Relative Fault. The relative fault of the Company, the Selling Agent and the Participating Broker-Dealer, respectively, shall be determined by reference to, among other things, whether any such untrue or alleged untrue statement of a material fact or omission or alleged omission to state a material fact related to information supplied by the Company, by the Selling Agent or by the Participating Broker-Dealer, respectively, and the parties’ relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission.
Appears in 3 contracts
Sources: Selling Agreement (MVP REIT, Inc.), Selling Agreement (MVP REIT, Inc.), Selling Agreement (MVP Monthly Income Realty Trust, Inc.)
Relative Fault. The relative fault of the Company, Company and the Selling Agent and the Participating Broker-DealerAgent, respectively, shall be determined by reference to, among other things, whether any such untrue or alleged untrue statement of a material fact or omission or alleged omission to state a material fact related to information supplied by the Company, by the Selling Agent or by the Participating Broker-Dealer, respectivelyAgent, and the parties’ relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission.
Appears in 3 contracts
Sources: Selling Agreement (MVP REIT II, Inc.), Selling Agreement (MVP REIT II, Inc.), Selling Agreement (MVP REIT II, Inc.)
Relative Fault. The relative fault of the Company, the Selling Agent Dealer Manager and the Participating Broker-Dealer, respectively, shall be determined by reference to, among other things, whether any such untrue or alleged untrue statement of a material fact or omission or alleged omission to state a material fact related to information supplied by the Company, by the Selling Agent Dealer Manager or by the Participating Broker-Dealer, respectively, and the parties’ relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission.
Appears in 2 contracts
Sources: Dealer Manager Agreement (Terra Fixed Income Trust, Inc.), Dealer Manager Agreement (Terra Secured Income Trust, Inc.)
Relative Fault. The relative fault of the Company, on the Selling Agent one hand, and the Participating Broker-DealerAgents, respectivelyon the other hand, shall be determined by reference to, among other things, whether any such untrue or alleged untrue statement of a material fact or omission or alleged omission to state a material fact related relates to information supplied by the Company, by the Selling Agent Company or by the Participating Broker-Dealer, respectively, Agents and the parties’ relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission.
Appears in 2 contracts
Sources: Agency Agreement (Verses AI Inc.), Agency Agreement (Verses AI Inc.)
Relative Fault. The relative fault of the Company, the Selling Agent Dealer Manager and the Participating Broker-DealerDealers, respectively, shall be determined by reference to, among other things, whether any such untrue or alleged untrue statement of a material fact or omission or alleged omission to state a material fact related to information supplied by the Company, by the Selling Agent Dealer Manager or by the Participating Broker-Dealer, respectively, and the parties’ relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission.
Appears in 2 contracts
Sources: Dealer Manager Agreement (Nexpoint Diversified Real Estate Trust), Dealer Manager Agreement (NexPoint Real Estate Finance, Inc.)
Relative Fault. The relative fault of the Company, the Selling Agent Company and the Participating Broker-DealerPlacement Agent, respectively, shall be determined by reference to, among other things, whether any such untrue or alleged untrue statement of a material fact or omission or alleged omission to state a material fact related to information supplied by the Company, by the Selling Agent or by the Participating Broker-Dealer, respectivelyPlacement Agent, and the parties’ ' relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission.
Appears in 1 contract
Relative Fault. The relative fault of the Company, the Selling Agent Dealer Manager and the Participating Broker-Dealer, respectively, shall be determined by reference to, among other things, whether any such untrue or alleged untrue statement of a material fact or omission or alleged omission to state a material fact related to information supplied by the Company, by the Selling Agent Dealer Manager or by the Participating Broker-Dealer, respectively, and the parties’ relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission.
Appears in 1 contract