Conditions to the Company’s Obligations. The obligations of the Company hereunder are subject, during the full term of this Agreement and the Offering, to the conditions that: (a) at the effective date of the Registration Statement and thereafter during the term of this Agreement while any Shares remain unsold, the Registration Statement shall remain in full force and effect authorizing the offer and sale of the Shares; (b) no stop order suspending the effectiveness of the Offering or other order restraining the offer or sale of the Shares shall have been issued nor proceedings therefor initiated or threatened by any state regulatory agency or the SEC; and (c) the Investment Advisor shall have satisfactorily performed all of its obligations hereunder and complied with the covenants set forth in Section 6 hereof.
Appears in 15 contracts
Sources: Dealer Manager Agreement (Behringer Harvard Opportunity REIT II, Inc.), Dealer Manager Agreement (Behringer Harvard Opportunity REIT II, Inc.), Dealer Manager Agreement (Behringer Harvard Opportunity REIT I, Inc.)
Conditions to the Company’s Obligations. The obligations of the Company hereunder are subject, during the full term of this Agreement and the Offering, to the conditions that: that (a) at the effective date of the Registration Statement and thereafter during the term of this Agreement while any Shares remain unsold, the Registration Statement shall remain in full force and effect authorizing the offer and sale of the Shares; (b) no stop order suspending the effectiveness of the Offering or other order restraining the offer or sale of the Shares shall have been issued nor proceedings therefor initiated or threatened by any state regulatory agency or the SEC; and (c) the Investment Advisor shall have satisfactorily performed all of its obligations hereunder and complied with the covenants set forth in Section 6 hereof.
Appears in 12 contracts
Sources: Selected Investment Advisor Agreement (Hartman vREIT XXI, Inc.), Selected Investment Advisor Agreement (Hartman vREIT XXI, Inc.), Selected Investment Advisor Agreement (Hartman vREIT XXI, Inc.)
Conditions to the Company’s Obligations. The obligations of the Company hereunder are subject, during the full term of this Agreement and the Offering, to the conditions that: (a) at from the effective date commencement of the Registration Statement Offering, and thereafter during the term of this Agreement while any Shares remain unsold, the Registration Statement shall remain in full force and effect authorizing the offer and sale of the Shares; (b) no stop order suspending the effectiveness of the Registration Statement or the Offering or other order restraining the offer or sale of the Shares Offering shall have been issued nor proceedings therefor therefore initiated or threatened by any state regulatory agency or the SEC; and (c) the Investment Advisor Adviser shall have satisfactorily performed all of its obligations hereunder and complied with the covenants set forth in Section 6 1 and Section 7 hereof.
Appears in 4 contracts
Sources: Follow on Dealer Manager Agreement (FS Investment Corp III), Follow on Dealer Manager Agreement (FS Investment Corp III), Selected Investment Adviser Agreement (FS Global Credit Opportunities Fund - ADV)
Conditions to the Company’s Obligations. The obligations of the Company hereunder are subject, during the full term of this Agreement and the Offering, to the conditions that: (a) at from the effective date commencement of the Registration Statement Offering, and thereafter during the term of this Agreement while any Shares remain unsold, the Registration Statement shall remain in full force and effect authorizing the offer and sale of the Shares; (b) no stop order suspending the effectiveness of the Offering Registration Statement or other order restraining the offer or sale of the Shares shall have been issued nor proceedings therefor initiated or threatened by any state regulatory agency or the SEC; and (c) the Investment Advisor Adviser shall have satisfactorily performed all of its obligations hereunder and complied with the covenants set forth in Section 6 7 hereof.
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