Common use of Compliance with Securities Laws and Regulations Clause in Contracts

Compliance with Securities Laws and Regulations. The Company will: (a) use commercially reasonable efforts to cause the Registration Statement and any subsequent amendments thereto to become effective as promptly as possible; (b) promptly advise the Dealer Manager (i) of the receipt of any comments of, or requests for additional or supplemental information from, the SEC, (ii) of the time and date of any filing of any pre-effective or post-effective amendment to the Registration Statement or any amendment or supplement to the Prospectus, and (iii) of the time and date that any post-effective amendment to the Registration Statement becomes effective; (c) timely file every amendment or supplement to the Registration Statement or the Prospectus that may be required by the SEC or under the Securities Act; and (d) if at any time the SEC shall issue any stop order suspending the effectiveness of the Registration Statement, it will promptly notify the Dealer Manager and, to the extent the Company determines such action is in the best interest of the Company, use its commercially reasonable efforts to obtain the lifting of such order at the earliest possible time. In case the Dealer Manager is required to deliver a Prospectus in connection with sales of any of the Primary Shares at any time nine months or more after the Effective Date, upon the Dealer Manager’s request, the Company will, at its expense, prepare and deliver to the Dealer Manager as many copies as the Dealer Manager may reasonably request of an amended or supplemented Prospectus complying with Section 10(a)(3) of the Securities Act.

Appears in 9 contracts

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

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Compliance with Securities Laws and Regulations. The Company will: (a) use commercially reasonable efforts to cause the Registration Statement and any subsequent amendments thereto to become effective as promptly as possible; (b) promptly advise furnish the Dealer Manager with a copy of (i) of the receipt of any comments of, or requests for additional or supplemental information from, from the SEC, SEC or any state securities administrator and (ii) of the time and date of any filing of any pre-effective or proposed post-effective amendment to the Registration Statement or any proposed amendment or supplement to the Prospectus, ; and (iii) of the time and date that any post-effective amendment to the Registration Statement becomes effective; (c) timely file every amendment or supplement to the Registration Statement or the Prospectus that may be required by the SEC or under the Securities Act; and (d) if at any time the SEC shall issue any stop order or any other order preventing or suspending the effectiveness of the Registration StatementStatement or the use of the Prospectus, it or shall institute any proceeding for that purpose, then, the Company will promptly notify the Dealer Manager and, to the extent the Company board of directors of the Company, including a majority of the independent directors, determines that such action is in the best interest of the Company, (y) use its commercially reasonable efforts to prevent the issuance of any such order, and (z) if any such order is issued, to obtain the lifting or removal of such order at as promptly as possible. Prior to amending or supplementing the earliest possible time. In case Registration Statement, any preliminary prospectus or the Dealer Manager is required to deliver a Prospectus in connection with sales (including any amendment or supplement through incorporation of any of report filed under the Primary Shares at any time nine months or more after the Effective Date, upon the Dealer Manager’s requestExchange Act), the Company will, at its expense, prepare and deliver shall furnish to the Dealer Manager as many copies as for its review, a reasonable period of time prior to the Dealer Manager may reasonably request proposed time of an amended filing or supplemented Prospectus complying with Section 10(a)(3) use thereof, a copy of the Securities Acteach such proposed amendment or supplement.

Appears in 9 contracts

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

Compliance with Securities Laws and Regulations. The Company will: (a) use commercially reasonable efforts to cause the Registration Statement and any subsequent amendments thereto to become effective as promptly as possible; (b) promptly advise furnish the Dealer Manager with a copy of (i) of the receipt of any comments of, or requests for additional or supplemental information from, from the SEC, SEC or any state securities administrator and (ii) of the time and date of any filing of any pre-effective or proposed post-effective amendment to the Registration Statement or any proposed amendment or supplement to the Prospectus, ; and (iii) of the time and date that any post-effective amendment to the Registration Statement becomes effective; (c) timely file every amendment or supplement to the Registration Statement or the Prospectus that may be required by the SEC or under the Securities Act; and (d) if at any time the SEC shall issue any stop order or any other order preventing or suspending the effectiveness of the Registration StatementStatement or the use of the Prospectus, it or shall institute any proceeding for that purpose, then, the Company will promptly notify the Dealer Manager and, to the extent the Company board of directors of the Company, including a majority of the independent directors, determines that such action is in the best interest of the Company, (y) use its commercially reasonable efforts to prevent the issuance of any such order, and (z) if any such order is issued, to obtain the lifting or removal of such order at as promptly as possible. Prior to amending or supplementing the earliest possible time. In case Registration Statement, any preliminary prospectus or the Dealer Manager is required to deliver a Prospectus in connection with sales (including any amendment or supplement through incorporation of any of report filed under the Primary Shares at any time nine months or more after the Effective Date, upon the Dealer Manager’s requestExchange Act), the Company will, at its expense, prepare and deliver shall furnish to the Dealer Manager as many copies as for its review, a reasonable period of time prior to the Dealer Manager may reasonably request propose time of an amended filing or supplemented Prospectus complying with Section 10(a)(3) use thereof, a copy of the Securities Acteach such proposed amendment or supplement.

Appears in 6 contracts

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

Compliance with Securities Laws and Regulations. The Company will: (a) use commercially reasonable efforts to cause the Registration Statement and any subsequent amendments thereto to become effective as promptly as possible; (b) (i) promptly advise furnish the Dealer Manager (i) of the receipt with a copy of any comments of, or requests for additional or supplemental information from, the SEC, (ii) promptly advise the Dealer Manager of the time and date receipt of any filing comments of, or requests for additional or supplemental information from, any state securities administrator, and upon request from the Dealer Manager promptly furnish the Dealer Manager with a copy of any pre-effective or post-effective amendment to the Registration Statement or any amendment or supplement to the Prospectussuch comments and/or requests, and (iii) promptly advise the Dealer Manager of the time and date that any post-effective amendment to the Registration Statement becomes effective; (c) timely file every amendment or supplement to the Registration Statement or the Prospectus that may be required by the SEC or under the Securities Act; and (d) if at any time the SEC shall issue any stop order suspending the effectiveness of the Registration StatementStatement or the use of the Prospectus, it will or shall institute any proceedings for that purpose, promptly notify the Dealer Manager and, to the extent the Company determines such action is in the best interest of the Company, use its commercially reasonable efforts to prevent the issuance of such order, or to obtain the lifting of such order at the earliest possible time. In case Prior to filing any amendment or supplement to the Prospectus or any pre-effective or post-effective amendment to the Registration Statement with the SEC, the Company will use commercially reasonable efforts to provide a draft of the filing to the Dealer Manager is required prior to deliver a Prospectus in connection with sales of any the initial delivery of the Primary Shares at proposed changes to the financial printer. Notwithstanding the foregoing, the Company will not file with the SEC any time nine months amendment or more after supplement to the Effective DateProspectus or any pre-effective or post-effective amendment to the Registration Statement which in any way amends or modifies the section of the Prospectus entitled “Plan of Distribution,” or those sections of the Prospectus described on Schedule 6 attached hereto for which the Dealer Manager made representations to FINRA, upon without first providing the Dealer Manager with a copy of such proposed filing and obtaining the Dealer Manager’s requestapproval thereof, the Company will, at its expense, prepare and deliver such approval not to the Dealer Manager as many copies as the Dealer Manager may reasonably request of an amended be unreasonably withheld or supplemented Prospectus complying with Section 10(a)(3) of the Securities Actdelayed.

Appears in 4 contracts

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

Compliance with Securities Laws and Regulations. The Company will: (a) use commercially reasonable efforts to cause the Registration Statement and any subsequent amendments thereto to become effective as promptly as possible; (b) promptly advise notify the Dealer Manager of, and furnish to the Dealer Manager upon request, a copy of (i) of the receipt of any comments of, or requests for additional or supplemental information from, from the SEC, SEC or any state securities administrator and (ii) of the time and date of any filing of any pre-effective or proposed post-effective amendment to the Registration Statement or any proposed amendment or supplement to the Prospectus, Prospectus and (iii) of the time and date that any post-effective amendment to the Registration Statement becomes effective; (c) timely file every amendment or supplement to the Registration Statement or the Prospectus that may be required by the SEC or under the Securities Act; and (d) if at any time the SEC shall issue any stop order or any other order preventing or suspending the effectiveness of the Registration StatementStatement or the use of the Prospectus, it or shall institute any proceeding for that purpose, then, the Company will promptly notify the Dealer Manager and, to the extent the Company board of managers of the Company, including a majority of the independent managers, determines that such action is in the best interest of the Company, (y) use its commercially reasonable efforts to prevent the issuance of any such order, and (z) if any such order is issued, to obtain the lifting or removal of such order at as promptly as possible. Prior to amending or supplementing the earliest possible time. In case Registration Statement, any preliminary prospectus or the Prospectus (including any amendment or supplement through incorporation of any report filed under the Exchange Act), the Company shall furnish to the Dealer Manager is required for its review, a reasonable period of time prior to deliver the proposed time of filing or use thereof, a Prospectus in connection with sales copy of each such proposed amendment or supplement, and the Company shall not file or use any of the Primary Shares at any time nine months such proposed amendment or more after the Effective Date, upon supplement without the Dealer Manager’s requestconsent, the Company will, at its expense, prepare and deliver to the Dealer Manager as many copies as the Dealer Manager may reasonably request of an amended which consent shall not be unreasonably withheld or supplemented Prospectus complying with Section 10(a)(3) of the Securities Actdelayed.

Appears in 4 contracts

Samples: Dealer Manager Agreement (TriLinc Global Impact Fund LLC), Dealer Manager Agreement (TriLinc Global Impact Fund LLC), Dealer Manager Agreement (TriLinc Global Impact Fund LLC)

Compliance with Securities Laws and Regulations. The Company will: (a) use commercially reasonable efforts to cause the Registration Statement and any subsequent amendments thereto to become effective as promptly as possible; (b) (i) promptly advise furnish the Dealer Manager (i) of the receipt with a copy of any comments of, or requests for additional or supplemental information from, the SEC, (ii) of upon request from the time and date Dealer Manager, promptly furnish the Dealer Manager with a copy of any filing of comments or requests from any pre-effective or post-effective amendment to the Registration Statement or any amendment or supplement to the Prospectusstate securities administrator, and (iii) promptly advise the Dealer Manager of the time and date that any post-effective amendment to the Registration Statement becomes effective; (c) timely file every amendment or supplement to the Registration Statement or the Prospectus that may be required by the SEC or under the Securities Act; and (d) if at any time the SEC shall issue any stop order suspending the effectiveness of the Registration StatementStatement or the use of the Prospectus, it will or shall institute any proceedings for that purpose, promptly notify the Dealer Manager and, to the extent the Company determines such action is in the best interest of the Company, use its commercially reasonable efforts to prevent the issuance of such order, or to obtain the lifting of such order at the earliest possible time. In case Prior to filing any amendment or supplement to the Prospectus or any pre-effective or post-effective amendment to the Registration Statement with the SEC, the Company will use commercially reasonable efforts to provide a draft of the filing to the Dealer Manager is required prior to deliver a Prospectus in connection with sales of any the initial delivery of the Primary Shares at proposed changes to the financial printer. Notwithstanding the foregoing, the Company will not file with the SEC any time nine months amendment or more after supplement to the Effective DateProspectus or any pre-effective or post-effective amendment to the Registration Statement which in any way amends or modifies the section of the Prospectus entitled “Plan of Distribution,” or those sections of the Prospectus described on Schedule 3 attached hereto for which the Dealer Manager made representations to FINRA, upon without first providing the Dealer Manager with a copy of such proposed filing and obtaining the Dealer Manager’s requestapproval thereof, the Company will, at its expense, prepare and deliver such approval not to the Dealer Manager as many copies as the Dealer Manager may reasonably request of an amended be unreasonably withheld or supplemented Prospectus complying with Section 10(a)(3) of the Securities Actdelayed.

Appears in 3 contracts

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

Compliance with Securities Laws and Regulations. The Company will: (a) use commercially reasonable efforts to cause the Registration Statement and any subsequent post-effective amendments thereto to become effective with the SEC as promptly as possible; (b) (i) promptly advise furnish the Dealer Manager (i) of the receipt with a copy of any comments of, or requests for additional or supplemental information from, the SEC, (ii) promptly advise the Dealer Manager of the time and date receipt of any filing comments of, or requests for additional or supplemental information from, any state securities administrator, and upon request from the Dealer Manager promptly furnish the Dealer Manager with a copy of any pre-effective such comments or post-effective amendment to the Registration Statement or any amendment or supplement to the Prospectusrequests, and (iii) promptly advise the Dealer Manager of the time and date that the Registration Statement and any post-effective amendment to the Registration Statement becomes effectiveeffective with the SEC; (c) timely file every amendment or supplement to the Registration Statement or the Prospectus that may be required by the SEC or under the Securities Act; and (d) if at any time the SEC shall issue any stop order suspending the effectiveness of the Registration StatementStatement or the use of the Prospectus, it will or shall institute any proceedings for that purpose, promptly notify the Dealer Manager and, to the extent the Company determines such action is in the best interest of the Company, use its commercially reasonable efforts to prevent the issuance of such order, or to obtain the lifting of such order at the earliest possible time. In case Prior to filing any amendment or supplement to the Prospectus or any pre-effective or post-effective amendment to the Registration Statement with the SEC, the Company will use its best efforts to provide a draft of the filing to the Dealer Manager is required a reasonable time prior to deliver a Prospectus in connection with sales of any the initial delivery of the Primary Shares at proposed changes or amended filing to the financial printer. Notwithstanding the foregoing, the Company will not file with the SEC any time nine months amendment or more after supplement to the Effective DateProspectus or any pre-effective or post-effective amendment to the Registration Statement which in any way materially amends, upon supplements or otherwise modifies (i) the section of the Prospectus entitled “Plan of Distribution” or (ii) any other material disclosure in the Prospectus regarding the Dealer Manager or Colony S2K Servicing LLC (the “Service Provider”) without first providing the Dealer Manager with a copy of such proposed filing and obtaining the Dealer Manager’s requestconsent thereto, the Company willwith such consent not to be unreasonably withheld, at its expense, prepare and deliver to the Dealer Manager as many copies as the Dealer Manager may reasonably request of an amended delayed or supplemented Prospectus complying with Section 10(a)(3) of the Securities Actconditioned.

Appears in 2 contracts

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

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Compliance with Securities Laws and Regulations. The Company will: (a) use commercially reasonable efforts to cause the Registration Statement and any subsequent amendments thereto to become effective as promptly as possible; (b) promptly advise furnish the Dealer Manager with a copy of (i) of the receipt of any comments of, or requests for additional or supplemental information from, from the SEC, ; and (ii) of the time and date of any filing of any pre-effective or proposed post-effective amendment to the Registration Statement or any proposed amendment or supplement to the Prospectus, ; and (iii) of the time and date that any post-effective amendment to the Registration Statement becomes effective; (c) timely file every amendment or supplement to the Registration Statement or the Prospectus that may be required by the SEC or under the Securities Act; and (d) if at any time the SEC shall issue any stop order or any other order preventing or suspending the effectiveness of the Registration StatementStatement or the use of the Prospectus, it or shall institute any proceeding for that purpose, then, the Company will promptly notify the Dealer Manager and, to the extent the Company board of trustees of the Company, including a majority of the independent trustees, determines that such action is in the best interest of the Company, (y) use its commercially reasonable efforts to prevent the issuance of any such order, and (z) if any such order is issued, to obtain the lifting or removal of such order at as promptly as possible. Prior to amending or supplementing the earliest possible time. In case Registration Statement, any preliminary prospectus or the Dealer Manager is required to deliver a Prospectus in connection with sales (including any amendment or supplement through incorporation of any of report filed under the Primary Shares at any time nine months or more after the Effective Date, upon the Dealer Manager’s requestInvestment Company Act), the Company will, at its expense, prepare and deliver shall furnish to the Dealer Manager as many copies as for its review, a reasonable period of time prior to the Dealer Manager may reasonably request propose time of an amended filing or supplemented Prospectus complying with Section 10(a)(3) use thereof, a copy of the Securities Acteach such proposed amendment or supplement.

Appears in 2 contracts

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

Compliance with Securities Laws and Regulations. The Company will: (a) use commercially reasonable efforts to cause the Registration Statement and any subsequent amendments thereto to become effective as promptly as possible; (b) (i) promptly advise furnish the Dealer Manager (i) of the receipt with a copy of any comments of, or requests for additional or supplemental information from, the SEC, (ii) promptly advise the Dealer Manager of the time and date receipt of any filing comments of, or requests for additional or supplemental information from, any state securities administrator, and upon request from the Dealer Manager promptly furnish the Dealer Manager with a copy of any pre-effective or post-effective amendment to the Registration Statement or any amendment or supplement to the Prospectussuch comments and/or requests, and (iii) promptly advise the Dealer Manager of the time and date that any post-effective amendment to the Registration Statement becomes effective; (c) timely file every amendment or supplement to the Registration Statement or the Prospectus that may be required by the SEC or under the Securities Act; and (d) if at any time the SEC shall issue any stop order suspending the effectiveness of the Registration StatementStatement or the use of the Prospectus, it will or shall institute any proceedings for that purpose, promptly notify the Dealer Manager and, to the extent the Company determines such action is in the best interest of the Company, use its commercially reasonable efforts to prevent the issuance of such order, or to obtain the lifting of such order at the earliest possible time. In case Prior to filing any amendment or supplement to the Prospectus or any pre-effective or post-effective amendment to the Registration Statement with the SEC, the Company will use commercially reasonable efforts to provide a draft of the filing to the Dealer Manager is required prior to deliver a Prospectus in connection with sales of any the initial delivery of the Primary Shares at proposed changes to the financial printer. Notwithstanding the foregoing, the Company will not file with the SEC any time nine months amendment or more after supplement to the Effective DateProspectus or any pre-effective or post-effective amendment to the Registration Statement which in any way amends or modifies the section of the Prospectus entitled “Plan of Distribution,” or those sections of the Prospectus described on Schedule 3 attached hereto for which the Dealer Manager made representations to FINRA, upon without first providing the Dealer Manager with a copy of such proposed filing and obtaining the Dealer Manager’s requestapproval thereof, the Company will, at its expense, prepare and deliver such approval not to the Dealer Manager as many copies as the Dealer Manager may reasonably request of an amended be unreasonably withheld or supplemented Prospectus complying with Section 10(a)(3) of the Securities Actdelayed.

Appears in 2 contracts

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

Compliance with Securities Laws and Regulations. The Company will: (a) use commercially reasonable efforts to cause the Registration Statement and any subsequent amendments thereto to become effective as promptly as possible; (b) promptly advise notify the Dealer Manager of, and furnish to the Dealer Manager upon request a copy of (i) of the receipt of any comments of, or requests for additional or supplemental information from, from the SEC, SEC or any state securities administrator and (ii) of the time and date of any filing of any pre-effective or proposed post-effective amendment to the Registration Statement or any proposed amendment or supplement to the Prospectus, ; and (iii) of the time and date that any post-effective amendment to the Registration Statement becomes effective; (c) timely file every amendment or supplement to the Registration Statement or the Prospectus that may be required by the SEC or under the Securities Act; and (d) if at any time the SEC shall issue any stop order or any other order preventing or suspending the effectiveness of the Registration StatementStatement or the use of the Prospectus, it or shall institute any proceeding for that purpose, then, the Company will promptly notify the Dealer Manager and, to the extent the Company board of managers of the Company, including a majority of the independent managers, determines that such action is in the best interest of the Company, (y) use its commercially reasonable efforts to prevent the issuance of any such order, and (z) if any such order is issued, to obtain the lifting or removal of such order at as promptly as possible. Prior to amending or supplementing the earliest possible time. In case Registration Statement, any preliminary prospectus or the Prospectus (including any amendment or supplement through incorporation of any report filed under the Exchange Act), the Company shall furnish to the Dealer Manager is required for its review, a reasonable period of time prior to deliver the proposed time of filing or use thereof, a Prospectus in connection with sales copy of each such proposed amendment or supplement, and the Company shall not file or use any of the Primary Shares at any time nine months such proposed amendment or more after the Effective Date, upon supplement without the Dealer Manager’s requestconsent, the Company will, at its expense, prepare and deliver to the Dealer Manager as many copies as the Dealer Manager may reasonably request of an amended which consent shall not be unreasonably withheld or supplemented Prospectus complying with Section 10(a)(3) of the Securities Actdelayed.

Appears in 1 contract

Samples: Dealer Manager Agreement (Greenbacker Renewable Energy Co LLC)

Compliance with Securities Laws and Regulations. The Company will: (a) use commercially reasonable efforts to cause the Registration Statement and any subsequent post-effective amendments thereto to become effective with the SEC as promptly as possible; (b) (i) promptly advise furnish the Dealer Manager (i) of the receipt with a copy of any comments of, or requests for additional or supplemental information from, the SEC, (ii) promptly advise the Dealer Manager of the time and date receipt of any filing comments of, or requests for additional or supplemental information from, any state securities administrator, and upon request from the Dealer Manager promptly furnish the Dealer Manager with a copy of any pre-effective such comments or post-effective amendment to the Registration Statement or any amendment or supplement to the Prospectusrequests, and (iii) promptly advise the Dealer Manager of the time and date that the Registration Statement and any post-effective amendment to the Registration Statement becomes effectiveeffective with the SEC; (c) timely file every amendment or supplement to the Registration Statement or the Prospectus that may be required by the SEC or under the Securities Act; and (d) if at any time the SEC shall issue any stop order suspending the effectiveness of the Registration StatementStatement or the use of the Prospectus, it will or shall institute any proceedings for that purpose, promptly notify the Dealer Manager and, to the extent the Company determines such action is in the best interest of the Company, use its commercially reasonable efforts to prevent the issuance of such order, or to obtain the lifting of such order at the earliest possible time. In case Prior to filing any amendment or supplement to the Prospectus or any pre-effective or post-effective amendment to the Registration Statement with the SEC, the Company will use its best efforts to provide a draft of the filing to the Dealer Manager is required a reasonable time prior to deliver a Prospectus in connection with sales of any the initial delivery of the Primary Shares at proposed changes or amended filing to the financial printer. Notwithstanding the foregoing, the Company will not file with the SEC any time nine months amendment or more after supplement to the Effective DateProspectus or any pre-effective or post-effective amendment to the Registration Statement which in any way materially amends, upon supplements or otherwise modifies (i) the section of the Prospectus entitled “Plan of Distribution” or (ii) any other material disclosure in the Prospectus regarding the Dealer Manager or the Service Provider (as defined herein) without first providing the Dealer Manager with a copy of such proposed filing and obtaining the Dealer Manager’s requestconsent thereto, the Company willwith such consent not to be unreasonably withheld, at its expense, prepare and deliver to the Dealer Manager as many copies as the Dealer Manager may reasonably request of an amended delayed or supplemented Prospectus complying with Section 10(a)(3) of the Securities Actconditioned.

Appears in 1 contract

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

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