Common use of AUTHORITY TO PERFORM AGREEMENTS Clause in Contracts

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the performance of this Agreement and under the Organizational Documents or the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 34 contracts

Samples: Dealer Manager Agreement (American Realty Capital Trust, Inc.), Dealer Manager Agreement (American Realty Capital Trust, Inc.), Dealer Manager Agreement (American Realty Capital Trust, Inc.)

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AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement and under the Organizational Documents Company’s articles of incorporation (as the same may be amended, supplemented or otherwise modified from time-to-time, the “Company’s Charter”) and bylaws for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 33 contracts

Samples: Exclusive Dealer Manager Agreement (American Realty Capital New York City REIT II, Inc.), Exclusive Dealer Manager Agreement (RCS Capital Corp), Exclusive Dealer Manager Agreement (American Realty Capital - Retail Centers of America II, Inc.)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement and under the Organizational Documents Company’s articles of incorporation (as the same may be amended, supplemented or otherwise modified from time to time, the “Company’s Charter”) and bylaws for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 16 contracts

Samples: Exclusive Dealer Manager Agreement (RCS Capital Corp), Dealer Manager Agreement (American Realty Capital Trust III, Inc.), Exclusive Dealer Manager Agreement (RCS Capital Corp)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes shall use its commercially reasonable best efforts to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for it or the performance of Operating Partnership to perform their respective obligations under this Agreement and under the Organizational Documents their respective bylaws, charter or the consummation of other organizational documents (as each may be amended from time to time) and to consummate the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of to conduct the business described in the Prospectus.

Appears in 14 contracts

Samples: Soliciting Dealer Agreement (Inland Residential Properties Trust, Inc.), Selected Dealer Agreement (InPoint Commercial Real Estate Income, Inc.), Dealer Manager Agreement (IPC Alternative Real Estate Income Trust, Inc.)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement and under the Organizational Documents Company’s articles of incorporation (as the same may be amended, supplemented or otherwise modified from time to time, the “Company’s Charter”) and by-laws for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 14 contracts

Samples: Dealer Manager Agreement (Lightstone Real Estate Income Trust Inc.), Dealer Manager Agreement (Lightstone Real Estate Income Trust Inc.), Dealer Manager Agreement (United Realty Trust Inc)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement and under the Organizational Documents Articles of Amendment and Restatement in the form included as exhibits to the Registration Statement (as the same may be amended, supplemented or otherwise modified from time to time, the “Company’s Charter”) and bylaws for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 12 contracts

Samples: Dealer Manager Agreement (Terra Secured Income Trust, Inc.), Dealer Manager Agreement (Terra Income Fund 6, Inc.), Selling Agreement (MVP REIT, Inc.)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement and under the Organizational Documents or its charter and by-laws for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 11 contracts

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

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain, and shall obtain and maintain, all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement, the Advisory Agreement and under the Organizational Documents or Company’s charter and bylaws for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 9 contracts

Samples: Dealer Manager Agreement (RREEF Property Trust, Inc.), Dealer Manager Agreement (RREEF Property Trust, Inc.), Dealer Manager Agreement (RREEF Property Trust, Inc.)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes shall use its commercially reasonable best efforts to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the performance of it to perform its obligations under this Agreement and under the Organizational Documents or the consummation of and to consummate the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of to conduct the business described in the Prospectus.

Appears in 8 contracts

Samples: Dealer Manager Agreement (Inland American Real Estate Trust, Inc.), Soliciting Dealers Agreement (Inland American Real Estate Trust, Inc.), Dealer Management Agreement (Inland Diversified Real Estate Trust, Inc.)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement and under the Organizational Documents or Bylaws and the Articles of Amendment and Restatement in the form included as exhibits to the Registration Statement for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 8 contracts

Samples: Dealer Manager Agreement (Corporate Property Associates 17 - Global INC), Dealer Manager Agreement (Corporate Property Associates 17 - Global INC), Dealer Manager Agreement (Carey Watermark Investors Inc)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement and under its articles of incorporation, as the Organizational Documents same may be amended, supplemented or modified, and bylaws for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 7 contracts

Samples: Exclusive Dealer Manager Agreement (RCS Capital Corp), Exclusive Dealer Manager Agreement (Corporate Income Properties - ARC, Inc.), Exclusive Dealer Manager Agreement (American Realty Capital New York Recovery Reit Inc)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement, the Advisory Agreement and under the Organizational Documents or its charter and bylaws for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 6 contracts

Samples: Dealer Manager Agreement (O'Donnell Strategic Industrial REIT, Inc.), Dealer Manager Agreement (Sierra Income Corp), Dealer Manager Agreement (Sierra Income Corp)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement, the Advisory Agreement and under the Organizational Documents or its articles of incorporation and bylaws for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 5 contracts

Samples: Dealer Manager Agreement (Nexpoint Multifamily Realty Trust, Inc.), Dealer Manager Agreement (Nexpoint Multifamily Realty Trust, Inc.), Dealer Manager Agreement (NexPoint Hospitality Trust, Inc.)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the performance of this Agreement and under the Organizational Documents its bylaws or articles of incorporation, each as amended, or the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 4 contracts

Samples: Dealer Manager Agreement (Lightstone Value Plus Real Estate Investment Trust Ii Inc), Dealer Manager Agreement (Lightstone Value Plus Real Estate Investment Trust Ii Inc), Dealer Manager Agreement (Lightstone Value Plus Real Estate Investment Trust Ii Inc)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement and under the Organizational Documents Company’s articles of incorporation (as the same may be amended, supplemented or otherwise modified from time to time) and by-laws for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectushereby.

Appears in 4 contracts

Samples: Dealer Manager Agreement (Creative Media & Community Trust Corp), Dealer Manager Agreement (CIM Commercial Trust Corp), Dealer Manager Agreement (CIM Commercial Trust Corp)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement, the Advisory Agreement and under the Organizational Documents or its certificate of incorporation and bylaws for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 4 contracts

Samples: Dealer Manager Agreement (NexPoint Capital, Inc.), Dealer Manager Agreement (NexPoint Capital, Inc.), Dealer Manager Agreement (NexPoint Capital, Inc.)

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AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes shall use its commercially reasonable best efforts to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the performance of it to perform its obligations under this Agreement and under the Organizational Documents or the consummation of Company’s bylaws and charter (as each may be amended from time to time) and to consummate the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of to conduct the business described in the Prospectus.

Appears in 4 contracts

Samples: Dealer Manager Agreement (Inland Real Estate Income Trust, Inc.), Soliciting Dealer Agreement (Inland Monthly Income Trust, Inc.), Dealer Manager Agreement (Inland Core Assets Real Estate Trust, Inc.)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement and under Agreement, each in the Organizational Documents or form included as exhibits to the Registration Statement for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 4 contracts

Samples: Dealer Manager Agreement (Prospect Capital Corp), Dealer Manager Agreement (Prospect Capital Corp), Dealer Manager Agreement (Preferred Apartment Communities Inc)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the performance of this Agreement and under the Organizational Documents or the consummation of the to transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 3 contracts

Samples: Underwriting Agreement (American Church Mortgage Co), Underwriting Agreement (American Church Mortgage Co), Underwriting Agreement (American Church Mortgage Co)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain obtain, and maintain, all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement and under the Organizational Documents or Company’s charter and bylaws for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 3 contracts

Samples: Dealer Manager Agreement (Procaccianti Hotel Reit, Inc.), Dealer Manager Agreement (Procaccianti Hotel Reit, Inc.), Dealer Manager Agreement (Procaccianti Hotel Reit, Inc.)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement and under the Organizational Documents Articles of Amendment and Restatement in the form included as exhibits to the Registration Statement (as the same may be amended, supplemented or otherwise modified from time to time, the “Charter”) and bylaws for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 3 contracts

Samples: Selling Agreement (MVP REIT II, Inc.), Selling Agreement (MVP REIT II, Inc.), Selling Agreement (MVP REIT II, Inc.)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement, the Advisory Agreement and under the Organizational Documents or its declaration of trust for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.

Appears in 2 contracts

Samples: Dealer Manager Agreement (Sierra Total Return Fund), Dealer Manager Agreement (Sierra Total Return Fund)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the performance of this Agreement and under the Organizational Documents or the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus.. (h)

Appears in 1 contract

Samples: Inland Monthly Income Fund Iii Inc

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company's performance of this Agreement and under the Organizational Documents or Articles of Amendment and Restatement and bylaws for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the ProspectusPPM.

Appears in 1 contract

Samples: Agent Agreement (MVP REIT II, Inc.)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for (i) the Company’s performance of this Agreement and under the Organizational Documents or the consummation of the transactions contemplated hereby and thereby, respectivelyAgreement, or (ii) the conducting by the Company of the business described in the Prospectus, except for such consents, authorizations or orders which, if not obtained, do not result in and would not reasonably be expected to result in, individually or in the aggregate, a Company MAE.

Appears in 1 contract

Samples: Dealer Manager Agreement (NexPoint Real Estate Finance, Inc.)

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company's performance of this Agreement and under the Organizational Documents Company's articles of incorporation (as the same may be amended, supplemented or otherwise modified from time to time) and by-laws for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectushereby.

Appears in 1 contract

Samples: Dealer Manager Agreement (CIM Commercial Trust Corp)

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