Common use of Offering and Sale of Securities Clause in Contracts

Offering and Sale of Securities. (a) On the basis of the representations, warranties and covenants herein contained, but subject to the terms and conditions herein set forth, you are hereby appointed the agent of the Company during the term herein specified (the "Offering Period") for the purpose of finding purchasers for the Securities for the account and risk of the Company through a public offering, and subject to the performance by the Company of all of its obligations to be performed hereunder and to the completeness and accuracy of all the representations and warranties contained herein, you hereby accept such agency and agree on the terms and conditions herein set forth to use your best efforts during the Offering Period to find purchasers for the Securities at a public offering price of (i) $10.00 for each Share. Except as provided in Section 2(f) hereof, your agency hereunder, which is coupled with an interest and, therefore, is not terminable by the Company without your permission, shall continue until the close of business on such date not later than 24 months following the effective date of the Offering unless extended by the Company with your consent. The offering may be terminated at any time by the Company and you (the close of business of such date being hereinafter referred to as the "Offering Termination Date").

Appears in 3 contracts

Samples: Managing Dealer Agreement (Capital Alliance Income Trust Real Estate & Investment Trus), Managing Dealer Agreement (Capital Alliance Income Trust Real Estate & Investment Trus), Managing Dealer Agreement (Capital Alliance Income Trust Real Estate & Investment Trus)

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Offering and Sale of Securities. (a) On the basis of the representations, warranties and covenants herein contained, but subject to the terms and conditions herein set forth, you are hereby appointed the agent of the Company during the term herein specified (the "Offering Period") for the purpose of finding purchasers for the Securities for the account and risk of the Company through a public offering, and subject to the performance by the Company of all of its obligations to be performed hereunder and to the completeness and accuracy of all the representations and warranties contained herein, you hereby accept such agency and agree on the terms and conditions herein set forth to use your best efforts during the Offering Period to find purchasers for the Securities at a public offering price of (i) $10.00 8.00 for each Share. Except as provided in Section 2(f) hereof, your agency hereunder, which is coupled with an interest and, therefore, is not terminable by the Company without your permission, shall continue until the close of business on such date not later than 24 months following the effective date of the Offering unless extended by the Company with your consent. The offering may be terminated at any time by the Company and you (the close of business of such date being hereinafter referred to as the "Offering Termination Date").

Appears in 1 contract

Samples: Managing Dealer Agreement (Capital Alliance Income Trust Real Estate & Investment Trus)

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