Common use of REASONABLE BONA FIDE DUE DILIGENCE EXPENSES Clause in Contracts

REASONABLE BONA FIDE DUE DILIGENCE EXPENSES. The Company or the Advisor shall reimburse the Dealer Manager or any Soliciting Dealer for reasonable bona fide due diligence expenses incurred by the Dealer Manager or any Soliciting Dealer, subject to the Company having given its prior approval of the incurrence of such expenses (such approval not to be unreasonably withheld or delayed). The Company shall only reimburse the Dealer Manager or any Soliciting Dealer for such approved bona fide due diligence expenses to the extent such expenses have actually been incurred and are supported by detailed and itemized invoice(s) provided to the Company. The parties hereto acknowledge that, as of the date of this Agreement, the Company has advanced $25,000 to the Dealer Manager as an advance against the reimbursement obligation of the Company in respect of certain reasonable bona fide due diligence expenses incurred or to be incurred by the Dealer Manager, the incurrence of which up to $25,000 hereby is deemed approved by the Company for purposes of this Agreement and for which no further approval from the Company hereunder shall be required. The Dealer Manager shall not seek any further reimbursement from the Company for any reasonable bona fide due diligence expenses unless and until such $25,000 amount has been expended by the Dealer Manager on reasonable bona fide due diligence expenses. Upon the termination of this Agreement for any reason, then the Dealer Manager will return to the Company the excess (if any) of such $25,000 amount over the amount of reasonable bona fide due diligence expenses theretofore incurred by the Dealer Manager. It is understood and agreed that the Company shall be responsible for the payment or reimbursement of all approved reasonable bona fide due diligence expenses incurred by the Dealer Manager or any Soliciting Dealer on or prior to the Termination Date.

Appears in 5 contracts

Samples: Exclusive Dealer Manager Agreement (American Realty Capital New York Recovery Reit Inc), Exclusive Dealer Manager Agreement (RCS Capital Corp), Exclusive Dealer Manager Agreement (American Realty Capital New York Recovery Reit Inc)

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REASONABLE BONA FIDE DUE DILIGENCE EXPENSES. The Company Trust or the Advisor shall reimburse the Dealer Manager or any Soliciting Dealer for reasonable bona fide due diligence expenses incurred by the Dealer Manager or any Soliciting Dealer, subject to the Company Trust having given its prior approval of the incurrence of such expenses (such approval not to be unreasonably withheld or delayed). The Company Trust shall only reimburse the Dealer Manager or any Soliciting Dealer for such approved bona fide due diligence expenses to the extent such expenses have actually been incurred and are supported by detailed and itemized invoice(s) provided to the CompanyTrust. The parties hereto acknowledge that, as of the date of this Agreement, the Company Trust has advanced $25,000 to the Dealer Manager as an advance against the reimbursement obligation of the Company Trust in respect of certain reasonable bona fide due diligence expenses incurred or to be incurred by the Dealer Manager, the incurrence of which up to $25,000 hereby is deemed approved by the Company Trust for purposes of this Agreement and for which no further approval from the Company Trust hereunder shall be required. The Dealer Manager shall not seek any further reimbursement from the Company Trust for any reasonable bona fide due diligence expenses unless and until such $25,000 amount has been expended by the Dealer Manager on reasonable bona fide due diligence expenses. Upon the termination of this Agreement for any reason, then the Dealer Manager will return to the Company Trust the excess (if any) of such $25,000 amount over the amount of reasonable bona fide due diligence expenses theretofore incurred by the Dealer Manager. It is understood and agreed that the Company Trust shall be responsible for the payment or reimbursement of all approved reasonable bona fide due diligence expenses incurred by the Dealer Manager or any Soliciting Dealer on or prior to the Termination Date.

Appears in 3 contracts

Samples: Exclusive Dealer Manager Agreement (United Development Funding IV), Exclusive Dealer Manager Agreement (RCS Capital Corp), Exclusive Dealer Manager Agreement (United Development Funding IV)

REASONABLE BONA FIDE DUE DILIGENCE EXPENSES. The Company Company, the Advisor or the Sub-Advisor shall reimburse the Dealer Manager or any Soliciting Dealer for reasonable bona fide due diligence expenses incurred by the Dealer Manager or any Soliciting Dealer, subject to the Company having given its prior approval of the incurrence of such expenses (such approval not to be unreasonably withheld or delayed). The Company shall only reimburse the Dealer Manager or any Soliciting Dealer for such approved bona fide due diligence expenses to the extent such expenses have actually been incurred and are supported by detailed and itemized invoice(s) provided to the Company. The parties hereto acknowledge that, as of the date of this Agreement, the Company has advanced $25,000 to the Dealer Manager as an advance against the reimbursement obligation of the Company in respect of certain reasonable bona fide due diligence expenses incurred or to be incurred by the Dealer Manager, the incurrence of which up to $25,000 hereby is deemed approved by the Company for purposes of this Agreement and for which no further approval from the Company hereunder shall be required. The Dealer Manager shall not seek any further reimbursement from the Company for any reasonable bona fide due diligence expenses unless and until such $25,000 amount has been expended by the Dealer Manager on reasonable bona fide due diligence expenses. Upon the termination of this Agreement for any reason, then the Dealer Manager will return to the Company the excess (if any) of such $25,000 amount over the amount of reasonable bona fide due diligence expenses theretofore incurred by the Dealer Manager. It is understood and agreed that the Company shall be responsible for the payment or reimbursement of all approved reasonable bona fide due diligence expenses incurred by the Dealer Manager or any Soliciting Dealer on or prior to the Termination Date.

Appears in 2 contracts

Samples: Exclusive Dealer Manager Agreement (Corporate Income Properties - ARC, Inc.), Exclusive Dealer Manager Agreement (ARC - Northcliffe Income Properties, Inc.)

REASONABLE BONA FIDE DUE DILIGENCE EXPENSES. The Company will authorize a collection of available information, as reasonably agreed to by the Company, regarding the Offering, which collection the Company may amend and supplement from time to time, to be delivered by the Dealer Manager to the Soliciting Dealers (or their agents performing due diligence) in connection with their due diligence review of the Advisor Offering. In the event the Dealer Manager or a Soliciting Dealer (or its agent performing due diligence) requests access to additional information or otherwise wishes to conduct additional due diligence regarding the Offering, the Company and the Dealer Manager will reasonably cooperate with such Soliciting Dealer to accommodate such request; provided, however, any additionally provided information will be subject to the terms of a confidentiality agreement executed by the Dealer Manager and the Soliciting Dealer to the extent such additionally provided information is material non-public information as determined by the Company in its sole discretion. The Company shall reimburse the Dealer Manager or any Soliciting Dealer for reasonable bona fide due diligence expenses incurred by the Dealer Manager or any Soliciting Dealer, subject Dealer to the extent permitted pursuant to the rules and regulations of FINRA, provided, however, that no due diligence expenses shall be reimbursed by the Company having given its prior approval pursuant to this Section 3(f) which would cause the aggregate of all of the incurrence Company’s expenses described in Section 3(h) and compensation paid to the Dealer Manager and any Soliciting Dealer pursuant to Section 3(e) to exceed 15.0% of such expenses (such approval not to be unreasonably withheld or delayed)the gross proceeds from the sale of the Preferred Stock. The Also, the Company shall only reimburse the Dealer Manager or any Soliciting Dealer for such approved bona fide due diligence expenses to the extent such expenses have actually been incurred and are supported by detailed and itemized invoice(s) provided to the Company. The parties hereto acknowledge that, as of the date of this Agreement, the Company has advanced $25,000 to the Dealer Manager as an advance against the reimbursement obligation of the Company in respect of certain reasonable bona fide due diligence expenses incurred or to be incurred by the Dealer Manager, the incurrence of which up to $25,000 hereby is deemed approved by the Company for purposes of this Agreement and for which no further approval from the Company hereunder shall be required. The Dealer Manager shall not seek any further reimbursement from the Company for any reasonable bona fide due diligence expenses unless and until such $25,000 amount has been expended by the Dealer Manager on reasonable bona fide due diligence expenses. Upon the termination of this Agreement for any reason, then the Dealer Manager will return to the Company the excess (if any) of such $25,000 amount over the amount of reasonable bona fide due diligence expenses theretofore incurred by the Dealer Manager. It is understood and agreed that the Company shall be responsible for the payment or reimbursement of all approved reasonable bona fide due diligence expenses incurred by the Dealer Manager or any Soliciting Dealer on or prior to the Termination Date.

Appears in 2 contracts

Samples: Dealer Manager Agreement (Prospect Capital Corp), Dealer Manager Agreement (Prospect Capital Corp)

REASONABLE BONA FIDE DUE DILIGENCE EXPENSES. The Company or In addition to any payments to the Advisor shall reimburse Soliciting Dealer Manager pursuant to Section 4, the Dealer Manager or any may reimburse the Soliciting Dealer for any reasonable bona fide out-of-pocket, itemized and detailed due diligence expenses in an amount up to one-half of one percent (0.5%) of the price per Share for all Shares sold on a “best efforts” basis for which you have acted as Soliciting Dealer hereunder, incurred by the Soliciting Dealer to the extent permitted pursuant to the rules and regulations of FINRA. After subscriptions for the Primary Minimum have been received we may also advance to you certain marketing expenses for items such as Soliciting Dealer conferences. Any such advances paid to you will be considered part of the total due diligence expense reimbursement to which you are entitled. You may reallow all or any portion of the due diligence expense reimbursement to any of your registered representatives to the extent permitted under applicable law and regulations including federal and state securities laws, any rules or regulations thereunder and the rules and regulations of FINRA. The reimbursable due diligence expenses include expenses for travel, lodging, meals and other reasonable out-of-pocket expenses incurred by the Dealer Manager or any Soliciting Dealer, subject Dealers and their respective personnel when visiting the Company’s offices or properties to verify information relating to the Company having given and its prior approval properties. In no event may the Company reimburse if that would cause the aggregate of all of the incurrence Company’s expenses described in Section 4(g) and compensation paid to the Dealer Manager and any Soliciting Dealer pursuant to Section 4 to exceed fifteen percent (15%) of such expenses (such approval not to be unreasonably withheld or delayed)the gross proceeds from the sale of the Shares. The Company Also, the Dealer Manager shall only reimburse the Dealer Manager or any Soliciting Dealer for such approved bona fide due diligence expenses to the extent such the expenses have actually been incurred and are supported by detailed and itemized invoice(s) provided to the Company. The parties hereto acknowledge that, as of the date of this Agreement, the Company has advanced $25,000 to the Dealer Manager as an advance against and the reimbursement obligation of the Company in respect of certain reasonable bona fide due diligence expenses incurred or to be incurred by the Dealer Manager, the incurrence of which up to $25,000 hereby is deemed approved by the Company for purposes of this Agreement and for which no further approval from the Company hereunder shall be required. The Dealer Manager shall not seek any further reimbursement from the Company for any reasonable bona fide due diligence expenses unless and until such $25,000 amount has been expended by the Dealer Manager on reasonable bona fide due diligence expenses. Upon the termination of this Agreement for any reason, then the Dealer Manager will return to the Company the excess (if any) of such $25,000 amount over the amount of reasonable bona fide due diligence expenses theretofore incurred by the Dealer Manager. It is understood and agreed that the Company shall be responsible for the payment or reimbursement of all approved reasonable bona fide due diligence expenses incurred by the Dealer Manager or any Soliciting Dealer on or prior to the Termination DateCompany.

Appears in 1 contract

Samples: Escrow Agreement (Inland Residential Properties Trust, Inc.)

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REASONABLE BONA FIDE DUE DILIGENCE EXPENSES. The Company or In addition to any payments to the Advisor shall reimburse Soliciting Dealer Manager pursuant to Section 4(a), the Dealer Manager or any may reimburse the Soliciting Dealer for any reasonable bona fide out-of-pocket, itemized and detailed due diligence expenses in an amount up to one-half of one percent (0.5%) of the price per Share for all Shares sold on a “best efforts” basis for which you have acted as Soliciting Dealer hereunder, incurred by the Soliciting Dealer to the extent permitted pursuant to the rules and regulations of FINRA. After subscriptions for the Primary Minimum have been received we may also advance to you certain marketing expenses for items such as Soliciting Dealer conferences. Any such advances paid to you will be considered part of the total due diligence expense reimbursement to which you are entitled. You may reallow all or any portion of the due diligence expense reimbursement to any of your registered representatives to the extent permitted under applicable law and regulations including federal and state securities laws, any rules or regulations thereunder and the rules and regulations of FINRA., provided, however, that no due diligence expenses shall be reimbursed by the Dealer Manager pursuant to this Section 4(f) or any Soliciting Dealer, subject the Company which would cause the aggregate of all of the Company’s expenses and compensation paid to the Company having given its prior approval Dealer Manager and all soliciting dealers to exceed fifteen percent (15%) of the incurrence gross proceeds from the sale of such expenses (such approval not to be unreasonably withheld or delayed)the Shares. The Company Also, the Dealer Manager shall only reimburse the Dealer Manager or any Soliciting Dealer for such approved bona fide due diligence expenses to the extent such the expenses have actually been incurred and are supported by detailed and itemized invoice(s) provided to the Company. The parties hereto acknowledge that, as of the date of this Agreement, the Company has advanced $25,000 to the Dealer Manager as an advance against and the reimbursement obligation of the Company in respect of certain reasonable bona fide due diligence expenses incurred or to be incurred by the Dealer Manager, the incurrence of which up to $25,000 hereby is deemed approved by the Company for purposes of this Agreement and for which no further approval from the Company hereunder shall be required. The Dealer Manager shall not seek any further reimbursement from the Company for any reasonable bona fide due diligence expenses unless and until such $25,000 amount has been expended by the Dealer Manager on reasonable bona fide due diligence expenses. Upon the termination of this Agreement for any reason, then the Dealer Manager will return to the Company the excess (if any) of such $25,000 amount over the amount of reasonable bona fide due diligence expenses theretofore incurred by the Dealer Manager. It is understood and agreed that the Company shall be responsible for the payment or reimbursement of all approved reasonable bona fide due diligence expenses incurred by the Dealer Manager or any Soliciting Dealer on or prior to the Termination DateCompany.

Appears in 1 contract

Samples: Escrow Agreement (Inland Residential Properties Trust, Inc.)

REASONABLE BONA FIDE DUE DILIGENCE EXPENSES. The Company or the Advisor shall reimburse the Dealer Manager or any Soliciting Dealer for reasonable bona fide due diligence expenses incurred by the Dealer Manager or any Soliciting Dealer, subject to the Company having given its prior approval of the incurrence of such expenses (such approval not to be unreasonably withheld or delayed). The Company shall only reimburse the Dealer Manager or any Soliciting Dealer for such approved bona fide due diligence expenses to the extent such expenses have actually been incurred and are supported by detailed and itemized invoice(s) provided to the CompanyCompany and permitted pursuant to the rules and regulations of FINRA. [The parties hereto acknowledge that, as of the date of this Agreement, the Company has advanced $25,000 to the Dealer Manager as an advance against the reimbursement obligation of the Company in respect of certain reasonable bona fide due diligence expenses incurred or to be incurred by the Dealer Manager, the incurrence of which up to $25,000 hereby is deemed approved by the Company for purposes of this Agreement and for which no further approval from the Company hereunder shall be required. The Dealer Manager shall not seek any further reimbursement from the Company for any reasonable bona fide due diligence expenses unless and until such $25,000 amount has been expended by the Dealer Manager on reasonable bona fide due diligence expenses. Upon the termination of this Agreement for any reason, then the Dealer Manager will return to the Company the excess (if any) of such $25,000 amount over the amount of reasonable bona fide due diligence expenses theretofore incurred by the Dealer Manager. It is understood and agreed that the Company shall be responsible for the payment or reimbursement of all approved reasonable bona fide due diligence expenses incurred by the Dealer Manager or any Soliciting Dealer on or prior to the Termination Date.]

Appears in 1 contract

Samples: Escrow Agreement (American Realty Capital Global Daily Net Asset Value Trust, Inc.)

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