Common use of Term; Expiration Clause in Contracts

Term; Expiration. This Agreement shall become effective on the initial Effective Date and the obligations of the parties hereunder shall not commence until the initial Effective Date; provided, however, that the obligations of the parties under Sections 3(e), 3(f), 7, 8, 9 and 11 and this Section 10 shall commence on, and shall be effective as of, the date that this Agreement is executed. Unless earlier terminated pursuant to Section 10(b) or 10(c), this Agreement shall expire at the end of the Offering Period (subject to reinstatement of the Offering Period pursuant to the provisions of Section 3). This Agreement (i) may be earlier terminated by the Company pursuant to Section 10(b), and (ii) may be earlier terminated by the Dealer Manager pursuant to Section 10(c). Notwithstanding the foregoing and anything herein to the contrary, any reinstatement of the Offering Period pursuant to the provisions of Section 3 shall be deemed to rescind any expiration of this Agreement. Any such reinstatement of the Offering Period shall not affect the ability of the Company or the Dealer Manager subsequently to terminate this Agreement pursuant to Section 10(b) or 10(c), respectively. The date upon which this Agreement shall have expired or been terminated earlier shall be referred to in this Agreement as the “Termination Date”.

Appears in 4 contracts

Samples: Exclusive Dealer Manager Agreement (RCS Capital Corp), Exclusive Dealer Manager Agreement (Business Development Corp of America), Exclusive Dealer Manager Agreement (Business Development Corp of America)

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Term; Expiration. This Agreement shall be deemed to have become effective on the initial Effective Date and the obligations of the parties hereunder shall not commence until the initial Effective Date; provided, however, that the obligations of the parties under Sections 3(e), 3(f), 7, 8, 9 9, 10 and 11 12 and this Section 10 11 shall commence be deemed to have commenced on, and shall be deemed effective as ofof January 11, the date that this Agreement is executed2010. Unless earlier terminated pursuant to Section 10(b11(b) or 10(c11(c), this Agreement shall expire at the end of the Offering Period (subject to reinstatement of the Offering Period pursuant to the provisions of Section 3). This Agreement (i) may be earlier terminated by the Company pursuant to Section 10(b11(b), and (ii) may be earlier terminated by the Dealer Manager pursuant to Section 10(c11(c). Notwithstanding the foregoing and anything herein to the contrary, any reinstatement of the Offering Period pursuant to the provisions of Section 3 shall be deemed to rescind any expiration of this Agreement. Any such reinstatement of the Offering Period shall not affect the ability of the Company or the Dealer Manager subsequently to terminate this Agreement pursuant to Section 10(b11(b) or 10(c11(c), respectively. The date upon which this Agreement shall have expired or been terminated earlier shall be referred to in this Agreement as the “Termination Date”.

Appears in 3 contracts

Samples: Exclusive Dealer Manager Agreement (RCS Capital Corp), Exclusive Dealer Manager Agreement (Phillips Edison - ARC Shopping Center REIT Inc.), Exclusive Dealer Manager Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)

Term; Expiration. This Agreement shall become effective on the initial Effective Date and the obligations of the parties hereunder shall not commence until the initial Effective Date; provided, however, that the obligations of the parties under Sections 3(e), 3(f), 7, 8, 9 9, 10 and 11 12 and this Section 10 11 shall commence on, and shall be effective as of, the date that this Agreement is executed. Unless earlier terminated pursuant to Section 10(b11(b) or 10(c11(c), this Agreement shall expire at the end of the Offering Period (subject to reinstatement of the Offering Period pursuant to the provisions of Section 3). This Agreement (i) may be earlier terminated by the Company pursuant to Section 10(b11(b), and (ii) may be earlier terminated by the Dealer Manager pursuant to Section 10(c11(c). Notwithstanding the foregoing and anything herein to the contrary, any reinstatement of the Offering Period pursuant to the provisions of Section 3 shall be deemed to rescind any expiration of this Agreement. Any such reinstatement of the Offering Period shall not affect the ability of the Company or the Dealer Manager subsequently to terminate this Agreement pursuant to Section 10(b11(b) or 10(c11(c), respectively. The date upon which this Agreement shall have expired or been terminated earlier shall be referred to in this Agreement as the “Termination Date”.

Appears in 3 contracts

Samples: Exclusive Dealer Manager Agreement (Phillips Edison - ARC Shopping Center REIT Inc.), Exclusive Dealer Manager Agreement (Phillips Edison - ARC Shopping Center REIT Inc.), Exclusive Dealer Manager Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)

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Term; Expiration. This Agreement shall become effective on the initial Effective Date and the obligations of the parties hereunder shall not commence until the initial Effective Date; provided, however, that the obligations of the parties under Sections 3(e), 3(f), 7, 8, 9 and 11 and this Section 10 shall commence on, and shall be effective as of, the date that this Agreement is executed. Unless earlier terminated pursuant to Section 10(b) or 10(c), this Agreement shall expire at the end of the Offering Period (subject to reinstatement of the Offering Period pursuant to the provisions of Section 3). This Agreement (i) may be earlier terminated by the Company pursuant to Section 10(b), and (ii) may be earlier terminated by the Dealer Manager pursuant to Section 10(c). Notwithstanding the foregoing and anything herein to the contrary, any reinstatement of the Offering Period pursuant to the provisions of Section 3 shall be deemed to rescind any expiration of this Agreement. Any such reinstatement of the Offering Period shall not affect the ability of the Company or the Dealer Manager subsequently to terminate this Agreement pursuant to Section 10(b) or 10(c), respectively. The date upon which this Agreement shall have expired or been terminated earlier shall be referred to in this Agreement as the “Termination Date”.

Appears in 1 contract

Samples: Exclusive Dealer Manager Agreement (Business Development Corp of America)

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