Common use of Dealers’ Commissions Clause in Contracts

Dealers’ Commissions. (a) Subject to the volume discounts and other special circumstances described in or otherwise provided in the “Plan of Distribution” section of the Prospectus or this Section V, the Dealer Manager agrees to pay the Dealer selling commissions in the amount of 6.0% of the selling price of each Class R Share for which a sale is completed from the Class R Shares offered in the Offering. Dealer Manager will not pay selling commissions for shares issued through the Company’s distribution reinvestment plan (“DRIP Shares”) or sales of Class RIA Shares or Class I Shares or any Shares sold or issued prior to or outside of this Offering. Dealer Manager will reallow all the selling commissions, subject to federal and state securities laws, to the Dealer who sold Class R Shares, as described more fully in this Agreement. In no event shall the Dealer be entitled to payment of any compensation in connection with the Offering that is not completed according to this Agreement. The Company will not be liable or responsible to any Dealer for direct payment of commissions to any Dealer, it being the sole and exclusive responsibility of the Dealer Manager for payment of commissions to Dealers. Notwithstanding the above, at the discretion of the Company, the Company may act as agent of the Dealer Manager by making direct payment of commissions to Dealers on behalf of the Dealer Manager without incurring any liability therefor.

Appears in 2 contracts

Samples: Dealer Manager Agreement (Priority Income Fund, Inc.), Dealer Manager Agreement (Priority Income Fund, Inc.)

AutoNDA by SimpleDocs

Dealers’ Commissions. (a) Subject to the volume discounts and other special circumstances described in or otherwise provided in the “Plan of Distribution” section of the Prospectus or this Section V, the Dealer Manager agrees to pay the Dealer selling commissions in the amount of 6.07.0% of the selling price of each Class R Share for which a sale is completed from the Class R Shares offered in the Offering. Alternatively, if Dealer elects to receive selling commissions equal to 7.5% in accordance with this Agreement, the Dealer Manager agrees to pay the Dealer selling commissions in the amount of 7.5% of the selling price of each Class R Share for which a sale is completed from the Shares offered in the Offering, 2.5% of which selling commissions shall be payable at the time of such sale and 1% of which shall be paid on each anniversary of the closing of such sale up to and including the fifth anniversary of the closing of such sale. Dealer Manager will not pay selling commissions for shares issued through the Company’s distribution reinvestment plan (“DRIP Shares”) or sales of DRP Shares, Class RIA W Shares or Class I Shares or any Shares sold or issued prior to or outside of this OfferingShares. Dealer Manager will reallow all the selling commissions, subject to federal and state securities laws, to the Dealer who sold Class R Shares, as described more fully in this Agreement. In no event shall the Dealer be entitled to payment of any compensation in connection with the Offering that is not completed according to this Agreement. The Company will not be liable or responsible to any Dealer for direct payment of commissions to any Dealer, it being the sole and exclusive responsibility of the Dealer Manager for payment of commissions to Dealers. Notwithstanding the above, at the discretion of the Company, the Company may act as agent of the Dealer Manager by making direct payment of commissions to Dealers on behalf of the Dealer Manager without incurring any liability thereforliability.

Appears in 1 contract

Samples: Dealer Manager Agreement (Adaptive Real Estate Income Trust, Inc.)

Dealers’ Commissions. (a) Subject to the volume discounts and other special circumstances described in or otherwise provided in the “Plan of Distribution” section of the Prospectus Memorandum or this Section V, the Dealer Manager agrees to pay the Dealer selling commissions in the amount of 6.0up to 2.85% of the selling price of each Class R Share for which a sale is completed from the Class R Shares offered in the Offering. Dealer Manager will not pay selling commissions for shares issued through the Company’s distribution reinvestment plan (“DRIP Shares”) or sales of Class RIA Shares or Class I Shares or any Shares sold or issued prior to or outside of this Offering. Dealer Manager will reallow all the selling commissions, subject to federal and state securities lawslaws and FINRA compensation rules, to the Dealer who sold Class R Shares, as described more fully in this Agreement. In no event shall the Dealer be entitled to payment of any compensation in connection with the Offering that is not completed according to this Agreement. The Company will not be liable or responsible to any Dealer for direct payment of commissions to any Dealer, it being the sole and exclusive responsibility of the Dealer Manager for payment of commissions to Dealers. Notwithstanding the above, at the discretion of the Company, the Company may act as agent of the Dealer Manager by making direct payment of commissions to Dealers on behalf of the Dealer Manager without incurring any liability therefor.

Appears in 1 contract

Samples: Dealer Manager Agreement (Prospect Floating Rate & Alternative Income Fund, Inc.)

AutoNDA by SimpleDocs

Dealers’ Commissions. (a) Subject to the volume discounts and other special circumstances described in or otherwise provided in the “Plan of Distribution” section of the Prospectus or this Section V, the Dealer Manager agrees to pay the Dealer selling commissions in the amount of 6.0% of the selling price of each Class R A Share for which a sale is completed from the Class R A Shares offered in the Offering. Dealer Manager will not pay selling commissions for shares issued through the Company’s distribution reinvestment plan (“DRIP Shares”) or sales of Class RIA C Shares or Class I Shares or any Shares sold or issued prior to or outside of this Offering. Dealer Manager will reallow all the selling commissions, subject to federal and state securities laws, to the Dealer who sold Class R A Shares, as described more fully in this Agreement. In no event shall the Dealer be entitled to payment of any compensation in connection with the Offering that is not completed according to this Agreement. The Company will not be liable or responsible to any Dealer for direct payment of commissions to any Dealer, it being the sole and exclusive responsibility of the Dealer Manager for payment of commissions to Dealers. Notwithstanding the above, at the discretion of the Company, the Company may act as agent of the Dealer Manager by making direct payment of commissions to Dealers on behalf of the Dealer Manager without incurring any liability therefor.

Appears in 1 contract

Samples: Dealer Manager Agreement (Oxford Park Income Fund, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.