Common use of Suitability Clause in Contracts

Suitability. In offering the Shares to any person, you and each Soliciting Dealer shall have reasonable grounds to believe (based on such information as the investment objectives, other investments, financial situation and needs of the person or any other information known by you after due inquiry) that: (i) such person has the capability of understanding the fundamental aspects of the Company, which capacity may be evidenced by the following: (A) the nature of employment experience; (B) educational level achieved; (C) access to advice from qualified sources, such as attorneys, accountants and tax advisors; and (D) prior experience with investments of a similar nature; (ii) such person has apparent understanding of: (A) the fundamental risks and possible financial hazards of this type of investment; (B) the lack of liquidity of this investment; (C) the Advisor’s role in directing or managing the investment; and (D) the tax consequences of the investment; and (iii) such person has the financial capability to invest in the Company and you or each Soliciting Dealer (as the case may be) shall maintain records disclosing the basis upon which you and each Soliciting Dealer determined the suitability of any persons offered Shares. Notwithstanding the foregoing, you and each Soliciting Dealer shall have reasonable grounds to believe that such person has either: (a) a minimum annual gross income of $70,000 and a minimum net worth (exclusive of home, home furnishing and automobiles) of $70,000; or (b) a minimum net worth (determined with the foregoing exclusions) of $250,000. Suitability standards are higher in certain states as set forth in the Subscription Agreement and the Prospectus. You and/or the Soliciting Dealers shall maintain, for at least six years, a record of the information obtained to determine that an investor meets the suitability standards imposed on the offer and sale of the Shares (both at the time of the initial subscription and at the time of any additional subscriptions) and a representation of the investor that the investor is investing for the investor’s own account or, in lieu of such representation, information indicating that the investor for whose account the investment was made met the suitability standards.

Appears in 8 contracts

Samples: Dealer Manager Agreement (American Realty Capital Trust, Inc.), Dealer Manager Agreement (American Realty Capital Trust, Inc.), Dealer Manager Agreement (American Realty Capital Trust, Inc.)

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Suitability. In offering the Shares to any person, you and each Soliciting Dealer shall have reasonable grounds to believe (based on such information as the investment objectives, other investments, financial situation and needs of the person or any other information known by you after due inquiry) that: (i) such person has the capability of understanding the fundamental aspects of the Company, which capacity may be evidenced by the following: (A) the nature of employment experience; (B) educational level achieved; (C) access to advice from qualified sources, such as attorneys, accountants and tax advisors; and (D) prior experience with investments of a similar nature; (ii) such person has apparent understanding of: (A) the fundamental risks and possible financial hazards of this type of investment; (B) the lack of liquidity of this investment; (C) the Advisor’s 's role in directing or managing the investment; and (D) the tax consequences of the investment; and (iii) such person has the financial capability to invest in the Company and you or each Soliciting Dealer (as the case may be) shall maintain records disclosing the basis upon which you and each Soliciting Dealer determined the suitability of any persons offered Shares; and (iv) such other information as we may reasonably request. Notwithstanding the foregoing, you and each Soliciting Dealer shall have reasonable grounds to believe that such person has either: (a) a minimum annual gross income of $70,000 45,000 and a minimum net worth (exclusive of home, home furnishing and automobiles) of $70,00045,000; or (b) a minimum net worth (determined with the foregoing exclusions) of $250,000150,000. Suitability standards are higher in certain states as set forth in the Subscription Agreement and the Prospectus. You and/or the Soliciting Dealers shall maintain, for at least six years, a record of the information obtained to determine that an investor meets the suitability standards imposed on the offer and sale of the Shares (both at the time of the initial subscription and at the time of any additional subscriptions) and a representation of the investor that the investor is investing for the investor’s 's own account or, in lieu of such representation, information indicating that the investor for whose account the investment was made met the suitability standards.

Appears in 7 contracts

Samples: Inland Western Retail Real Estate Trust Inc, Inland Western Retail Real Estate Trust Inc, Inland Western Retail Real Estate Trust Inc

Suitability. In offering the Shares to any person, you and each Soliciting Dealer shall have reasonable grounds to believe (based on such information as the investment objectives, other investments, financial situation and needs of the person or any other information known by you after due inquiry) that: (i) such person has the capability of understanding the fundamental aspects of the Company, which capacity may be evidenced by the following: (A) the nature of employment experience; (B) educational level achieved; (C) access to advice from qualified sources, such as attorneys, accountants and tax advisors; and (D) prior experience with investments of a similar nature; (ii) such person has apparent understanding of: (A) the fundamental risks and possible financial hazards of this type of investment; (B) the lack of liquidity of this investment; (C) the Advisor’s 's role in directing or managing the investment; and (D) the tax consequences of the investment; and (iii) such person has the financial capability to invest in the Company and you or each Soliciting Dealer (as the case may be) shall maintain records disclosing the basis upon which you and each Soliciting Dealer determined the suitability of any persons offered Shares. Notwithstanding the foregoing, you and each Soliciting Dealer shall have reasonable grounds to believe that such person has either: (a) a minimum annual gross income of $70,000 45,000 and a minimum net worth (exclusive of home, home furnishing and automobiles) of $70,00045,000; or (b) a minimum net worth (determined with the foregoing exclusions) of $250,000150,000. Suitability standards are higher in certain states as set forth in the Subscription Agreement and the Prospectus. You and/or the Soliciting Dealers shall maintain, for at least six years, a record of the information obtained to determine that an investor meets the suitability standards imposed on the offer and sale of the Shares (both at the time of the initial subscription and at the time of any additional subscriptions) and a representation of the investor that the investor is investing for the investor’s 's own account or, in lieu of such representation, information indicating that the investor for whose account the investment was made met the suitability standards.

Appears in 5 contracts

Samples: Dealer Manager Agreement (Inland Retail Real Estate Trust Inc), Inland Retail Real Estate (Inland Retail Real Estate Trust Inc), Dealer Manager Agreement (Inland Retail Real Estate Trust Inc)

Suitability. In offering the Shares to any person, you and each Soliciting Dealer shall have reasonable grounds to believe (based on such information as the investment objectives, other investments, financial situation and needs of the person or any other information known by you after due inquiry) that: (i) such person has the capability of understanding the fundamental aspects of the Company, which capacity may be evidenced by the following: (A) the nature of employment experience; (B) educational level achieved; (C) access to advice from qualified sources, such as attorneys, accountants and tax advisors; and (D) prior experience with investments of a similar nature; (ii) such person has apparent understanding of: (A) the fundamental risks and possible financial hazards of this type of investment; (B) the lack of liquidity of this investment; (C) the Advisor’s role in directing or managing the investment; and (D) the tax consequences of the investment; and (iii) such person has the financial capability to invest in the Company and you or each Soliciting Dealer (as the case may be) shall maintain records disclosing the basis upon which you and each Soliciting Dealer determined the suitability of any persons offered Shares. Notwithstanding the foregoing, you and each Soliciting Dealer shall have reasonable grounds to believe that such person has either: (a) a minimum annual gross income of $70,000 45,000 and a minimum net worth (exclusive of home, home furnishing and automobiles) of $70,00045,000; or (b) a minimum net worth (determined with the foregoing exclusions) of $250,000150,000. Suitability standards are higher in certain states as set forth in the Subscription Agreement and the Prospectus. You and/or the Soliciting Dealers shall maintain, for at least six years, a record of the information obtained to determine that an investor meets the suitability standards imposed on the offer and sale of the Shares (both at the time of the initial subscription and at the time of any additional subscriptions) and a representation of the investor that the investor is investing for the investor’s own account or, in lieu of such representation, information indicating that the investor for whose account the investment was made met the suitability standards.

Appears in 4 contracts

Samples: Dealer Manager Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.), Dealer Manager Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.), Dealer Manager Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.)

Suitability. In offering the Shares to any person, you and each Soliciting Dealer shall have reasonable grounds to believe (based on such information as the investment objectives, other investments, financial situation and needs of the person or any other information known by you after due inquiry) that: (i) such person has the capability of understanding the fundamental aspects of the Company, which capacity may be evidenced by the following: (A) the nature of employment experience; (B) educational level achieved; (C) access to advice from qualified sources, such as attorneys, accountants and tax advisors; and (D) prior experience with investments of a similar nature; (ii) such person has apparent understanding of: (A) the fundamental risks and possible financial hazards of this type of investment; (B) the lack of liquidity of this investment; (C) the Advisor’s 's role in directing or managing the investment; and (D) the tax consequences of the investment; and (iii) such person has the financial capability to invest in the Company and you or each Soliciting Dealer (as the case may be) shall maintain records disclosing the basis upon which you and each Soliciting Dealer determined the suitability of any persons offered Shares. Notwithstanding the foregoing, you and each Soliciting Dealer shall have reasonable grounds to believe that such person has either: (a) a minimum annual gross income of $70,000 45,000 and a minimum net worth (exclusive of home, home furnishing and automobiles) of $70,00045,000; or (b) a minimum net worth (determined with the foregoing exclusions) of $250,000150,000. Suitability standards are may be higher in certain states as set forth in the Subscription Agreement and the ProspectusAgreement. You and/or the Soliciting Dealers shall maintain, for at least six years, a record of the information obtained to determine that an investor meets the suitability standards imposed on the offer and sale of the Shares (both at the time of the initial subscription and at the time of any additional subscriptions) and a representation of the investor that the investor is investing for the investor’s 's own account or, in lieu of such representation, information indicating that the investor for whose account the investment was made met the suitability standards.

Appears in 2 contracts

Samples: Dealer Manager Agreement (Inland Monthly Income Fund Iii Inc), Inland Monthly Income Fund Iii Inc

Suitability. In offering the Shares to any person, you and each Soliciting Dealer shall have reasonable grounds to believe (based on such information as the investment objectives, other investments, financial situation and needs of the person or any other information known by you after due inquiry) inquiry that: (i) such the person has the capability of understanding the fundamental aspects of the Company, which capacity may be evidenced by Company from either the followingperson’s: (A) the nature of employment experience; (B) educational level achievedlevel; (C) access to advice from qualified sources, such as attorneys, accountants and tax advisors; and or (D) prior experience with investments of a similar nature; (ii) such the person has apparent understanding of: (A) the fundamental risks and possible financial hazards of this type of investment; (B) the risk that the person may lose the entire investment; (C) the lack of liquidity of this investment; (CD) the Advisorrestrictions on transferability of Shares; (E) the background and qualification of the Company’s role in directing or managing the investmentsponsor and its Business Manager; and (DF) the tax consequences of the investment; and (iii) such the person has the financial capability to invest can reasonably benefit from an investment in the Company based upon the person’s overall investment objectives and you portfolio structure; (iv) the person is able to bear the economic risk of the investment based on the person’s overall financial situation; and (v) such other information as we may reasonably request. You or each Soliciting Dealer (as the case may be) shall maintain records disclosing the basis upon which you and each Soliciting Dealer determined the suitability of any persons offered Shares. Notwithstanding the foregoingFurther, you and each Soliciting Dealer shall have reasonable grounds to believe that such the person has eithersatisfies the higher of the following suitability standards: (a1)(a) a minimum annual gross income of $70,000 45,000 and a minimum net worth (exclusive of excluding home, home furnishing furnishings and automobiles) of $70,00045,000; or (b) a minimum net worth (determined with the foregoing exclusions) of $250,000. Suitability 150,000 (excluding home, home furnishings and automobiles); or (2) the suitability standards are higher in certain states as set forth in the Subscription Agreement and the ProspectusProspectus or Private Placement Memorandum for investors residing in certain states or in Canada. You and/or the and each Soliciting Dealers Dealer shall maintain, for at least six years, a record of the information obtained to determine that an investor meets the suitability standards imposed on the offer and sale of the Shares (both at the time of the initial subscription and at the time of any additional subscriptions) and a representation of from the investor that the investor is investing for the investor’s own account or, in lieu of such representation, information indicating that the investor for whose account the investment was made met satisfied the suitability standards.

Appears in 2 contracts

Samples: Dealer Manager Agreement (Inland American Real Estate Trust, Inc.), Inland American (Inland American Real Estate Trust, Inc.)

Suitability. In offering the Shares to any person, you and each Soliciting Dealer shall have reasonable grounds to believe (based on such information as the investment objectives, other investments, financial situation and needs of the person or any other information known by you after due inquiry) that: (i) such person has the capability of understanding the fundamental aspects of the Company, which capacity may be evidenced by the following: (A) the nature of employment experience; (B) educational level achieved; (C) access to advice from qualified sources, such as attorneys, accountants and tax advisors; and (D) prior experience with investments of a similar nature; (ii) such person has apparent understanding of: (A) the fundamental risks and possible financial hazards of this type of investment; (B) the lack of liquidity of this investment; (C) the Advisor’s role in directing or managing the investment; and (D) the tax consequences of the investment; and (iii) such person has the financial capability to invest in the Company and you or each Soliciting Dealer (as the case may be) shall maintain records disclosing the basis upon which you and each Soliciting Dealer determined the suitability of any persons offered Shares. Notwithstanding the foregoing, you and each Soliciting Dealer shall have reasonable grounds to believe that such person has either: (a) a minimum annual gross income of $70,000 75,000 and a minimum net worth (exclusive of home, home furnishing and automobiles) of $70,00075,000; or (b) a minimum net worth (determined with the foregoing exclusions) of $250,000. Suitability standards are higher in certain states as set forth in the Subscription Agreement and the Prospectus. You and/or the Soliciting Dealers shall maintain, for at least six years, a record of the information obtained to determine that an investor meets the suitability standards imposed on the offer and sale of the Shares (both at the time of the initial subscription and at the time of any additional subscriptions) and a representation of the investor that the investor is investing for the investor’s own account or, in lieu of such representation, information indicating that the investor for whose account the investment was made met the suitability standards.

Appears in 1 contract

Samples: Dealer Manager Agreement (Lightstone Value Plus Real Estate Investment Trust Ii Inc)

Suitability. In offering the Shares to any person, you and each Soliciting Dealer shall have reasonable grounds to believe (based on such information as the investment objectives, other investments, financial situation and needs of the person or any other information known by you after due inquiry) inquiry that: (i) such the person has the capability of understanding the fundamental aspects of the Company, which capacity may be evidenced by Company from either the followingperson's: (A) the nature of employment experience; (B) educational level achievedlevel; (C) access to advice from qualified sources, such as attorneys, accountants and tax advisors; and or (D) prior experience with investments of a similar nature; (ii) such the person has apparent understanding of: (A) the fundamental risks and possible financial hazards of this type of investment; (B) the risk that the person may lose the entire investment; (C) the lack of liquidity of this investment; (CD) the Advisor’s role in directing or managing restrictions on transferability of Shares; (E) the investmentbackground and qualification of the Company's sponsor and its Business Manager; and (DF) the tax consequences of the investment; and (iii) such the person has the financial capability to invest can reasonably benefit from an investment in the Company based upon the person's overall investment objectives and you portfolio structure; (iv) the person is able to bear the economic risk of the investment based on the person's overall financial situation; and (v) such other information as we may reasonably request. You or each Soliciting Dealer (as the case may be) shall maintain records disclosing the basis upon which you and each Soliciting Dealer determined the suitability of any persons offered Shares. Notwithstanding the foregoingFurther, you and each Soliciting Dealer shall have reasonable grounds to believe that such the person has eithersatisfies the higher of the following suitability standards: (a1)(a) a minimum annual gross income of $70,000 45,000 and a minimum net worth (exclusive of excluding home, home furnishing furnishings and automobiles) of $70,00045,000; or (b) a minimum net worth (determined with the foregoing exclusions) of $250,000. Suitability 150,000 (excluding home, home furnishings and automobiles); or (2) the suitability standards are higher in certain states as set forth in the Subscription Agreement and the ProspectusProspectus or Private Placement Memorandum for investors residing in certain states or in Canada. You and/or the and each Soliciting Dealers Dealer shall maintain, for at least six years, a record of the information obtained to determine that an investor meets the suitability standards imposed on the offer and sale of the Shares (both at the time of the initial subscription and at the time of any additional subscriptions) and a representation of from the investor that the investor is investing for the investor’s 's own account or, in lieu of such representation, information indicating that the investor for whose account the investment was made met satisfied the suitability standards.

Appears in 1 contract

Samples: Dealer Management Agreement (Inland American Real Estate Trust, Inc.)

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Suitability. In offering the Shares to any person, you and each Soliciting Dealer shall have reasonable grounds to believe (based on such information as the investment objectives, other investments, financial situation and needs of the person or any other information known by you after due inquiry) that: (i) such person has the capability of understanding the fundamental aspects of the Company, which capacity may be evidenced by the following: (A) the nature of employment experience; (B) educational level achieved; (C) access to advice from qualified sources, such as attorneys, accountants and tax advisors; and (D) prior experience with investments of a similar nature; (ii) such person has apparent understanding of: (A) the fundamental risks and possible financial hazards of this type of investment; (B) the lack of liquidity of this investment; (C) the Advisor’s role in directing or managing the investment; and (D) the tax consequences of the investment; and (iii) such person has the financial capability to invest in the Company and you or each Soliciting Dealer (as the case may be) shall maintain records disclosing the basis upon which you and each Soliciting Dealer determined the suitability of any persons offered Shares; and (iv) such other information as we may reasonably request. Notwithstanding the foregoing, you and each Soliciting Dealer shall have reasonable grounds to believe that such person has either: (a) a minimum annual gross income of $70,000 45,000 and a minimum net worth (exclusive of home, home furnishing and automobiles) of $70,00045,000; or (b) a minimum net worth (determined with the foregoing exclusions) of $250,000150,000. Suitability standards are higher in certain states as set forth in the Subscription Agreement and the Prospectus. You and/or the Soliciting Dealers shall maintain, for at least six years, a record of the information obtained to determine that an investor meets the suitability standards imposed on the offer and sale of the Shares (both at the time of the initial subscription and at the time of any additional subscriptions) and a representation of the investor that the investor is investing for the investor’s own account or, in lieu of such representation, information indicating that the investor for whose account the investment was made met the suitability standards.

Appears in 1 contract

Samples: Inland Western Retail (Inland Western Retail Real Estate Trust Inc)

Suitability. In offering the Shares to any person, you and each Soliciting Dealer shall have reasonable grounds to believe (based on such information as the investment objectives, other investments, financial situation and needs of the person or any other information known by you after due inquiry) inquiry that: (i) such the person has the capability of understanding the fundamental aspects of the Company, which capacity may be evidenced by Company from either the followingperson's: (A) the nature of employment experience; (B) educational level achievedlevel; (C) access to advice from qualified sources, such as attorneys, accountants and tax advisors; and or (D) prior experience with investments of a similar nature; (ii) such the person has apparent understanding of: (A) the fundamental risks and possible financial hazards of this type of investment; (B) the risk that the person may lose the entire investment; (C) the lack of liquidity of this investment; (CD) the Advisor’s role in directing or managing restrictions on transferability of Shares; (E) the investmentbackground and qualification of the Company's sponsor and its Business Manager; and (DF) the tax consequences of the investment; and (iii) such the person has the financial capability to invest can reasonably benefit from an investment in the Company based upon the person's overall investment objectives and you portfolio structure; (iv) the person is able to bear the economic risk of the investment based on the person's overall financial situation; and (v) such other information as we may reasonably request. You or each Soliciting Dealer (as the case may be) shall maintain records disclosing the basis upon which you and each Soliciting Dealer determined the suitability of any persons offered Shares. Notwithstanding the foregoingFurther, you and each Soliciting Dealer shall have reasonable grounds to believe that such the person has eithersatisfies the higher of the following suitability standards: (a1)(a) a minimum annual gross income of $70,000 45,000 and a minimum net worth (exclusive of excluding home, home furnishing furnishings and automobiles) of $70,00045,000; or (b) a minimum net worth (determined with the foregoing exclusions) of $250,000. Suitability 150,000 (excluding home, home furnishings and automobiles); or (2) the suitability standards are higher in certain states as set forth in the Subscription Agreement and the ProspectusProspectus or Private Placement Memorandum for investors residing in certain states or in Canada. You and/or the and each Soliciting Dealers Dealer shall maintain, for at least six years, a record of the information obtained to determine that an investor meets the suitability standards imposed on the offer and sale of the Shares (both at the time of the initial subscription and at 12 the time of any additional subscriptions) and a representation of from the investor that the investor is investing for the investor’s 's own account or, in lieu of such representation, information indicating that the investor for whose account the investment was made met satisfied the suitability standards.

Appears in 1 contract

Samples: Dealer Management Agreement (Inland American Real Estate Trust, Inc.)

Suitability. In offering the Shares to any person, you and each Soliciting Dealer shall have reasonable grounds to believe (based on such information as the investment objectives, other investments, financial situation and needs of the person or any other information known by you after due inquiry) inquiry that: (i) such the person has the capability of understanding the fundamental aspects of the Company, which capacity may be evidenced by Company from either the followingperson’s: (A) the nature of employment experience; (B) educational level achievedlevel; (C) access to advice from qualified sources, such as attorneys, accountants and tax advisors; and or (D) prior experience with investments of a similar nature; (ii) such the person has apparent understanding of: (A) the fundamental risks and possible financial hazards of this type of investment; (B) the risk that the person may lose the entire investment; (C) the lack of liquidity of this investment; (CD) the Advisorrestrictions on transferability of Shares; (E) the background and qualification of the Company’s role in directing or managing the investmentsponsor, Business Manager and Real Estate Managers; and (DF) the tax consequences of the investment; and (iii) such the person has the financial capability to invest can reasonably benefit from an investment in the Company based upon the person’s overall investment objectives and you portfolio structure; (iv) the person is able to bear the economic risk of the investment based on the person’s overall financial situation; and (v) such other information as we may reasonably request. You or each Soliciting Dealer (as the case may be) shall maintain records disclosing the basis upon which you and each Soliciting Dealer determined the suitability of any persons offered Shares. Notwithstanding the foregoingFurther, you and each Soliciting Dealer shall have reasonable grounds to believe that such the person has eithersatisfies the higher of the following suitability standards: (a1)(a) a minimum annual gross income of $70,000 and a minimum net worth (exclusive of excluding home, home furnishing furnishings and automobiles) of $70,000; or (b) a minimum net worth (determined with the foregoing exclusions) of $250,000. Suitability 250,000 (excluding home, home furnishings and automobiles); or (2) the suitability standards are higher in certain states as set forth in the Subscription Agreement and the ProspectusProspectus or Private Placement Memorandum for investors residing in certain states or in Canada. You and/or the and each Soliciting Dealers Dealer shall maintain, for at least six years, a record of the information obtained to determine that an investor meets the suitability standards imposed on the offer and sale of the Shares (both at the time of the initial subscription and at the time of any additional subscriptions) and a representation of from the investor that the investor is investing for the investor’s own account or, in lieu of such representation, information indicating that the investor for whose account the investment was made met satisfied the suitability standards.

Appears in 1 contract

Samples: Soliciting Dealers Agreement (Inland Diversified Real Estate Trust, Inc.)

Suitability. In offering the Shares to any person, you and each Soliciting Dealer shall have reasonable grounds to believe (based on such information as the investment objectives, other investments, financial situation and needs of the person or any other information known by you after due inquiry) that: (i) such person has the capability of understanding the fundamental aspects of the Company, which capacity may be evidenced by the following: (A) the nature of employment experience; (B) educational level achieved; (C) access to advice from qualified sources, such as attorneys, accountants and tax advisors; and (D) prior experience with investments of a similar nature; (ii) such person has apparent understanding of: (A) the fundamental risks and possible financial hazards of this type of investment; (B) the lack of liquidity of this investment; (C) the Advisor’s 's role in directing or managing the investment; and (D) the tax consequences of the investment; and (iii) such person has the financial capability to invest in the Company and you or each Soliciting Dealer (as the case may be) shall maintain records disclosing the basis upon which you and each Soliciting Dealer determined the suitability of any persons offered Shares. Notwithstanding the foregoing, you and each Soliciting Dealer shall have reasonable grounds to believe that such person has either: (a) a minimum annual gross income of $70,000 45,000 and a minimum net worth (exclusive of home, home furnishing and automobiles) of $70,00045,000; or (b) a minimum net worth (determined with the foregoing exclusions) of $250,000150,000. Suitability standards are may be higher in certain states as set forth in the Subscription Agreement and the ProspectusAgreement. You and/or the Soliciting Dealers shall maintain, for at least six years, a record of the information obtained to determine that an investor meets the suitability standards imposed on the offer and sale of the Shares (both at the time of the initial subscription and at the time of any additional subscriptions) and a representation of the investor that the investor is investing for the investor’s own account or, in lieu of such representation, information indicating that the investor for whose account the investment was made met the suitability standards.the

Appears in 1 contract

Samples: Inland Monthly Income Fund Iii Inc

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