Advertising and Sales Materials. All advertising and supplemental sales literature prepared or approved by the Company or Bluerock Enhanced Multifamily Advisor, LLC, a Delaware limited liability company that serves as the Company’s advisor pursuant to the terms of an advisory agreement (the “Advisor”), whether designated solely for “broker-dealer use only” or otherwise, to be used or delivered by the Company, the Advisor or the Dealer Manager in connection with the Offering (the “Authorized Sales Materials”), will not contain any untrue statement of material fact or omit to state a material fact required to be stated therein, in light of the circumstances under which they were made and in conjunction with the Prospectus delivered therewith, not misleading. Furthermore, all such Authorized Sales Materials will have received all required regulatory approval, which may include, but is not limited to, the Commission and state securities agencies, as applicable, prior to use, except where the failure to obtain such approval would not, individually or in the aggregate, result in a Material Adverse Effect.
Advertising and Sales Materials. All advertising and supplemental sales literature prepared or approved by the Company, whether designated solely for “broker-dealer use only” or otherwise and regardless of how labeled or described, to be used in connection with the Offering that has been, or hereafter is, delivered by the Company or the Dealer Manager in connection with the Offering (the “Authorized Sales Materials”) do not contain any untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. Furthermore, all such Authorized Sales Materials shall be filed with, and will have received all required regulatory approval, which may include, but is not limited to, approval from all appropriate securities agencies and bodies, provided that the Dealer Manager will make all FINRA filings, to the extent required. The Company is responsible for the content of all Authorized Sales Materials.
Advertising and Sales Materials. All advertising and supplemental sales literature to be used or delivered by the Dealer Manager in connection with the Offering, whether designated solely for “broker-dealer use only” or otherwise (the “Authorized Sales Materials”) that is prepared by the Company or CPT Advisors LLC, a Delaware limited liability company that serves as the Company’s advisor pursuant to the terms of an advisory agreement (the “Advisor”), (a) will be delivered to the Dealer Manager prior to use for the Dealer Manager’s approval, such approval not to be unreasonably withheld or delayed, and (b) will not contain any untrue statement of material fact or omit to state a material fact required to be stated therein, in light of the circumstances under which they were made and in conjunction with the Prospectus delivered therewith, not misleading.
Advertising and Sales Materials. All advertising and supplemental sales literature to be used by the Dealer Manager in connection with the Offering, whether designated solely for “broker-dealer use only” or otherwise and regardless of how labeled or described (the “Authorized Sales Materials”), that is prepared by or on behalf of the Company or RREEF America L.L.C., a Delaware limited liability company that serves as the Company’s advisor (the “Advisor”) pursuant to the terms of an advisory agreement by and between the Company, the Operating Partnership and the Advisor (the “Advisory Agreement”), when taken together with the Prospectus, will not contain any untrue statement of material fact or omit to state a material fact required to be stated therein, in the light of the circumstances under which they were made, not misleading. Furthermore, prior to its first use, all such Authorized Sales Materials shall be filed with, and will have received all required regulatory approval, which may include, but is not limited to approval from the SEC all appropriate state securities agencies and bodies, provided that the Dealer Manager will make all required FINRA filings and receive all required FINRA approvals for such materials. The Company is responsible for the content of all Authorized Sales Materials, subject to the Dealer Manager’s obligations pursuant to Section 7.3 of this Agreement.
Advertising and Sales Materials. All advertising and supplemental sales literature prepared or approved by the Fund, the Adviser, or the Sub-Adviser, whether designated solely for “broker-dealer use only” or otherwise, to be used or delivered by the Fund, the Adviser, the Sub-Adviser, or the Dealer Manager in connection with the Offering (the “Authorized Sales Materials”) will not contain any untrue statement of material fact or omit to state a material fact required to be stated therein or to make the statements therein, in light of the circumstances under which they were made and in conjunction with the Prospectus delivered therewith, not misleading.
Advertising and Sales Materials. All advertising and supplemental sales literature prepared or approved by the Company, whether designated solely for “broker-dealer use only” or otherwise, to be used or delivered by the Company or the Dealer Manager in connection with the Offering (the “Authorized Sales Materials”), will not contain any untrue statement of material fact or omit to state a material fact required to be stated therein, in light of the circumstances under which they were made and in conjunction with the Prospectus delivered therewith, not misleading. Furthermore, all such Authorized Sales Materials will have received all required regulatory approval, which may include, but is not limited to, the Commission and state securities agencies, as applicable, prior to use, except where the failure to obtain such approval would not, individually or in the aggregate, result in a Material Adverse Effect.
Advertising and Sales Materials. All advertising and supplemental sales literature prepared or approved by the Company, whether designated solely for “broker-dealer use only” or otherwise and regardless of how labeled or described, to be used in connection with the Offering that has been, or hereafter is, delivered by the Company or the Dealer Manager in connection with the Offering (the “Authorized Sales Materials”) do not contain any untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.
Advertising and Sales Materials. All advertising and supplemental sales literature prepared or approved by the Company or NSAM J-NS/RXR Ltd, a Jersey, Channel Islands company that serves as the Company’s advisor pursuant to the terms of an advisory agreement (the “Advisor”), whether designated solely for “broker-dealer use only” or otherwise, to be used or delivered by the Company, the Advisor, RXR NTR Sub-Advisor, LLC, a Delaware limited liability company that serves as the Company’s sub-advisor pursuant to the terms of a sub-advisory agreement (the “Sub-Advisor”), or the Dealer Manager in connection with the Offering (the “Authorized Sales Materials”) will not contain any untrue statement of material fact or omit to state a material fact required to be stated therein or to make the statements therein, in light of the circumstances under which they were made and in conjunction with the Prospectus delivered therewith, not misleading.
Advertising and Sales Materials. All advertising and supplemental sales literature to be used or delivered by the Dealer Manager in connection with the Offering, whether designated solely for “broker-dealer use only” or otherwise (the “Authorized Sales Materials”) that is prepared by the Company or LaSalle Investment Management, Inc., a Maryland corporation that serves as the Company’s advisor pursuant to the terms of an advisory agreement, or any successor entity to LaSalle Investment Management, Inc. (the “Advisor”), (a) will be delivered to the Dealer Manager prior to use for the Dealer Manager’s approval, such approval not to be unreasonably withheld or delayed, and (b) when taken together with the Prospectus, will not contain any untrue statement of material fact or omit to state a material fact required to be stated therein, in light of the circumstances under which they were made, not misleading.
Advertising and Sales Materials. Neither SLDI nor any of its Associated Persons shall use any advertising, sales literature, marketing materials, performance data, promotional materials or other written document or communication with any customer, any other broker-dealer or any member of the public, that uses the name of Southwestern unless those materials have been approved, in advance, by Southwestern and unless those materials have been filed and approved in every jurisdiction in which such filing and approval is required.
