Common use of Appointment of the Placement Agent Clause in Contracts

Appointment of the Placement Agent. The Fund hereby appoints the Agent as its agent to place and to arrange for the placement of the Fund’s Shares (intended to primarily occur through brokers (each a “Sub-Placement Agent” and collectively, the “Sub-Placement Agents”) with whom the Agent has entered into or will enter into a sub-placement agent agreement related to the distribution of Shares (each, a “Sub-Placement Agent Agreement” or “Broker”), on the terms and for the period set forth in this Agreement, and the Agent xxxxxx accepts such appointment and agrees to act hereunder. This appointment is non-exclusive, and the Fund may appoint at any time and from time to time other placement agents in its sole discretion. Subject both to the performance in all material respects by the Fund of its obligations under this Agreement and to the completeness and accuracy in all material respects of all of the representations and warranties of the Fund contained in this Agreement, the Agent hereby accepts such agency and agrees on the terms and conditions set forth in this Agreement to use its best efforts to find qualified subscribers for Shares and to enter into Sub-Placement Agent Agreements as may be directed by the Fund in such forms as may be agreed to between the parties. The Agent will not have any liability to the Fund in the event that any subscriber fails to consummate the purchase of Shares in the Fund for any reason other than the Agent’s willful misconduct or gross negligence.

Appointment of the Placement Agent. The Fund hereby appoints the Agent MSDI as its agent to place and to arrange for the placement of the Fund’s Shares Units (intended to primarily occur through brokers (each a “Sub-Placement Agent” and collectively, the “Sub-Placement Agents”) with whom the Agent MSDI has entered into or will enter into a sub-placement agent agreement related to the distribution of Shares Units (each, a “Sub-Placement Agent Agreement” or “Broker”), on the terms and for the period set forth in this Agreement, and the Agent xxxxxx MSDI hereby accepts such appointment and agrees to act hereunder. This appointment is non-exclusive, and the Fund may appoint at any time and from time to time other placement agents in its sole discretion. Subject both to the performance in all material respects by the Fund of its obligations under this Agreement and to the completeness and accuracy in all material respects of all of the representations and warranties of the Fund contained in this Agreement, the Agent MSDI hereby accepts such agency and agrees on the terms and conditions set forth in this Agreement to use its best efforts to find qualified subscribers for Shares Units and to enter into Sub-Placement Agent Agreements as may be directed by the Fund in such forms as may be agreed to between the parties. The Agent MSDI will not have any liability to the Fund in the event that any subscriber fails to consummate the purchase of Shares Units in the Fund for any reason other than the AgentMSDI’s willful misconduct or gross negligence.

Appointment of the Placement Agent. The Fund hereby appoints the Agent MSDI as its agent to place and to arrange for the direct or indirect placement of the Fund’s Shares 's Units (intended to primarily occur through brokers (each a “"Sub-Placement Agent” " and collectively, the “"Sub-Placement Agents”") with whom the Agent MSDI has entered into or will enter into a sub-placement agent agreement or services agreement related to the distribution of Shares Units (each, a “"Sub-Placement Agent Agreement” " or “"Broker”"), on the terms and for the period set forth in this Agreement, and the Agent MSDI xxxxxx accepts such appointment and agrees to act hereunder. This appointment is non-exclusive, and the Fund may appoint at any time and from time to time other placement agents in its sole discretion. Subject both to the performance in all material respects by the Fund of its obligations under this Agreement and to the completeness and accuracy in all material respects of all of the representations and warranties of the Fund contained in this Agreement, the Agent MSDI hereby accepts such agency and agrees on the terms and conditions set forth in this Agreement to use its best efforts to find qualified subscribers for Shares Units and to enter into Sub-Placement Agent Agreements as may be directed by the Fund in such forms as may be agreed to between the parties. The Agent MSDI will not have any liability to the Fund in the event that any subscriber fails to consummate the purchase of Shares Units in the Fund for any reason other than the Agent’s MSDI's willful misconduct or gross negligence.