Common use of Absence of Violation or Default Clause in Contracts

Absence of Violation or Default. The Investment Adviser is not in violation of its organizational documents or in default under any agreement, indenture or instrument, where such violation or default would reasonably be expected to have a material adverse effect on the ability of the Investment Adviser to perform its obligations under the Investment Management Agreement.

Appears in 37 contracts

Samples: Underwriting Agreement (Nuveen California Amt-Free Municipal Income Fund), Underwriting Agreement (Nuveen Connecticut Premium Income Municipal Fund), Underwriting Agreement (Nuveen North Carolina Premium Income Municipal Fund)

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Absence of Violation or Default. The Investment Adviser is not (A) in violation of its organizational documents or (B) in default under any agreement, indenture or instrument, except, with respect to (B) only, where such violation or default would not, singly or in the aggregate, reasonably be expected to have a material adverse effect on the ability of the Investment Adviser to perform its obligations under the Investment Management Agreement or the Sub-Advisory Agreement.

Appears in 11 contracts

Samples: Underwriting Agreement (Nuveen AMT-Free Municipal Credit Income Fund), Underwriting Agreement (Nuveen AMT-Free Municipal Credit Income Fund), Underwriting Agreement (Nuveen AMT-Free Quality Municipal Income Fund)

Absence of Violation or Default. The Investment Adviser is not in violation of its certificate of formation, its operating agreement or other organizational documents or in default under any agreement, indenture or instrument, where such violation or default would reasonably be expected to have a material adverse effect Material Adverse Effect on the Investment Adviser's ability of the Investment Adviser to function as an investment adviser or perform its obligations under the Investment Management Advisory Agreement.

Appears in 7 contracts

Samples: Purchase Agreement (Muniyield Florida Fund), Purchase Agreement (Muniyield Pennsylvania Fund), Purchase Agreement (Muni Intermediate Duration Fund Inc)

Absence of Violation or Default. The Investment Adviser is not in violation of its organizational documents or in default under any agreement, indenture or instrument, where such violation or default would reasonably be expected to have a material adverse effect on the ability of the Investment Adviser to perform its obligations under the Investment Management Agreement, the Additional Compensation Agreement or the Structuring Fee Agreements.

Appears in 6 contracts

Samples: Underwriting Agreement (Nuveen New Jersey Municipal Value Fund), Underwriting Agreement (Nuveen New York Municipal Value Fund 2), Underwriting Agreement (Nuveen Pennsylvania Municipal Value Fund)

Absence of Violation or Default. The Investment Adviser is not in violation of its organizational documents or in default under any agreement, indenture or instrument, where such violation or default would reasonably be expected to have a material adverse effect on the ability of the Investment Adviser to perform its obligations under the Investment Management Agreement or the Sub-Advisory Agreement.

Appears in 6 contracts

Samples: Underwriting Agreement (Nuveen California Dividend Advantage Municipal Fund 3), Underwriting Agreement (Nuveen California Dividend Advantage Municipal Fund 3), Underwriting Agreement (Nuveen Ohio Dividend Advantage Municipal Fund 3)

Absence of Violation or Default. The Investment Adviser is not in violation of its organizational documents limited partnership agreement or in default under any agreement, indenture or instrument, where such violation or default would reasonably be expected to have a material adverse effect on the ability of the Investment Adviser to function as an investment adviser or perform its obligations under the Investment Management Advisory Agreement.

Appears in 6 contracts

Samples: Purchase Agreement (Clough Global Allocation Fund), Clough Global Equity Fund, Clough Global Allocation Fund

Absence of Violation or Default. The Investment Adviser is not in violation of its certificate of limited partnership, its limited partnership agreement or other organizational documents or in default under any agreement, indenture or instrument, where such violation or default would reasonably be expected to have a material adverse effect Material Adverse Effect on the Investment Adviser's ability of the Investment Adviser to function as an investment adviser or perform its obligations under the Investment Management Advisory Agreement.

Appears in 6 contracts

Samples: Purchase Agreement (Capital & Income Strategies Fund Inc), Purchase Agreement (Enhanced Equity Yield & Premium Fund, Inc.), Purchase Agreement (Floating Rate Income Strategies Fund Ii Inc)

Absence of Violation or Default. The Investment Adviser is not in violation of its limited liability company operating agreement or other organizational documents or in default under any agreement, indenture or instrument, where except for such violation violations or default would reasonably be expected to defaults that have a material adverse effect on the ability of the Investment not and could not result in an Adviser to perform its obligations under the Investment Management AgreementMaterial Adverse Effect.

Appears in 4 contracts

Samples: Underwriting Agreement (Salient MLP & Energy Infrastructure Fund), Administration Agreement (Tortoise Pipeline & Energy Fund, Inc.), Underwriting Agreement (Salient MLP & Energy Infrastructure Fund)

Absence of Violation or Default. The Investment Adviser is not in violation of its organizational documents or in default under any agreement, indenture or instrument, where such violation or default would reasonably be expected to have a material adverse effect on the ability of the Investment Adviser to function as an investment adviser or perform its obligations under the Investment Management AgreementAgreement and each of the Sub-Advisory Agreements.

Appears in 4 contracts

Samples: Management Agreement (First Trust Four Corners Senior Floating Rate Income Fund Ii), Purchase Agreement (First Trust/Fiduciary Asset Management Covered Call Fund), Purchase Agreement (First Trust Four Corners Senior Floating Rate Income Fund Ii)

Absence of Violation or Default. The Investment Adviser Advisor is not in violation of its organizational documents Articles of Organization or By-Laws or in default under any agreement, indenture or instrument, where such violation or default would reasonably be expected to have a material adverse effect Material Adverse Effect on the ability of the Investment Adviser Advisor to function as an investment adviser or perform its obligations under the Investment Management Advisory Agreement.

Appears in 2 contracts

Samples: Reaves Utility Income Fund, Reaves Utility Income Fund

Absence of Violation or Default. The Investment Adviser is not in violation of its organizational documents or in default under any agreement, indenture or instrument, where such violation or default would reasonably be expected to have a material adverse effect on the ability of the Investment Adviser to perform its obligations under the Investment Management AgreementAgreement or [any fee agreements].

Appears in 2 contracts

Samples: Underwriting Agreement (Nuveen Build America Bond Fund), Underwriting Agreement (Nuveen Build America Bond Fund)

Absence of Violation or Default. The Investment Adviser is not in violation of its organizational documents or in default under any agreement, indenture or instrument, where such violation or default would reasonably be expected to have a material adverse effect on the ability of the Investment Adviser to perform its obligations under the Investment Management Advisory Agreement, the Additional Compensation Agreement or the Structuring Fee Agreements.

Appears in 2 contracts

Samples: Nuveen Municipal High Income Opportunity Fund 2, Nuveen Municipal High Income Opportunity Fund 2

Absence of Violation or Default. The Investment Adviser is not in violation of its organizational documents or in default under any agreement, indenture or instrument, where such violation or default would reasonably be expected to have a material adverse effect on the ability of the Investment Adviser to function as an investment adviser or perform its obligations under the Investment Management Advisory Agreement, the Subadvisory Agreements or the Additional Compensation Agreement.

Appears in 2 contracts

Samples: SunAmerica Focused Alpha Large-Cap Fund, Inc., SunAmerica Focused Alpha Growth Fund, Inc.

Absence of Violation or Default. The Investment Adviser is not in violation of its certificate of incorporation, by-laws or other organizational documents or in default under any agreement, indenture or instrument, where except for such violation violations or default defaults that would reasonably be expected to have not result in a material adverse effect Material Adverse Effect on the ability of the Investment Adviser to perform its obligations under or the Investment Management AgreementFund.

Appears in 2 contracts

Samples: Purchase Agreement (Calamos Convertible Opportunities & Income Fund), Purchase Agreement (Calamos Convertible Opportunities & Income Fund)

Absence of Violation or Default. The Investment Adviser is not in violation of its organizational documents or in default under any agreement, indenture or instrument, where such violation or default would reasonably be expected to have a material adverse effect Material Adverse Effect on the ability of the Investment Adviser to function as an investment adviser or perform its obligations under the Investment Management Advisory Agreement.

Appears in 2 contracts

Samples: Eaton Vance Tax-Managed Buy-Write Opportunities Fund, Eaton Vance Short Duration Diversified Income Fund

Absence of Violation or Default. The Investment Adviser is not in violation of its certificate of incorporation, by-laws or other organizational documents or in default under any agreement, indenture or instrument, where instrument except for such violation violations or default defaults that would reasonably be expected to have not result in a material adverse effect on the ability of the Investment Adviser to perform its obligations under or a Trust Material Adverse Effect on the Investment Management AgreementTrust.

Appears in 1 contract

Samples: Purchase Agreement (BlackRock Health Sciences Trust)

Absence of Violation or Default. The Investment Adviser is not in violation of its certificate of formation, limited liability company agreement, by-laws or other organizational documents or in default under any agreement, indenture or instrument, where instrument except for such violation violations or default defaults that would reasonably be expected to have not result in a material adverse effect on change in the ability condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Investment Adviser to perform its obligations under or the Investment Management AgreementFund.

Appears in 1 contract

Samples: Purchase Agreement (Gabelli Global Gold, Natural Resources & Income Trust)

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Absence of Violation or Default. The Investment Adviser is not in violation of its certificate of formation, by-laws or other organizational documents or in default under any agreement, indenture or instrument, where instrument except for such violation violations or default defaults that would reasonably be expected to have not result in a material adverse effect on change in the ability condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Investment Adviser to perform its obligations under or the Investment Management AgreementFund.

Appears in 1 contract

Samples: Purchase Agreement (Gabelli Equity Trust Inc)

Absence of Violation or Default. The Investment Adviser is not in violation of its organizational documents or in default under any agreement, indenture or instrument, where such violation or default would reasonably be expected to have a material adverse effect on the ability of the Investment Adviser to function as an investment adviser or perform its obligations under the Investment Management Agreement, the Sub-Advisory Agreement and the Additional Compensation Agreement.

Appears in 1 contract

Samples: First Trust/Fidac Mortgage Income Fund

Absence of Violation or Default. The Investment Adviser is not in violation of its organizational documents or in default under any agreement, indenture or instrument, where such violation or default would reasonably be expected to have a material adverse effect on the ability of the Investment Adviser to function as an investment adviser or perform its obligations under the Investment Management Agreement, the Sub-Advisory Agreement and the Additional Compensation Agreements.

Appears in 1 contract

Samples: First Trust/Aberdeen Emerging Opportunity Fund

Absence of Violation or Default. The Investment Adviser is not in violation of its certificate of formation, limited liability company agreement, by-laws or other organizational documents or in default under any agreement, indenture or instrument, where instrument except for such violation violations or default defaults that would not reasonably be expected to have result in a material adverse effect on the ability of the Investment Adviser to perform its obligations under the Investment Management Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Gabelli Equity Trust Inc)

Absence of Violation or Default. The Investment Adviser is not in violation of its organizational documents or in default under any agreement, indenture or instrument, where such violation or default would should reasonably be expected to have a material adverse effect on the ability of the Investment Adviser to perform its obligations under the Investment Management Advisory Agreement.

Appears in 1 contract

Samples: Purchase Agreement (Pioneer Tax Advantaged Balanced Trust)

Absence of Violation or Default. The Investment Adviser Advisor is not in violation of its organizational documents or in default under any agreement, indenture or instrument, instrument where such violation or default would reasonably be expected to have a material adverse effect on the ability of the Investment Adviser Advisor to perform its obligations under this Agreement and the Investment Management Agreement.

Appears in 1 contract

Samples: Western Asset Claymore Us Treasury Inflation Pro Secu Fund

Absence of Violation or Default. The Investment Adviser Advisor is not in violation of its organizational documents or in default under any agreement, indenture or instrument, where such violation or default would reasonably be expected to have a material adverse effect on the ability of the Investment Adviser Advisor to perform its obligations under the Investment Management AgreementAgreement or the Fee Agreements to which it is a party.

Appears in 1 contract

Samples: Underwriting Agreement (Cohen & Steers Real Estate Opportunities & Income Fund)

Absence of Violation or Default. The Investment Adviser is not in violation of its certificate of incorporation, by-laws or other organizational documents or in default under any agreement, indenture or instrument, where except for such violation violations or default defaults that would reasonably be expected to have not result in a material adverse effect Material Adverse Effect on the ability of the Investment Adviser to perform its obligations under or a Material Adverse Effect on the Investment Management AgreementTrust.

Appears in 1 contract

Samples: Purchase Agreement (Calamos Convertible Opportunities & Income Fund)

Absence of Violation or Default. The Investment Adviser is not in violation of its organizational documents Organizational Documents or in default under any agreement, indenture or instrument, where except for such violation violations or default defaults that would not reasonably be expected to have a material adverse effect on result, individually or in the ability of the Investment aggregate, in an Adviser to perform its obligations under the Investment Management AgreementMaterial Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Rivernorth Opportunities Fund, Inc.)

Absence of Violation or Default. The Investment Adviser is not in violation of its organizational documents or in default under any agreement, indenture or instrument, where such violation or default would reasonably be expected to have a material adverse effect Material Adverse Effect on the ability of the Investment Adviser to function as an investment adviser or perform its obligations under the Investment Management Agreement.

Appears in 1 contract

Samples: Scudder Commodities Stock Fund, Inc.

Absence of Violation or Default. The Investment Adviser is not in violation of its articles of organization, by-laws or other organizational documents or in default under any agreement, indenture or instrument, where such violation or default would reasonably be expected to have a material adverse effect on the ability of the Investment Adviser to function as an investment adviser or perform its obligations under the Investment Management Advisory Agreement.

Appears in 1 contract

Samples: Purchase Agreement (Gabelli Global Deal Fund)

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