Absence of Violation or Default. The 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, except for such violations or defaults that have not and could not result in an Adviser Material Adverse Effect.
Appears in 21 contracts
Samples: Underwriting Agreement (Tortoise Energy Infrastructure Corp), Underwriting Agreement (Gabelli Healthcare & WellnessRx Trust), Underwriting Agreement (Tortoise Energy Capital Corp)
Absence of Violation or Default. The Each Adviser is not in violation of its limited liability company operating agreement certificate of incorporation, by-laws or other organizational documents or in default under any agreement, indenture or instrument, except for such violations or defaults that have not and could would not result in an Adviser Material Adverse Effect.
Appears in 14 contracts
Samples: Purchase Agreement (Neuberger Berman New York Intermediate Municipal Fund Inc), Purchase Agreement (Neuberger Berman Intermediate Municipal Fund Inc), Purchase Agreement (Neuberger Berman New York Intermediate Municipal Fund Inc)
Absence of Violation or Default. The Adviser is not in violation of its limited liability company operating agreement certificate of incorporation, by-laws or other organizational documents or in default under any agreement, indenture or instrument, except for such violations or defaults that would not have not a material adverse effect on the ability of the Adviser to perform its respective obligations under this Agreement and could not result in an Adviser Material Adverse Effectthe Advisory Agreement.
Appears in 5 contracts
Samples: Purchase Agreement (Flaherty & Crumrine/Claymore Total Return Fund Inc), Purchase Agreement (F&c/Claymore Preferred Securities Income Fund Inc), Purchase Agreement (F&c/Claymore Preferred Securities Income Fund Inc)
Absence of Violation or Default. The Adviser is not in violation of its limited liability company operating agreement charter, by-laws or other organizational documents or in default under any agreement, indenture or instrument, except for such violations or defaults that have not and could would not result in an Adviser Material Adverse Effect.
Appears in 4 contracts
Samples: RMK Multi (RMK Multi-Sector High Income Fund Inc), Underwriting Agreement (RMK High Income Fund Inc), RMK Strategic (RMK Strategic Income Fund Inc)
Absence of Violation or Default. The Such 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, except for where such violations violation or defaults that default would reasonably be expected to have not and could not result in an a material adverse effect on the ability of such Adviser Material Adverse Effectto perform its obligations under either of the Management Agreement or the Sub-Advisory Agreement to which it is a party.
Appears in 3 contracts
Samples: Purchase Agreement (Madison Claymore Covered Call Fund), Purchase Agreement (Ts&w / Claymore Tax-Advantaged Balanced Fund), Dreman Claymore Dividend & Income Fund
Absence of Violation or Default. The Adviser is not in violation of its limited liability company operating agreement certificate of incorporation, by-laws or other organizational documents or in default under any agreement, indenture or instrument, except for such violations which violation or defaults that default should reasonably be expected to have not a material adverse effect on the ability of the Adviser to perform its obligations under this Agreement and could not result in an Adviser Material Adverse Effectthe Management Agreement.
Appears in 3 contracts
Samples: Purchase Agreement (Pioneer High Income Trust), Purchase Agreement (Pioneer High Income Trust), Pioneer High Income Trust
Absence of Violation or Default. The Such 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, except for where such violations violation or defaults that default would reasonably be expected to have not and could not result in an a material adverse effect on the ability of such Adviser Material Adverse Effectto perform its obligations under either of the Investment Advisory Agreement or the Investment Management Agreement to which it is a party.
Appears in 2 contracts
Samples: Advent/Claymore Global Convertible Securities & Income Fund, Purchase Agreement (Advent/Claymore Enhanced Growth & Income Fund)
Absence of Violation or Default. The Adviser Advisor is not in violation of its limited liability company certificate of formation, its operating agreement or other organizational documents or in default under any agreement, indenture or instrument, instrument except for such violations or defaults that have not and could would not result in an Adviser a Material Adverse EffectEffect on the Advisor or the Fund.
Appears in 2 contracts
Samples: Auction Agency Agreement (Advent Claymore Convertible Securities & Income Fund), Auction Agency Agreement (Advent Claymore Convertible Securities & Income Fund)
Absence of Violation or Default. The Such 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, except for where such violations violation or defaults that default would reasonably be expected to have not and could not result in an a material adverse effect on the ability of such Adviser Material Adverse Effectto perform its obligations under, as applicable, the Advisory Agreement, the Sub-Advisory Agreement or the Additional Compensation Agreement[s].
Appears in 1 contract
Samples: Old Mutual/Claymore Long-Short Fund (f.k.a. Analytic Covered Call Plus Fund)
Absence of Violation or Default. The Adviser Advisor is not in violation of certificate of formation, its limited liability company operating agreement or other organizational documents or in default under any agreement, indenture or instrument, instrument except for such violations or defaults that have not and could would not result in an Adviser a Material Adverse EffectEffect on the Advisor or the Fund.
Appears in 1 contract
Samples: Advent Claymore Convertible Securities & Income Fund
Absence of Violation or Default. The Adviser Advisor is not in violation of its limited liability company operating agreement or other organizational documents or in default under any agreement, indenture or instrument, except for such violations or defaults that have not and could not result in an Adviser Advisor Material Adverse Effect.
Appears in 1 contract
Samples: Underwriting Agreement (Tortoise Energy Capital Corp)
Absence of Violation or Default. The Adviser is not in violation of its limited liability company operating agreement certificate of incorporation, by-laws or other organizational documents or in default under any agreement, indenture or instrument, instrument except for such violations or defaults that have not and could would not result in an Adviser a Material Adverse EffectEffect on the Adviser or the Fund.
Appears in 1 contract
