
Appears in 3 contracts
Samples: Broker Dealer Agreement (Shopoff Properties Trust, Inc.), Broker Dealer Agreement (Shopoff Properties Trust, Inc.), Broker Dealer Agreement (Shopoff Properties Trust, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Dealer-Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (ai) any termination of this Agreement, (bii) any investigation made by or on behalf of the Dealer Dealer-Manager or any Dealer or any person controlling the Dealer Dealer-Manager or any Dealer or by or on behalf of the Company Managers or any person controlling the CompanyManagers, and to (ciii) the acceptance of any payment for the SharesUnits.
Appears in 3 contracts
Samples: Dealer Manager Agreement (AEI Income & Growth Fund 26 LLC), Dealer Manager Agreement (AEI Income & Growth Fund 27 LLC), Dealer Manager Agreement (AEI Income & Growth Fund 26 LLC)
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Selected Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (ai) any termination of this Agreement, ; (bii) any investigation made by or on behalf of the Dealer Manager or any Selected Dealer or any person controlling the Dealer Manager or any Selected Dealer or by or on behalf of the Company Company, or any person controlling the Company, and ; or (ciii) the acceptance of any payment for the Shares.
Appears in 2 contracts
Samples: Selected Dealer Agreement (Gen-Net Lease Income Trust Inc), Selected Dealer Agreement (Gen-Net Lease Income Trust Inc)
Survival of Provisions. The respective agreements, representations and warranties of the Company Trust and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company Trust or any person controlling the CompanyTrust, and (c) the acceptance of any payment for the Shares.
Appears in 2 contracts
Samples: Selected Dealer Agreement (United Development Funding IV), Selected Dealer Agreement (United Development Funding IV)
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement and the obligation of Company to reimburse out of pocket expenses, shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, and (c) the acceptance of any payment for the Shares.
Appears in 2 contracts
Samples: Dealer Manager Agreement (Klein Retail Centers, Inc.), Dealer Manager Agreement (Klein Retail Centers, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company Fund and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company Fund, its partners or any person controlling the CompanyFund, and (c) the acceptance of any payment for the SharesCertificates.
Appears in 2 contracts
Samples: Dealer Manager Agreement (Global Express Capital Real Estate Investment Fund I LLC), Dealer Manager Agreement (Global Express Capital Real Estate Investment Fund I LLC)
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company Company, its directors or officers, or any person controlling the Company, and (c) the acceptance of any payment for the SharesNotes.
Appears in 2 contracts
Samples: Selected Dealer Agreement (Vestin Group Inc), Selected Dealer Agreement (Vestin Group Inc)
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Manager Selling Agent set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer Selling Agent or any person controlling the Dealer Manager or any Dealer Selling Agent or by or on behalf of the Company Company, its partners or any person controlling the Company, and (c) the acceptance of any payment for the SharesUnits.
Appears in 2 contracts
Samples: Selling Agency Agreement (Yosemite Mortgage Fund Ii LLC), Selling Agency Agreement (Yosemite Mortgage Fund Ii LLC)
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Dealer-Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (ai) any termination of this Agreement, (bii) any investigation made by or on behalf of the Dealer Dealer-Manager or any Dealer or any person controlling the Dealer Dealer-Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, and to (ciii) the acceptance of any payment for the Shares.
Appears in 1 contract
Samples: Dealer Manager Agreement (AEI Core Property Income Trust, Inc)
Survival of Provisions. The respective agreements, representations and warranties of the Company and Company, the Dealer Manager Manager, the Advisor and Ameriprise set forth in this Agreement or in certificates shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Company, the Dealer Manager Manager, Advisor or any Dealer Ameriprise or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, such party and (c) the acceptance of any payment for the Shares, and shall survive the Termination Date until the expiration of the relevant statute of limitations.
Appears in 1 contract
Samples: Selected Dealer Agreement (Behringer Harvard Opportunity REIT I, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company Company, its partners or any person controlling the Company, and (c) the acceptance of any payment for the SharesNotes.
Appears in 1 contract
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, and (c) the acceptance of any payment for the Shares.,
Appears in 1 contract
Samples: Dealer Manager Agreement (Hartman Commercial Properties Reit)
Survival of Provisions. The respective agreements, representations and warranties of the Company Company, the Advisor and the Primary Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Company, the Advisor, the Primary Dealer Manager or any Dealer or any person controlling the Company, the Advisor, the Primary Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the CompanyDealer, and (c) the acceptance of any payment for the Shares.
Appears in 1 contract
Samples: Primary Dealer Agreement (FundCore Institutional Income Trust Inc.)
Survival of Provisions. The respective agreements, covenants, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Company, the Dealer Manager or any Dealer or any person controlling the Company, the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the CompanyDealer, and (c) the acceptance of any payment for the Shares.
Appears in 1 contract
Samples: Dealer Manager Agreement (Prime Realty Income Trust, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Manager Managers set forth in this Dealer Manager Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Dealer Manager Agreement, (b) any investigation made by or on behalf of the Dealer Manager Managers or any Dealer or any person controlling the Dealer Manager Managers or any Dealer or by or on behalf of the Company or any person controlling the Company, and (c) the acceptance of any payment for the Shares.
Appears in 1 contract
Samples: Dealer Manager Agreement (Strategic Storage Trust, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company Partnership and the Dealer Manager set forth in this Dealer Manager Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Dealer Manager Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company Partnership, its partners or any person controlling the CompanyPartnership, and (c) the acceptance of any payment for the SharesUnits.
Appears in 1 contract
Samples: Dealer Manager Agreement (Wells Real Estate Fund Xiv Lp)
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, and (c) the acceptance issuance of any payment for the DRP Shares.
Appears in 1 contract
Samples: Dealer Manager Agreement (Wells Real Estate Investment Trust Inc)
