Common use of No Pending Action Clause in Contracts

No Pending Action. There is no action, suit, proceeding or investigation pending, or, to the knowledge of the Dealer Manager, threatened or contemplated before or by any arbitrator, court or other government body, domestic or foreign, against or affecting the Dealer Manager or any subsidiary thereof which is required to be disclosed in the Registration Statement (other than as disclosed therein), or which would reasonably be expected to result in a Material Adverse Effect, or which would reasonably be expected to materially and adversely affect the properties or assets thereof or the consummation of the transactions contemplated by this Agreement. The aggregate of all pending legal or governmental proceedings to which the Dealer Manager or any subsidiary thereof is a party or of which any of its respective properties or assets is the subject which are not described in the Registration Statement, including ordinary routine litigation incidental to the business, would not reasonably be expected to result in a Material Adverse Effect or materially adversely affect other properties or assets of the Dealer Manager or any subsidiary thereof.

Appears in 6 contracts

Samples: Selected Dealer Agreement (Dividend Capital Diversified Property Fund Inc.), Selected Dealer Agreement (Dividend Capital Diversified Property Fund Inc.), Selected Dealer Agreement (Dividend Capital Diversified Property Fund Inc.)

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No Pending Action. There is no action, suit, proceeding or investigation pending, or, to the knowledge of the Dealer ManagerAdvisor, threatened or contemplated before or by any arbitrator, court or other government body, domestic or foreign, against or affecting the Dealer Manager Advisor or any subsidiary thereof which is required to be disclosed in the Registration Statement (other than as disclosed therein), or which would reasonably be expected to result in a Material Adverse Effect, or which would reasonably be expected to materially and adversely affect the properties or assets thereof or the consummation of the transactions contemplated by this Agreement. The aggregate of all pending legal or governmental proceedings to which the Dealer Manager Advisor or any subsidiary thereof is a party or of which any of its respective properties or assets is the subject which are not described in the Registration Statement, including ordinary routine litigation incidental to the business, would not reasonably be expected to result in a Material Adverse Effect or materially adversely affect other properties or assets of the Dealer Manager Advisor or any subsidiary thereof.

Appears in 6 contracts

Samples: Selected Dealer Agreement (Dividend Capital Diversified Property Fund Inc.), Selected Dealer Agreement (Dividend Capital Diversified Property Fund Inc.), Selected Dealer Agreement (Dividend Capital Diversified Property Fund Inc.)

No Pending Action. There is no action, suit, suit or proceeding or investigation pending, or, to the knowledge of the Dealer ManagerCompany, threatened or contemplated before or by any arbitrator, court or other government body, domestic or foreign, against or affecting the Dealer Manager any Issuer Entity or any respective subsidiary thereof which is required to be disclosed in the Registration Statement (other than as disclosed therein), or which would reasonably be expected to result in a Material Adverse Effect, or which would reasonably be expected to materially and adversely affect the properties or assets thereof or the consummation of the transactions contemplated by this Agreement. The aggregate of all pending legal or governmental proceedings to which the Dealer Manager any Issuer Entity or any respective subsidiary thereof is a party or of which any of its their respective properties or assets is the subject which are not described in the Registration Statement, including ordinary routine litigation incidental to the business, would not reasonably be expected to result in a Material Adverse Effect or materially adversely affect other properties or assets of the Dealer Manager any Issuer Entity or any respective subsidiary thereof.

Appears in 5 contracts

Samples: Selected Dealer Agreement (Industrial Income Trust Inc.), Selected Dealer Agreement (Industrial Income Trust Inc.), Dealer Agreement (Industrial Income Trust Inc.)

No Pending Action. There is no action, suit, proceeding or investigation pending, or, to the knowledge of the Dealer ManagerCompany, threatened or contemplated before or by any arbitrator, court or other government body, domestic or foreign, against or affecting the Dealer Manager Company or any subsidiary thereof which is required to be disclosed in the Registration Statement (other than as disclosed therein), or which would reasonably be expected to result in a Material Adverse Effect, or which would reasonably be expected to materially and adversely affect the properties or assets thereof or the consummation of the transactions contemplated by this Agreement. The aggregate of all pending legal or governmental proceedings to which the Dealer Manager Company or any subsidiary thereof is a party or of which any of its respective properties or assets is the subject which are not described in the Registration Statement, including ordinary routine litigation incidental to the business, would not reasonably be expected to result in a Material Adverse Effect or materially adversely affect other properties or assets of the Dealer Manager Company or any subsidiary thereof.

Appears in 4 contracts

Samples: Selected Dealer Agreement (Dividend Capital Diversified Property Fund Inc.), Selected Dealer Agreement (Dividend Capital Diversified Property Fund Inc.), Selected Dealer Agreement (Dividend Capital Diversified Property Fund Inc.)

No Pending Action. There Except as disclosed in the Prospectus, there is no action, suit, suit or proceeding or investigation pending, or, to the knowledge of the Dealer ManagerCompany, threatened or contemplated before or by any arbitrator, court or other government body, domestic or foreign, against or affecting the Dealer Manager any Issuer Entity or any respective subsidiary thereof which is required to be disclosed in the Registration Statement (other than as disclosed therein), or which would reasonably be expected to might result in a Material Adverse Effect, or which would reasonably be expected to might materially and adversely affect the properties or assets thereof or the consummation of the transactions contemplated by this Agreement. The aggregate of all pending legal or governmental proceedings to which the Dealer Manager any Issuer Entity or any respective subsidiary thereof is a party or of which any of its their respective properties or assets is the subject which are not described in the Registration Statement, including ordinary routine litigation incidental to the business, would could not reasonably be expected to result in a Material Adverse Effect or materially adversely affect other properties or assets of the Dealer Manager any Issuer Entity or any respective subsidiary thereof.

Appears in 3 contracts

Samples: Selected Dealer Agreement (Cb Richard Ellis Realty Trust), Dealer Agreement (CNL Lifestyle Properties Inc), Selected Dealer Agreement (Cb Richard Ellis Realty Trust)

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No Pending Action. There Except as disclosed in the Prospectus, there is no action, suit, suit or proceeding or investigation pending, pending or, to the knowledge of the Dealer ManagerSub-Advisor, threatened or contemplated before or by any arbitrator, court or other government body, domestic or foreign, against or affecting the Dealer Manager Sub-Advisor or any subsidiary thereof which that (i) is required to be disclosed in the Registration Statement (other than as disclosed therein), or which (ii) would reasonably be expected to have or result in a Sub-Advisor Material Adverse Effect, or which (iii) would reasonably be expected to materially and adversely affect the properties or assets thereof or [ ]* the consummation of the transactions contemplated by this Agreement. The aggregate of all pending legal or governmental proceedings to which the Dealer Manager Sub-Advisor or any subsidiary thereof is a party or of which any of its their respective properties or assets is the subject which that are not described in the Registration Statement, including ordinary routine litigation incidental to the business, would not reasonably be expected to have or result in a Sub-Advisor Material Adverse Effect or materially adversely affect other properties or assets of the Dealer Manager Sub-Advisor or any subsidiary thereof.

Appears in 2 contracts

Samples: Selected Dealer Agreement (Corporate Capital Trust, Inc.), Selected Dealer Agreement (Corporate Capital Trust, Inc.)

No Pending Action. There is no action, suit, suit or proceeding or investigation pending, or, to the knowledge of the Dealer ManagerCompany, threatened or contemplated before or by any arbitrator, court or other government body, domestic or foreign, against or affecting the Dealer Manager any Issuer Entity or any respective subsidiary thereof which is required to be disclosed in the Registration Statement (other than as disclosed therein), or which would reasonably be expected to result in a Material Adverse Effect, or which would reasonably be expected to materially and adversely affect the properties or assets thereof or the consummation of the transactions contemplated by this Agreement. The aggregate of all pending legal or governmental proceedings to which the Dealer Manager any Issuer Entity or any respective subsidiary thereof is a party or of which any of its their respective properties or assets is the subject which are not described in the Registration Statement, including ordinary routine litigation incidental to the business, would not reasonably be expected to result in a Material Adverse Effect or materially adversely affect other properties or assets of the Dealer Manager or any subsidiary thereofIssuer Entities taken as a whole.

Appears in 1 contract

Samples: Selected Dealer Agreement (Hines Real Estate Investment Trust Inc)

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