Xxxxxxx Xxxxx’x Undertaking to Not Facilitate a Secondary Market in the Shares. Xxxxxxx Xxxxx acknowledges that there is no public trading market for the Shares and that there are limits on the ownership, transferability and redemption of the Shares, which significantly limit the liquidity of an investment in the Shares. Xxxxxxx Xxxxx also acknowledges that the Company’s share redemption program for the Shares (the “Program”) provides only a limited opportunity for investors to have their Shares redeemed by the Company and that the Company’s board of directors may, in its sole discretion, amend, suspend, or terminate the Program at any time in accordance with the terms of the Program. Xxxxxxx Xxxxx further acknowledges that the Company is obligated to immediately terminate the Program if the Shares are listed on a national securities exchange or if a secondary market in the Shares is otherwise established. Xxxxxxx Xxxxx hereby agrees that so long as the Company is offering Shares under a registration statement filed with the Commission (including any follow-on offering of the Shares) and the Company has not listed the Shares on a national securities exchange, Xxxxxxx Xxxxx will not engage in any action or transaction that would facilitate or otherwise create the appearance of a secondary market in the Shares without the prior written approval of the Dealer Manager.
Appears in 4 contracts
Samples: Selected Dealer Agreement (Dividend Capital Diversified Property Fund Inc.), Selected Dealer Agreement (Dividend Capital Diversified Property Fund Inc.), Selected Dealer Agreement (Dividend Capital Diversified Property Fund Inc.)
Xxxxxxx Xxxxx’x Undertaking to Not Facilitate a Secondary Market in the Shares. Xxxxxxx Xxxxx acknowledges that there is no public trading market for the Shares and that there are limits on the ownership, transferability and redemption of the Shares, which significantly limit the liquidity of an investment in the Shares. Xxxxxxx Xxxxx also acknowledges that the Company’s 's share redemption program for the Shares (the “"Program”") provides only a limited opportunity for investors to have their Shares redeemed by the Company and that the Company’s 's board of directors may, in its sole discretion, amend, suspend, or terminate the Program at any time in accordance with the terms of the Program. Xxxxxxx Xxxxx further acknowledges that the Company is obligated to immediately terminate the Program if the Shares are listed on a national securities exchange or if a secondary market in the Shares is otherwise established. Xxxxxxx Xxxxx hereby agrees that so long as the Company is offering Shares under a registration statement filed with the Commission (including any follow-on offering of the Shares) and the Company has not listed the Shares on a national securities exchange, Xxxxxxx Xxxxx will not engage in any action or transaction that would facilitate or otherwise create the appearance of a secondary market in the Shares without the prior written approval of the Dealer Manager.
Appears in 1 contract
Samples: Selected Dealer Agreement (Dividend Capital Diversified Property Fund Inc.)