Survival of Provisions. The respective agreements, representations and warranties of the 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 regardless of: (a) any investigation made by or on behalf of the Dealer Manager or any Participating Dealer or any person controlling the Dealer Manager or any Participating Dealer or by or on behalf of the Company, the Operating Partnership or any person controlling the Company; and (b) the delivery of payment for the Offered Shares. Following the termination of this Agreement, this Agreement will become void and there will be no liability of any party to any other party hereto, except for obligations under Sections 7, 8, 9, 10, 12, 13, 14 and 16, all of which will survive the termination of this Agreement.
Appears in 41 contracts
Samples: Dealer Manager Agreement (Steadfast Apartment REIT III, Inc.), Dealer Manager Agreement (Steadfast Apartment REIT III, Inc.), Dealer Manager Agreement (Steadfast Apartment REIT III, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the CompanyCorporation, the Operating Partnership, Adviser and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect until the Termination Date regardless of: (a) any investigation made by or on behalf of the Dealer Manager or any Participating Selected Dealer or any person controlling the Dealer Manager or any Participating Selected Dealer or by or on behalf of the CompanyCorporation, the Operating Partnership Adviser or any person controlling the CompanyCorporation; and (b) the delivery of payment for the Offered Shares. Following the termination of this Agreement, this Agreement will become void and there will be no liability of any party to any other party hereto, except for obligations under Sections 5, 6, 7, 8, 9, 10, 12, 13, 14 11 and 1615, all of which will survive the termination of this Agreement.
Appears in 12 contracts
Samples: Dealer Manager Agreement (FS Investment Corp IV), Dealer Manager Agreement (FS Investment Corp IV), Dealer Manager Agreement (FS Investment Corp IV)
Survival of Provisions. The respective agreements, representations and warranties of the 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 regardless of: (a) any investigation made by or on behalf of the Dealer Manager or any Participating Dealer or any person controlling the Dealer Manager or any Participating Dealer or by or on behalf of the Company, the Operating Partnership or any person controlling the Company; and (b) the delivery of payment for the Offered Shares. Following the termination of this Agreement, this Agreement will become void and there will be no liability of any party to any other party hereto, except for obligations under Sections 5, 6, 7, 8, 9, 10, 12, 13, 14 11 and 1614, all of which will survive the termination of this Agreement.
Appears in 10 contracts
Samples: Dealer Manager Agreement (Green Realty Trust, Inc.), Dealer Manager Agreement (Paladin Realty Income Properties Inc), Dealer Manager Agreement (Moody National REIT I, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company, the Operating PartnershipAdviser, and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect until the Termination Date regardless of: (a) any investigation made by or on behalf of the Dealer Manager or any Participating Selected Dealer or any person controlling the Dealer Manager or any Participating Selected Dealer or by or on behalf of the Company, the Operating Partnership Adviser or any person controlling the Company; and (b) the delivery of payment for the Offered Shares. Following the termination of this Agreement, this Agreement will become void and there will be no liability of any party to any other party hereto, except for obligations under Sections 5, 6, 7, 8, 9, 10, 12, 13, 14 11 and 1615, all of which will survive the termination of this Agreement.
Appears in 9 contracts
Samples: Dealer Manager Agreement (VII Peaks Co-Optivist Income BDC II, Inc.), Dealer Manager Agreement (VII Peaks-KBR Co-Optivist Income BDC II, Inc.), Dealer Manager Agreement (Keating Capital Inc)
Survival of Provisions. The respective agreements, representations and warranties of the Company, the Operating PartnershipAdviser, and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect until the Termination Date regardless of: (a) any investigation made by or on behalf of the Dealer Manager or any Participating Dealer or any person controlling the Dealer Manager or any Participating Dealer or by or on behalf of the Company, the Operating Partnership Adviser or any person controlling the Company; and (b) the delivery of any Offered Shares and payment for the Offered Sharestherefor. Following the termination of this Agreement, this Agreement will become void and there will be no liability of any party to any other party hereto, except for obligations under Sections 5, 6, 7, 8, 9, 10, 1211, 13, 14 and 1615, all of which will survive the termination of this Agreement and any Participation Dealer Agreement.
Appears in 8 contracts
Samples: Dealer Manager Agreement (TP Flexible Income Fund, Inc.), Dealer Manager Agreement (TP Flexible Income Fund, Inc.), Dealer Manager Agreement (Triton Pacific Investment Corporation, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the CompanyCorporation, the Operating Partnership, Adviser and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect until the Termination Date regardless of: (a) 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 CompanyCorporation, the Operating Partnership Adviser or any person controlling the CompanyCorporation; and (b) the delivery of payment for the Offered Shares. Following the termination of this Agreement, this Agreement will become void and there will be no liability of any party to any other party hereto, except for obligations under Sections 5, 6, 7, 8, 9, 10, 12, 13, 14 11 and 1615, all of which will survive the termination of this Agreement.
Appears in 6 contracts
Samples: Dealer Manager Agreement (Owl Rock Technology Income Corp.), Dealer Manager Agreement (Owl Rock Technology Income Corp.), Dealer Manager Agreement (Owl Rock Technology Income Corp.)
Survival of Provisions. The respective agreements, representations and warranties of the 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 termination of this Agreement regardless of: (a) any investigation made by or on behalf of the Dealer Manager or any Participating Dealer or any person controlling the Dealer Manager or any Participating Dealer or by or on behalf of the Company, the Operating Partnership or any person controlling the Company; and (b) the delivery of payment for the Offered Shares. Following the termination of this Agreement, this Agreement will become void and there will be no liability of any party to any other party hereto, except for obligations under Sections 7, 8, 9, 10, 12, 13, 14 and 16, all of which will survive the termination of this Agreement.
Appears in 6 contracts
Samples: Dealer Manager Agreement (Moody National REIT II, Inc.), Dealer Manager Agreement (Moody National REIT II, Inc.), Dealer Manager Agreement (Moody National REIT II, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the 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 regardless of: (a) 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, the Operating Partnership or any person controlling the Company; and (b) the delivery of payment for the Offered Shares. Following the termination of this Agreement, this Agreement will become void and there will be no liability of any party to any other party hereto, except for obligations under Sections 7, 8, 9, 1011, 12, 13, 14 13 and 1615, all of which will survive the termination of this Agreement.
Appears in 6 contracts
Samples: Dealer Manager Agreement (Clarion Partners Property Trust Inc.), Dealer Manager Agreement (Clarion Partners Property Trust Inc.), Dealer Manager Agreement (Clarion Property Trust Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company, the Operating Partnership, Adviser and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect until the Termination Date regardless of: (a) any investigation made by or on behalf of the Dealer Manager or any Participating Selected Dealer or any person controlling the Dealer Manager or any Participating Selected Dealer or by or on behalf of the Company, the Operating Partnership Adviser or any person controlling the Company; and (b) the delivery of payment for the Offered Shares. Following the termination of this Agreement, this Agreement will become void and there will be no liability of any party to any other party hereto, except for obligations under Sections 5, 6, 7, 8, 9, 10, 12, 13, 14 11 and 1615, all of which will survive the termination of this Agreement.
Appears in 5 contracts
Samples: Dealer Manager Agreement (FS Credit Real Estate Income Trust, Inc.), Dealer Manager Agreement (FS Credit Real Estate Income Trust, Inc.), Dealer Manager Agreement (FS Credit Real Estate Income Trust, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company, the Operating Partnership, and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect until the Offering Termination Date regardless of: (a) any investigation made by or on behalf of the Dealer Manager or any Participating Dealer or any person controlling the Dealer Manager or any Participating Dealer or by or on behalf of the Company, the Operating Partnership or any person controlling the Company; and (b) the delivery of payment for the Offered Shares. Following the termination of this Agreement, this Agreement will become void and there will be no liability of any party to any other party hereto, except for obligations under Sections 5, 6, 7, 8, 9, 10, 12, 13, 14 11 and 1614, all of which will survive the termination of this Agreement.
Appears in 4 contracts
Samples: Dealer Manager Agreement (Paladin Realty Income Properties Inc), Dealer Manager Agreement (Paladin Realty Income Properties Inc), Dealer Manager Agreement (Paladin Realty Income Properties Inc)
Survival of Provisions. The respective agreements, representations and warranties of the 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 regardless of: (a) any investigation made by or on behalf of the Dealer Manager or any Participating Dealer or any person controlling the Dealer Manager or any Participating Dealer or by or on behalf of the Company, the Operating Partnership or any person controlling the Company; and (b) the delivery of payment for the Offered Shares. Following the termination of this Agreement, this Agreement will become void and there will be no liability of any party to any other party hereto, except for obligations under Sections 6, 7, 8, 9, 10, 1211, 13, 14 12 and 1615, all of which will survive the termination of this Agreement.
Appears in 4 contracts
Samples: Dealer Manager Agreement (Paladin Realty Income Properties Inc), Dealer Manager Agreement (Paladin Realty Income Properties Inc), Dealer Manager Agreement (Paladin Realty Income Properties Inc)
Survival of Provisions. The respective agreements, representations and warranties of the 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 regardless of: (a) 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, the Operating Partnership or any person controlling the Company; and (b) the delivery of payment for the Offered SharesUnits. Following the termination of this Agreement, this Agreement will become void and there will be no liability of any party to any other party hereto, except for obligations under Sections 7, 8, 9, 10, 12, 13, 14 and 16, all of which will survive the termination of this Agreement.
Appears in 3 contracts
Samples: Dealer Manager Agreement (Bluerock Residential Growth REIT, Inc.), Dealer Manager Agreement (Bluerock Residential Growth REIT, Inc.), Dealer Manager Agreement (Bluerock Residential Growth REIT, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the CompanyCorporation, the Operating PartnershipAdviser, and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect until the Termination Date regardless of: (a) any investigation made by or on behalf of the Dealer Manager or any Participating Selected Dealer or any person controlling the Dealer Manager or any Participating Selected Dealer or by or on behalf of the CompanyCorporation, the Operating Partnership Adviser or any person controlling the CompanyCorporation; and (b) the delivery of payment for the Offered Shares. Following the termination of this Agreement, this Agreement will become void and there will be no liability of any party to any other party hereto, except for obligations under Sections 5, 6, 7, 8, 9, 10, 12, 13, 14 11 and 1615, all of which will survive the termination of this Agreement.
Appears in 2 contracts
Samples: Dealer Manager Agreement (FS Investment Corp II), Dealer Manager Agreement (FS Investment Corp II)
Survival of Provisions. The respective agreements, representations and warranties of the Company, the Operating Partnership, Dealer Manager and the Dealer Manager Dealers set forth in this Agreement shall remain operative and in full force and effect until the Termination Date termination or expiration date of this Agreement regardless of: of (a) any investigation made by or on behalf of the Dealer Manager or any Participating Dealer or any person controlling the Dealer Manager or any Participating Dealer or by or on behalf of the Company, the Operating Partnership Company or any person controlling the Company; , and (b) the delivery acceptance of any payment for the Offered Shares. Following Effective as of the termination of this AgreementAgreement or its expiration date, this Agreement will become void and there will be no liability further obligation hereunder of any party to any other party hereto, except for that the obligations under Sections 74, 5, 6, 8, 914, 1015, 12, 13, 14 and 16, all of which will survive the termination 17 and 18 of this AgreementAgreement shall survive.
Appears in 2 contracts
Samples: Dealer Manager Agreement (Prospect Floating Rate & Alternative Income Fund, Inc.), Dealer Manager Agreement (Priority Income Fund, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company, the Operating Partnership, and the Dealer Manager Distributor set forth in this Agreement shall remain operative and in full force and effect until the Termination Date regardless of: (a) any investigation made by or on behalf of the Dealer Manager Distributor or any Participating Dealer or any person controlling the Dealer Manager Distributor or any Participating Dealer or by or on behalf of the Company, the Operating Partnership or any person controlling the Company; and (b) the delivery of payment for the Offered Shares. Following the termination of this Agreement, this Agreement will become void and there will be no liability of any party to any other party hereto, except for obligations under Sections 7, 8, 9, 10, 12, 13, 14 and 16, all of which will survive the termination of this Agreement.
Appears in 2 contracts
Samples: Distribution Agreement (NorthEnd Income Property Trust Inc.), Distribution Agreement (NorthEnd Income Property Trust Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the 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 regardless of: (a) 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, the Operating Partnership or any person controlling the Company; and (b) the delivery of payment for the Offered Shares. Following the termination of this Agreement, this Agreement will become void and there will be no liability of any party to any other party hereto, except for obligations under Sections 7, 8, 9, 10, 12, 13, 14 and 16, all of which will survive the termination of this Agreement.
Appears in 1 contract
Samples: Dealer Manager Agreement (Bluerock Residential Growth REIT, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company, the Operating PartnershipAdviser, and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect until the Termination Date regardless of: (a) any investigation made by or on behalf of the Dealer Manager or any Participating Dealer or any person controlling the Dealer Manager or any Participating Dealer or by or on behalf of the Company, the Operating Partnership Adviser or any person controlling the Company; and (b) the delivery of any Offered Shares and payment for the Offered Sharestherefor. Following the termination of this Agreement, this Agreement will become void and there will be no liability of any party to any other party hereto, except for obligations under Sections 5, 6, 7, 8, 9, 10, 1211, 13, 14 and 1615, all of which will survive the termination of this Agreement and any Participation Dealer Agreement.. Prospect Flexible Income Fund, Inc. Dealer Manager Agreement Page 13 of 32
Appears in 1 contract
Samples: Dealer Manager Agreement (Prospect Flexible Income Fund, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company, the Operating Partnership, Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect until the Termination Date date this Agreement is terminated regardless of: (a) 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, the Operating Partnership Company or any person controlling the Company; and (b) the delivery of payment for the Offered Shares. Following the termination of this Agreement, this Agreement will become void and there will be no liability of any party to any other party hereto, except for obligations under Sections 7, 8, 9, 10, 12, 13, 14 and 16, all of which will survive the termination of this Agreement.
Appears in 1 contract
Samples: Dealer Manager Agreement (Bluerock Homes Trust, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the 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 regardless of: (a) 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, the Operating Partnership Company or any person controlling the Company; and (b) the delivery of payment for the Offered Shares. Following the termination of this Agreement, this Agreement will become void and there will be no liability of any party to any other party hereto, except for obligations under Sections 7, 8, 9, 10, 12, 13, 14 and 16, all of which will survive the termination of this Agreement.
Appears in 1 contract
Samples: Dealer Manager Agreement (Jones Lang LaSalle Income Property Trust, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the 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 regardless of: (a) any investigation made by or on behalf of the Dealer Manager or any Participating Dealer or any person controlling the Dealer Manager or any Participating Dealer or by or on behalf of the Company, the Operating Partnership or any person controlling the Company; and (b) the delivery of payment for the Offered Shares. Following the termination of this Agreement, this Agreement will become void and there will be no liability of any party to any other party hereto, except for obligations under Sections 7, 8, 9, 10, 12, 13, 14 and 16, all of which will survive the termination of this Agreement.
Appears in 1 contract
Samples: Dealer Manager Agreement (NorthStar/RXR New York Metro Income, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company, the Operating Partnership, Adviser and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect until the Termination Date regardless of: of (ai) any investigation made by or on behalf of the Dealer Manager or any Participating Dealer Broker‑Dealer or any person controlling the Dealer Manager or any Participating Broker-Dealer or by or on behalf of the Company, the Operating Partnership Company or any person controlling the Company; , and (bii) the delivery of payment for the Offered Shares. Following the termination of this Agreement, this Agreement will become void and there will be no liability of any party to any other party hereto, except for the obligations under Sections 7, 8, 6 to 9, 1011 to 16, 12, 13, 14 19 and 1620, all of which will survive the termination of this Agreement.
Appears in 1 contract
Samples: Dealer Manager Agreement (Fortress Credit Realty Income Trust)
Survival of Provisions. The respective agreements, representations and warranties of the Company, the Operating Partnership, Adviser and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect until the Termination Date regardless of: of (ai) 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, the Operating Partnership Company or any person controlling the Company; , and (bii) the delivery of payment for the Offered Shares. Following the termination of this Agreement, this Agreement will become void and there will be no liability of any party to any other party hereto, except for the obligations under Sections 7, 8, 6 to 9, 1011 to 16, 12, 13, 14 19 and 1620, all of which will survive the termination of this Agreement.
Appears in 1 contract
Survival of Provisions. The respective agreements, representations and warranties of the Company, the Operating Partnership, 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: (a) 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, the Operating Partnership or any person controlling the Company; and (b) the delivery of payment for the Offered Shares. Following the termination of this Agreement, this Agreement will become void and there will be no liability of any party to any other party hereto, except for obligations under Sections 7, 8, 9, 10, 12, 13, 14 (including the sections referenced therein for purposes of such surviving section), 16, 17, 18, 19, 21 and 1623, all of which will survive the termination of this Agreement.
Appears in 1 contract
Samples: Dealer Manager Agreement (RREEF Property Trust, Inc.)