Absence of Violation or Default. The Investment Manager is not in violation of its 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 result in a material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Investment Manager or the Fund.
Appears in 26 contracts
Samples: Purchase Agreement (Cohen & Steers Reit & Utility Income Fund Inc), Purchase Agreement (Cohen & Steers Select Utility Fund Inc), Management Agreement (Cohen & Steers Closed-End Opportunity Fund, Inc.)
Absence of Violation or Default. The Investment Manager is not in violation of its certificate of incorporationformation, by-laws its operating agreement or other organizational documents or in default under any agreement, indenture or instrument except for such violations or defaults that would not result in a material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Investment Manager or the Fundinstrument.
Appears in 5 contracts
Samples: Wholesale Distribution Agreement (Ing Clarion Real Estate Income Fund), Offering Participation Agreement (Ing Clarion Global Real Estate Income Fund), Underwriter Participation Agreement (Advent Claymore Convertible Securities & Income Fund)
Absence of Violation or Default. The Investment Manager is not in violation of its certificate of incorporation, by-laws or other organizational documents or in default under any agreement, indenture or instrument except for instrument, where such violations violation or defaults that default would not result in reasonably be expected to have a material adverse change in effect on the condition, financial or otherwise, or in the earnings, business affairs or business prospects ability of the Investment Manager to perform its obligations under either of the Investment Management Agreement or the FundFee Agreements to which it is a party.
Appears in 2 contracts
Samples: Cohen & Steers MLP Income & Energy Opportunity Fund, Cohen & Steers LTD Duration Preferred & Income Fund, Inc.
Absence of Violation or Default. The Investment Manager is not in violation of its certificate of incorporation, by-laws or other organizational documents or in default under any agreement, indenture or instrument except for instrument, where such violations violation or defaults that default would not result in reasonably be expected to have a material adverse change in effect on the condition, financial or otherwise, or in the earnings, business affairs or business prospects ability of the Investment Manager to function as an investment adviser or perform its obligations under the FundManagement Agreement and each of the Sub-Advisory Agreements.
Appears in 1 contract
Samples: Purchase Agreement (Macquarie/First Trust Global Infrastr/Util Div & Inc Fund)
Absence of Violation or Default. The Investment Manager is not in violation of its certificate of incorporation, by-laws or other organizational documents or in default under any agreement, indenture or instrument except for instrument, where such violations violation or defaults that default would not result in reasonably be expected to have a material adverse change in effect on the condition, financial or otherwise, or in the earnings, business affairs or business prospects ability of the Investment Manager to perform its obligations under this Agreement, the Investment Management Agreement or the FundFee Agreements to which it is a party.
Appears in 1 contract
