Common use of Authorization and Description of Shares Clause in Contracts

Authorization and Description of Shares. The Shares to be --------------------------------------- purchased by the Underwriter from the Fund have been duly authorized for issuance and sale to the Underwriter pursuant to this Agreement, and, when issued and delivered by the Fund pursuant to this Agreement against payment of the consideration set forth in this Agreement will be validly issued, fully paid and non-assessable; the Shares conform to all statements relating thereto contained in the Prospectus and such description conforms to the rights set forth in the instruments defining the same; no holder of the Shares will be subject to personal liability by reason of being such a holder; and the issuance of the Shares is not subject to the preemptive or other similar rights of any securityholder of the Fund.

Appears in 16 contracts

Samples: Purchase Agreement (Muniholdings Insured Fund Iii Inc), Purchase Agreement (Muniholdings Michigan Insured Fund Inc), Purchase Agreement (Muniholdings Michigan Insured Fund Inc)

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Authorization and Description of Shares. The Shares to be --------------------------------------- purchased by the Underwriter from the Fund have been duly authorized for issuance and sale to the Underwriter pursuant to this Agreement, and, when issued and delivered by the Fund pursuant to this Agreement against payment of the consideration set forth in this Agreement will be validly issued, fully paid and non-assessable; the Shares conform to all statements relating thereto contained in the Prospectus and such description conforms to the rights set forth in the instruments defining the same; no holder of the Shares will be subject to personal liability by reason of being such a holder; and the issuance of the Shares is not subject to the preemptive or other similar rights of any securityholder of the Fund.

Appears in 15 contracts

Samples: Purchase Agreement (Corporate High Yield Fund Iv), Purchase Agreement (Muniyield Fund Inc), Purchase Agreement (Market Participation Principal Protection Fund Inc)

Authorization and Description of Shares. The Shares to be --------------------------------------- purchased by the Underwriter Underwriters from the Fund have been duly authorized for issuance and sale to the Underwriter Underwriters pursuant to this Agreement, and, when issued and delivered by the Fund pursuant to this Agreement against payment of the consideration set forth in this Agreement will be validly issued, fully paid and non-assessable; the Shares conform in all material respects to all the statements relating thereto contained in the Prospectus and such description conforms to the rights set forth in the instruments defining the same; no holder of the Shares will be subject to personal liability by reason of being such a holder; and the issuance of the Shares is not subject to the preemptive or other similar rights of any securityholder of the Fund.

Appears in 9 contracts

Samples: Purchase Agreement (Defined Strategy Fund, Inc.), Purchase Agreement (MLP & Strategic Equity Fund Inc.), Purchase Agreement (S&P 500 GEARED Fund Inc.)

Authorization and Description of Shares. The Shares to be --------------------------------------- purchased by the Underwriter Underwriters from the Fund have been duly authorized for issuance and sale to the Underwriter Underwriters pursuant to this Agreement, and, when issued and delivered by the Fund pursuant to this Agreement against payment of the consideration set forth in this Agreement will be validly issued, fully paid and non-assessable; the Shares conform to all statements relating thereto contained in the Prospectus and such description conforms to the rights set forth in the instruments defining the same; no holder of the Shares will be subject to personal liability by reason of being such a holder; and the issuance of the Shares is not subject to the preemptive or other similar rights of any securityholder of the Fund.

Appears in 7 contracts

Samples: Purchase Agreement (Preferred Income Strategies Fund Inc), Purchase Agreement (Muni New York Intermediate Duration Fund Inc), Purchase Agreement (Preferred Income Strategies Fund Inc)

Authorization and Description of Shares. The Shares to be --------------------------------------- purchased by the Underwriter Underwriters from the Fund have been duly authorized for issuance and sale to the Underwriter Underwriters pursuant to this Agreement, and, when issued and delivered by the Fund pursuant to this Agreement against payment of the consideration set forth in this Agreement will be validly issued, fully paid and non-assessable; the Shares conform to all statements relating thereto contained in the Prospectus and such description conforms to the rights set forth in the instruments defining the same; no holder of the Shares will be subject to personal liability by reason of being such a holder; and the issuance of the Shares is not subject to the preemptive or other similar rights of any securityholder of the Fund.

Appears in 6 contracts

Samples: Purchase Agreement (Enhanced Equity Yield & Premium Fund, Inc.), Purchase Agreement (Diversified Income Strategies Portfolio, Inc.), Purchase Agreement (Enhanced Government Income Fund)

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Authorization and Description of Shares. The Shares to be --------------------------------------- purchased by the Underwriter from the Fund have been duly authorized and reserved for issuance and sale to the Underwriter pursuant to this Agreement, Agreement and, when issued and delivered by the Fund Company pursuant to this Agreement against payment of the consideration set forth in this Agreement herein, will be validly issued, issued and fully paid and non-assessable; the Shares conform Common Stock conforms to all statements relating thereto contained in each of the General Disclosure Package and the Prospectus in all material respects and such description conforms to the rights set forth in the instruments defining Articles of Incorporation of the sameCompany; no holder of the Shares will be subject to personal liability by reason of being such a holder; and the issuance of the Shares is not subject to the preemptive or other similar rights of any securityholder of the FundCompany.

Appears in 1 contract

Samples: Purchase Agreement (Bryn Mawr Bank Corp)

Authorization and Description of Shares. The Shares to be --------------------------------------- purchased by the Underwriter from the Fund have been --------------------------------------- duly authorized for issuance and sale to the Underwriter Purchaser pursuant to this Agreement, Agreement and, when issued and delivered by the Fund Company pursuant to this Agreement against payment of the consideration set forth in this Agreement herein, will be validly issued, fully paid and non-assessable; the Shares conform Common Stock conforms in all material respects to all statements relating thereto contained in the Prospectus and such description conforms in all material respects to the rights set forth in the instruments defining the same; no holder of the Shares will be subject to personal liability by reason of being such a holder; and the issuance of the Shares is not subject to the preemptive or other similar rights of any securityholder of the FundCompany.

Appears in 1 contract

Samples: Purchase Agreement (Wesley Jessen Visioncare Inc)

Authorization and Description of Shares. The Shares to be purchased --------------------------------------- purchased by the Underwriter from the Fund have been duly authorized for issuance and sale to the Underwriter pursuant to this Agreement, and, when issued and delivered by the Fund pursuant to this Agreement against payment of the consideration set forth in this Agreement will be validly issued, fully paid and non-assessable; the Shares conform to all statements relating thereto contained in the Prospectus and such description conforms to the rights set forth in the instruments defining the same; no holder of the Shares will be subject to personal liability by reason of being such a holder; and the issuance of the Shares is not subject to the preemptive or other similar rights of any securityholder of the Fund.

Appears in 1 contract

Samples: Purchase Agreement (Muniholdings Insured Fund Iv Inc)

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