Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, and (c) the acceptance of any payment for the Shares.
Appears in 89 contracts
Samples: Dealer Manager Agreement (Dividend Capital Diversified Property Fund Inc.), Dealer Manager Agreement (Behringer Harvard Opportunity REIT II, Inc.), Dealer Manager Agreement (Behringer Harvard Opportunity REIT II, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, and (cb) the acceptance of any payment for the Shares.
Appears in 46 contracts
Samples: Selected Dealer Agreement (Cole Corporate Income Trust, Inc.), Dealer Manager Agreement (Cole Credit Property Trust V, Inc.), Dealer Manager Agreement (Cole Office & Industrial REIT (CCIT II), Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Dealer Manager Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Dealer Manager Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, and (c) the acceptance of any payment for the Shares.
Appears in 40 contracts
Samples: Dealer Manager Agreement (Gc Net Lease Reit, Inc.), Dealer Manager Agreement and Participating Dealer Agreement (Strategic Storage Trust, Inc.), Dealer Manager Agreement (Griffin Capital Essential Asset REIT, Inc.)
Survival of Provisions. 7.1. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, Company and (cb) the acceptance of any payment for the Shares.
Appears in 36 contracts
Samples: Dealer Manager Agreement (KBS Legacy Partners Apartment REIT, Inc.), Dealer Manager Agreement (KBS Real Estate Investment Trust III, Inc.), Dealer Manager Agreement (KBS Strategic Opportunity REIT, Inc.)
Survival of Provisions. a. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, and (cb) the acceptance of any payment for the Shares.
Appears in 27 contracts
Samples: Dealer Manager Agreement (Cohen & Steers Income Opportunities REIT, Inc.), Form of Dealer Manager Agreement (Oaktree Real Estate Income Trust, Inc.), Adviser Transition Agreement (Oaktree Real Estate Income Trust, Inc.)
Survival of Provisions. 7.1 The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, and (cb) the acceptance of any payment for the Shares.
Appears in 20 contracts
Samples: Dealer Manager Agreement (Pacific Office Properties Trust, Inc.), Dealer Manager (Gladstone Capital Corp), Participating Dealer Agreement (Gladstone Commercial Corp)
Survival of Provisions. 7.1. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, and (cb) the acceptance of any payment for the Shares.
Appears in 15 contracts
Samples: Dealer Manager Agreement (Griffin-American Healthcare REIT III, Inc.), Dealer Agreement (Grubb & Ellis Healthcare REIT II, Inc.), Dealer Manager Agreement (Griffin-American Healthcare REIT III, Inc.)
Survival of Provisions. a. The respective agreements, representations and warranties of the Company and the Managing Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Managing Dealer Manager or any Dealer Broker or any person controlling the Managing Dealer Manager or any Dealer Broker or by or on behalf of the Company or any person controlling the Company, and (cb) the acceptance of any payment for the Shares.
Appears in 8 contracts
Samples: Managing Dealer Agreement (Kennedy Lewis Capital Co), Managing Dealer Agreement (HPS Corporate Lending Fund), Managing Dealer Agreement (T. Rowe Price OHA Select Private Credit Fund)
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Company, the Dealer Manager or any Dealer or any person controlling the Company, the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the CompanyDealer, and (c) the acceptance of any payment for the Shares.
Appears in 7 contracts
Samples: Dealer Manager Agreement (Income Property Trust of the Americas Inc.), Dealer Manager Agreement (Industrial Income Trust Inc.), Dealer Manager Agreement (Industrial Income Trust Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer Dealers or by or on behalf of the Company or any person controlling the Company, and (c) the acceptance of any payment for the Shares.
Appears in 7 contracts
Samples: Dealer Manager Agreement (Hartman vREIT XXI, Inc.), Dealer Manager Agreement (Hartman Short Term Income Properties XX, Inc.), Dealer Manager Agreement (Hartman vREIT XXI, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company Partnership and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company Partnership, its partners or any person controlling the CompanyPartnership, and (c) the acceptance of any payment for the SharesUnits.
Appears in 6 contracts
Samples: Dealer Manager Distribution Agreement (Behringer Harvard Short Term Opportunity Fund I Lp), Dealer Manager Distribution Agreement (Behringer Harvard Mid Term Value Enhancement Fund I Lp), Dealer Manager Distribution Agreement (Behringer Harvard Mid Term Value Enhancement Fund I Lp)
Survival of Provisions. The respective agreements, representations and warranties of the Company Partnership and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company Partnership or any person controlling the CompanyPartnership, and (c) the acceptance of any payment for the SharesUnits.
Appears in 6 contracts
Samples: Selected Dealer Agreement (United Development Funding III, LP), United Development Funding III, LP, United Development Funding III, LP
Survival of Provisions. The respective agreements, representations and warranties of the Company Fund and the Dealer Dealer-Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (ai) any termination of this Agreement, (bii) any investigation made by or on behalf of the Dealer Dealer-Manager or any Dealer or any person controlling the Dealer Dealer-Manager or any Dealer or by or on behalf of the Company Managers or any person controlling the CompanyManagers, and to (ciii) the acceptance of any payment for the SharesUnits.
Appears in 5 contracts
Samples: Aei Income & Growth Fund 24 LLC, Aei Income & Growth Fund 24 LLC, Aei Income & Growth Fund 23 LLC
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company Company, its partners or any person controlling the Company, and (c) the acceptance of any payment for the SharesUnits.
Appears in 5 contracts
Samples: Manager Agreement (Vestin Fund Ii LLC), Escrow Agreement (Vestin Fund Iii LLC), Escrow Agreement (Re Investments Iii LLC)
Survival of Provisions. a. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer Offering Participant or any person controlling the Dealer Manager or any Dealer Offering Participant or by or on behalf of the Company or any person controlling the Company, and (cb) the acceptance of any payment for the Shares.
Appears in 5 contracts
Samples: Dealer Manager Agreement (J.P. Morgan Real Estate Income Trust, Inc.), Dealer Manager Agreement (J.P. Morgan Real Estate Income Trust, Inc.), Dealer Manager Agreement (Nuveen Global Cities REIT, Inc.)
Survival of Provisions. a. The respective agreements, representations and warranties of the Company Trust and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Participating Broker-Dealer or any person controlling the Dealer Manager or any Participating Broker-Dealer or by or on behalf of the Company Trust or any person controlling the Company, and Trust; (cb) the acceptance of any payment for the Shares; and (c) the delivery of signed Subscription Agreements.
Appears in 4 contracts
Samples: Dealer Manager Agreement (North Haven Net REIT), Dealer Manager Agreement (Starwood Credit Real Estate Income Trust), Dealer Manager Agreement (North Haven Net REIT)
Survival of Provisions. a. The respective agreements, representations and warranties of the Company and the Dealer Manager Parties set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager Parties or any Dealer Offering Participant or any person controlling the Dealer Manager Parties or any Dealer Offering Participant or by or on behalf of the Company or any person controlling the Company, and (cb) the acceptance of any payment for the Shares.
Appears in 4 contracts
Samples: Dealer Manager Agreement (BGO Industrial Real Estate Income Trust, Inc.), Form of Dealer Manager Agreement (BentallGreenOak Industrial Real Estate Income Trust, Inc.), Dealer Manager Agreement (BGO Industrial Real Estate Income Trust, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company and Company, the Dealer Manager and the Dealers set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, and (c) the acceptance of any payment for the Shares.
Appears in 4 contracts
Samples: Dealer Manager Agreement (Priority Senior Secured Income Fund, Inc.), Dealer Manager Agreement (Pathway Energy Infrastructure Fund, Inc.), Dealer Manager Agreement (Pathway Energy Infrastructure Fund, Inc.)
Survival of Provisions. a. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (bi) any investigation made by or on behalf of the Dealer Manager or any Selected Dealer or any person controlling the Dealer Manager or any Selected Dealer or by or on behalf of the Company or any person controlling the Company, and (cii) the acceptance of any payment for the Shares.
Appears in 4 contracts
Samples: Dealer Manager Agreement (Apollo Realty Income Solutions, Inc.), Dealer Manager Agreement (Apollo Realty Income Solutions, Inc.), Dealer Manager Agreement (Apollo Realty Income Solutions, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Dealer-Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (ai) any termination of this Agreement, (bii) any investigation made by or on behalf of the Dealer Dealer-Manager or any Dealer or any person controlling the Dealer Dealer-Manager or any Dealer or by or on behalf of the Company Managers or any person controlling the CompanyManagers, and to (ciii) the acceptance of any payment for the SharesUnits.
Appears in 3 contracts
Samples: AEI Income & Growth Fund 26 LLC, AEI Income & Growth Fund 26 LLC, AEI Income & Growth Fund 27 LLC
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Broker-Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Broker-Dealer or any person controlling the Dealer Manager or any Broker-Dealer or by or on behalf of the Company or any person controlling the Company, and (c) the acceptance of any payment for the Shares.
Appears in 3 contracts
Samples: Broker Dealer Agreement (Shopoff Properties Trust, Inc.), Broker Dealer Agreement (Shopoff Properties Trust, Inc.), Broker Dealer Agreement (Shopoff Properties Trust, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, and (c) the acceptance of any payment subscription for the SharesInterests.
Appears in 3 contracts
Samples: Dealer Manager Agreement (Black Creek Diversified Property Fund Inc.), Selected Dealer Agreement (Black Creek Diversified Property Fund Inc.), Dealer Manager Agreement (Dividend Capital Diversified Property Fund Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company Company, the Operating Partnership and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect until the Termination Date (as defined below) regardless of of: (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Participating Broker-Dealer or any person controlling the Dealer Manager or any Participating Broker-Dealer or by or on behalf of the Company Company, the Operating Partnership or any person controlling the Company, ; and (cb) the acceptance delivery of any payment for the Shares.Offered
Appears in 3 contracts
Samples: Dealer Manager Agreement (RREEF Property Trust, Inc.), Dealer Manager Agreement (RREEF Property Trust, Inc.), RREEF America Property Income Trust, Inc.
Survival of Provisions. (a) The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (bi) any investigation made by or on behalf of the Dealer Manager or any Wholesaler or Dealer or any person controlling the Dealer Manager or any Wholesaler or Dealer or by or on behalf of the Company or any person controlling the Company, and (cii) the acceptance of any payment for the SharesUnits.
Appears in 2 contracts
Samples: Dealer Manager Agreement (Belpointe PREP, LLC), Dealer Manager Agreement (Belpointe PREP, LLC)
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company Company, its directors or officers, or any person controlling the Company, and (c) the acceptance of any payment for the SharesNotes.
Appears in 2 contracts
Samples: Vestin Group Inc, Vestin Group Inc
Survival of Provisions. The respective agreements, representations and warranties of the Company Fund and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company Fund, its partners or any person controlling the CompanyFund, and (c) the acceptance of any payment for the SharesCertificates.
Appears in 2 contracts
Samples: Manager Agreement (Global Express Capital Real Estate Investment Fund I LLC), Manager Agreement (Global Express Capital Real Estate Investment Fund I LLC)
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement and the obligation of Company to reimburse out of pocket expenses, shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, and (c) the acceptance of any payment for the Shares.
Appears in 2 contracts
Samples: Dealer Manager Agreement (Klein Retail Centers, Inc.), Dealer Manager Agreement (Klein Retail Centers, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company Trust and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company Trust or any person controlling the CompanyTrust, and (c) the acceptance of any payment for the Shares.
Appears in 2 contracts
Samples: Form of Selected Dealer Agreement (United Development Funding IV), Form of Selected Dealer Agreement (United Development Funding IV)
Survival of Provisions. a. The respective agreements, representations and warranties of the Company Dealer Manager and the Sub-Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any the Sub-Dealer Manager or any person controlling the Dealer Manager or any the Sub-Dealer or by or on behalf of the Company or any person controlling the CompanyManager, and (cb) the acceptance of any payment for the Shares.
Appears in 1 contract
Samples: Sub Dealer Manager Agreement (BGO Industrial Real Estate Income Trust, Inc.)
Survival of Provisions. 5.1 The respective agreements, representations and warranties of the Company and the Managing Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Managing Dealer Manager or any Dealer Broker or any person controlling the Managing Dealer Manager or any Dealer Broker or by or on behalf of the Company or any person controlling the Company, and (cb) the acceptance of any payment for the Shares.
Appears in 1 contract
Samples: Managing Dealer Agreement (Golub Capital Private Credit Fund)
Survival of Provisions. (a) The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (bi) any investigation made by or on behalf of the Dealer Manager or any Dealer Intermediary or any person controlling the Dealer Manager or any Dealer Intermediary or by or on behalf of the Company or any person controlling the Company, and (cii) the acceptance of any payment for the Shares.
Appears in 1 contract
Samples: Dealer Manager Agreement (Apollo Infrastructure Co LLC)
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company Company, its partners or any person controlling the Company, and (c) the acceptance of any payment for the SharesNotes.
Appears in 1 contract
Samples: Vestin Group Inc
Survival of Provisions. The respective agreements, covenants, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Company, the Dealer Manager or any Dealer or any person controlling the Company, the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the CompanyDealer, and (c) the acceptance of any payment for the Shares.
Appears in 1 contract
Samples: Of Dealer Manager Agreement (Prime Realty Income Trust, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company Company, the Advisor and the Primary Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Company, the Advisor, the Primary Dealer Manager or any Dealer or any person controlling the Company, the Advisor, the Primary Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the CompanyDealer, and (c) the acceptance of any payment for the Shares.
Appears in 1 contract
Samples: Primary Dealer Agreement (FundCore Institutional Income Trust Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, and (c) the acceptance issuance of any payment for the DRP Shares.
Appears in 1 contract
Samples: Dealer Manager Agreement (Wells Real Estate Investment Trust Inc)
Survival of Provisions. 7.1. The respective agreements, representations and warranties of the Company and the Dealer Dealer-Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Dealer-Manager or any Broker/Dealer or Registered Investment Adviser, or any person controlling the Dealer Dealer-Manager or any Broker/Dealer or Registered Investment Adviser, or by or on behalf of the Company or any person controlling the Company, and (cb) the acceptance of any payment for the Shares.
Appears in 1 contract
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Manager Managers set forth in this Dealer Manager Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Dealer Manager Agreement, (b) any investigation made by or on behalf of the Dealer Manager Managers or any Dealer or any person controlling the Dealer Manager Managers or any Dealer or by or on behalf of the Company or any person controlling the Company, and (c) the acceptance of any payment for the Shares.
Appears in 1 contract
Samples: Dealer Manager Agreement (Strategic Storage Trust, Inc.)
Survival of Provisions. a. The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or Selected RIA or any person controlling the Dealer Manager or any Dealer or Selected RIA or by or on behalf of the Company or any person controlling the Company, and (cb) the acceptance of any payment for the Shares.
Appears in 1 contract
Samples: Dealer Manager Agreement (Nuveen Global Cities REIT, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company Partnership and the Dealer Manager set forth in this Dealer Manager Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Dealer Manager Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company Partnership, its partners or any person controlling the CompanyPartnership, and (c) the acceptance of any payment for the SharesUnits.
Appears in 1 contract
Samples: Dealer Manager Agreement (Wells Real Estate Fund Xiv Lp)
Survival of Provisions. a. The respective agreements, representations and warranties of the Company Partnership and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (bi) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company Partnership or any person controlling the CompanyPartnership, and or (cii) the acceptance of any payment for the SharesUnits.
Appears in 1 contract
Samples: Dealer Manager Agreement (Blackstone Private Equity Strategies Fund L.P.)
Survival of Provisions. 7.1 The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, Company and (cb) the acceptance of any payment for the Shares.
Appears in 1 contract
Samples: Dealer Manager Agreement (Passco Apartment REIT, Inc.)
Survival of Provisions. a.The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, and (cb) the acceptance of any payment for the Shares.
Appears in 1 contract
Samples: Dealer Manager Agreement (Ares Real Estate Income Trust Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company and Company, the Dealer Manager Manager, the Advisor and Ameriprise set forth in this Agreement or in certificates shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Company, the Dealer Manager Manager, Advisor or any Dealer Ameriprise or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, such party and (c) the acceptance of any payment for the Shares, and shall survive the Termination Date until the expiration of the relevant statute of limitations.
Appears in 1 contract
Samples: Selected Dealer Agreement (Behringer Harvard Opportunity REIT I, Inc.)
Survival of Provisions. The respective agreements, representations and warranties of the Company and the Dealer Dealer-Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (ai) any termination of this Agreement, (bii) any investigation made by or on behalf of the Dealer Dealer-Manager or any Dealer or any person controlling the Dealer Dealer-Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, and to (ciii) the acceptance of any payment for the Shares.
Appears in 1 contract
Samples: AEI Core Property Income Trust, Inc
