Common use of Designation of Special Dividend Period Clause in Contracts

Designation of Special Dividend Period. (a) If the Fund delivers to the Auction Agent a notice of the Auction Date for APS for a Rate Period thereof that next succeeds a Rate Period that is not a Minimum Dividend Period in the form of Exhibit E to the Auction Agency Agreement; the Auction Agent shall deliver such notice to BD as promptly as practicable after its receipt of such notice from the Fund. (b) If the Board of Trustees proposes to designate any succeeding Subsequent Dividend Period of any series of APS as a Special Dividend Period and the Fund delivers to the Auction Agent a notice of such proposed Special Dividend Period in the form of Exhibit F to the Auction Agency Agreement, the Auction Agent shall deliver such notice to BD as promptly as practicable after its receipt of such notice from the Fund. (c) If the Board of Trustees determines to designate such succeeding Subsequent Dividend Period as a Special Dividend Period, and the Fund delivers to the Auction Agent a notice of such special Dividend Period in the form of Exhibit G to the Auction Agency Agreement not later than [ ] A.M. on the second Business Day next preceding the first day of such Rate Period, the Auction Agent shall deliver such notice to BD not later than [ ] P.M. on such second Business Day. (d) If the Fund shall deliver to the Auction Agent a notice not later than [ ] A.M. on the second Business Day next preceding the first day of any Rate Period stating that the Fund has determined not to exercise its option to designate such succeeding Subsequent Dividend Period as a Special Dividend Period, in the form of Exhibit H to the Auction Agency Agreement, or shall fail to timely deliver either such notice or a notice in the form of Exhibit G to the Auction Agency Agreement, the Auction Agent shall deliver a notice in the form of Exhibit H to the Auction Agency Agreement to BD not later than [ ] P.M. on such second Business Day.

Appears in 3 contracts

Samples: Broker Dealer Agreement (Van Kampen Trust for Investment Grade New York Municipals), Broker Dealer Agreement (Van Kampen Municipal Trust), Broker Dealer Agreement (Van Kampen Trust for Investment Grade Florida Municipals)

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Designation of Special Dividend Period. (a) If the Fund delivers to the Auction Agent a notice of the Auction Date for APS for a Rate Period thereof that next succeeds a Rate Period that is not a Minimum Dividend Period in the form of Exhibit E to the Auction Agency Agreement; , the Auction Agent shall deliver such notice to BD as promptly as practicable after its receipt of such notice from the Fund. (b) If the Board of Trustees proposes to designate any succeeding Subsequent Dividend Period of any series of the APS as a Special Dividend Period and the Fund delivers to the Auction Agent a notice of such proposed Special Dividend Period in the form of Exhibit F to the Auction Agency Agreement, the Auction Agent shall deliver such notice to BD as promptly as practicable after its receipt of such notice from the Fund. (c) If the Board of Trustees determines to designate such succeeding Subsequent Dividend Period as a Special Dividend Period, and the Fund delivers to the Auction Agent a notice of such special Special Dividend Period in the form of Exhibit G to the Auction Agency Agreement not later than [ ] 11:00 A.M. on the second Business Day next preceding the first day of such Rate Period, the Auction Agent shall deliver such notice to BD not later than [ ] 3:00 P.M. on such second Business Day. (d) If the Fund shall deliver to the Auction Agent a notice not later than [ ] 11:00 A.M. on the second Business Day next preceding the first day of any Rate Period stating that the Fund has determined not to exercise its option to designate such succeeding Subsequent Dividend Period as a Special Dividend Period, in the form of Exhibit H to the Auction Agency Agreement, or shall fail to timely deliver either such notice or a notice in the form of Exhibit G to the Auction Agency Agreement, the Auction Agent shall deliver a notice in the form of Exhibit H to the Auction Agency Agreement to BD not later than [ ] 3:00 P.M. on such second Business Day.

Appears in 3 contracts

Samples: Broker Dealer Agreement (Van Kampen Trust for Investment Grade Florida Municipals), Broker Dealer Agreement (Van Kampen Trust for Investment Grade New Jersey Municipals), Auction Agency Agreement (Van Kampen High Income Trust Ii)

Designation of Special Dividend Period. (a) If the Fund Corporation delivers to the its Auction Agent a notice of the Auction Date for APS the Preferred Shares of the Corporation for a Rate Dividend Period thereof that next succeeds a Rate Period that is not a Minimum Dividend Period in the form of Exhibit E to the Auction Agency Agreement; the Auction Agent shall deliver such notice to BD as promptly as practicable after its receipt of such notice from the Fund. (b) If the Board of Trustees proposes to designate any succeeding Subsequent Dividend Period of any series of APS as a Special Dividend Period and the Fund delivers to the Auction Agent a notice of such proposed Special Dividend Period in the form of Exhibit F to the Auction Agency AgreementPeriod, the Auction Agent shall deliver such notice to BD as promptly as practicable after its receipt of such notice from the FundCorporation. (b) If the Board of Directors of the Corporation proposes to designate any Dividend Period as a Special Dividend Period and the Corporation delivers to its Auction Agent a notice of such proposed Special Dividend Period in the form of Exhibit C to the Auction Agency Agreement, such Auction Agent shall deliver such notice to BD as promptly as practicable after its receipt of such notice from the Corporation. (c) If the Board of Trustees Directors of the Corporation determines to designate such succeeding Subsequent Dividend Period as a Special Dividend Period, and the Fund Corporation delivers to the its Auction Agent a notice of such special Special Dividend Period in the form of Exhibit G D to the Auction Agency Agreement not later than [ ] A.M. 3:00 p.m. on the second Business Day next preceding the first day of such Rate Dividend Period, the such Auction Agent shall deliver such notice to BD not later than [ ] P.M. promptly after being notified by the Corporation on such second Business Day. (d) If the Fund Corporation shall deliver to the its Auction Agent a notice not later than [ ] A.M. 3:00 p.m. on the second Business Day next preceding the first day of any Rate a proposed Special Dividend Period stating that the Fund Corporation has determined not to exercise its option to designate such succeeding Subsequent Dividend Period as a Special Dividend Period, in the form of Exhibit H E to the Auction Agency Agreement, or shall fail to timely deliver either such notice or a notice in the form of Exhibit G D to the Auction Agency Agreement, the such Auction Agent shall deliver a notice in the form of Exhibit H E to the Auction Agency Agreement to BD not later than [ ] P.M. promptly after being notified by the Corporation on such second Business Day.

Appears in 2 contracts

Samples: Broker Dealer Agreement (Gabelli Convertible & Income Securities Fund Inc), Broker Dealer Agreement (Gabelli Global Multimedia Trust Inc)

Designation of Special Dividend Period. (a) If the Fund Trust delivers to the its Auction Agent a notice of the Auction Date for APS the Preferred Shares of the Trust for a Rate Dividend Period thereof that next succeeds a Rate Period that is not a Minimum Dividend Period in the form of Exhibit E to the Auction Agency Agreement; the Auction Agent shall deliver such notice to BD as promptly as practicable after its receipt of such notice from the Fund. (b) If the Board of Trustees proposes to designate any succeeding Subsequent Dividend Period of any series of APS as a Special Dividend Period and the Fund delivers to the Auction Agent a notice of such proposed Special Dividend Period in the form of Exhibit F to the Auction Agency AgreementPeriod, the Auction Agent shall deliver such notice to BD as promptly as practicable after its receipt of such notice from the FundTrust. (b) If the Board of Trustees of the Trust proposes to designate any Dividend Period as a Special Dividend Period and the Trust delivers to its Auction Agent a notice of such proposed Special Dividend Period in the form of Exhibit C to the Auction Agency Agreement, such Auction Agent shall deliver such notice to BD as promptly as practicable after its receipt of such notice from the Trust. (c) If the Board of Trustees of the Trust determines to designate such succeeding Subsequent Dividend Period as a Special Dividend Period, and the Fund Trust delivers to the its Auction Agent a notice of such special Special Dividend Period in the form of Exhibit G D to the Auction Agency Agreement not later than [ ] A.M. 3:00 p.m. on the second Business Day next preceding the first day of such Rate Dividend Period, the such Auction Agent shall deliver such notice to BD not later than [ ] P.M. promptly after being notified by the Trust on such second Business Day. (d) If the Fund Trust shall deliver to the its Auction Agent a notice not later than [ ] A.M. 3:00 p.m. on the second Business Day next preceding the first day of any Rate a proposed Special Dividend Period stating that the Fund Trust has determined not to exercise its option to designate such succeeding Subsequent Dividend Period as a Special Dividend Period, in the form of Exhibit H E to the Auction Agency Agreement, or shall fail to timely deliver either such notice or a notice in the form of Exhibit G D to the Auction Agency Agreement, the such Auction Agent shall deliver a notice in the form of Exhibit H E to the Auction Agency Agreement to BD not later than [ ] P.M. promptly after being notified by the Trust on such second Business Day.

Appears in 2 contracts

Samples: Broker Dealer Agreement (Gabelli Dividend & Income Trust), Broker Dealer Agreement (Gabelli Utility Trust)

Designation of Special Dividend Period. (a) If the Fund delivers to the Auction Agent a notice of the Auction Date for APS No designation is necessary for a Rate Period thereof that next succeeds a Rate Period that is not a Minimum Standard Dividend Period in the form of Exhibit E to the Auction Agency Agreement; the Auction Agent Period, which shall deliver such notice to BD as promptly as practicable after its receipt of such notice from the Fundlast seven calendar days. (b) Pursuant to the Articles Supplementary, the Corporation may, at its option, designate a Special Dividend Period for the Preferred Shares in the manner described in Section 4 of Article I of the Articles Supplementary. (i) If the Board of Trustees Directors proposes to designate any succeeding Subsequent Dividend Period of any series of APS as a Special Dividend Period and Period, (A) the Fund delivers Corporation shall deliver to the Auction Agent a notice of such proposed Special Dividend Period in the form of Exhibit F C hereto not less than seven Business Days (or two Business Days in the event the duration of the Dividend Period prior to the Auction Agency Agreement, Special Dividend Period is less than eight Business Days) nor more than 30 Business Days prior to the first day of the Special Dividend Period and (B) the Auction Agent on behalf of the Corporation shall deliver such notice by first-class mail, postage prepaid, to BD each Existing Holder of Preferred Shares at the address set forth for such Existing Holder in the records of the Auction Agent and to the Broker-Dealers as promptly as practicable after its receipt of such notice from the FundCorporation. (cii) If the Board of Trustees Corporation determines to designate such succeeding Subsequent Dividend Period as a Special Dividend Period, and (A) the Fund delivers Corporation shall deliver to the Auction Agent a notice of such special Dividend Period determination in the form of Exhibit G to the Auction Agency Agreement D hereto not later than [ ] A.M. 3:00 P.M. on the second Business Day next immediately preceding the first day of such Rate Period, proposed Special Dividend Period and (B) the Auction Agent shall deliver such notice to BD not later than [ ] P.M. the Broker- Dealers promptly on such second Business Day. (diii) If the Fund Corporation shall deliver to the Auction Agent a notice not later than [ ] A.M. 3:00 P.M. on the second Business Day next immediately preceding the first day of any Rate such proposed Special Dividend Period stating that the Fund Corporation has determined not to exercise its option to designate such succeeding Subsequent Dividend Period as a Special Dividend Period, in the form of Exhibit H to the Auction Agency AgreementE hereto, or shall fail to timely deliver either such notice or a notice in the form of Exhibit G to the Auction Agency AgreementD hereto, the Auction Agent shall deliver a notice in the form of Exhibit H E hereto to the Auction Agency Agreement to BD not later than [ ] P.M. Broker-Dealers promptly on such second Business Day. If the Corporation fails to deliver either such notice provided in this Section 2.7(b) hereof by 3:00 P.M., the Corporation shall be deemed to have delivered a notice to the Auction Agent with respect to such Dividend Period to the effect set forth in this Section 2.7(b)(iii), thereby resulting in a Standard Dividend Period. Such change in the length of any Dividend Period shall not occur if (1) an Auction for Preferred Shares shall not be held on such Auction Date for any reason or (2) an Auction for Preferred Shares shall be held on such Auction Date but Sufficient Clearing Bids for Preferred Shares shall not exist in such Auction.

Appears in 2 contracts

Samples: Auction Agency Agreement (Gabelli Convertible & Income Securities Fund Inc), Auction Agency Agreement (Gabelli Equity Trust Inc)

Designation of Special Dividend Period. (a) If The APS Provisions will provide that, subject to the Fund's option to designate a Special Dividend Period as referred to in paragraph (b) of this Section 2.5, (i) each Rate Period will consist of six months for the APS and (ii) each Rate Period following a Rate Period of the APS that is other than a Minimum Dividend Period will be six months for the APS. Not less than 10 nor more than 20 days prior to the last day of any such Rate Period that is not a Minimum Dividend Period, (i) the Fund delivers shall deliver to the Auction Agent a notice of the Auction Date of the next succeeding Auction for the APS for a Rate Period thereof that next succeeds a Rate Period that is not a Minimum Dividend Period in the form of Exhibit E to the Auction Agency Agreement; hereto and (ii) the Auction Agent shall deliver such notice by first-class mail, postage prepaid, to BD each Existing Holder of APS at the address specified in such Existing Holder's Master Purchaser's Letter and to the Broker-Dealers for such APS as promptly as practicable after its receipt of such notice from the Fund. (b) Pursuant to the APS Provisions, the Fund may, at its option, designate a Special Dividend Period for the APS in the manner described in Section 4 of Part I of the APS Provisions. (i) If the Board of Trustees Fund proposes to designate any succeeding Subsequent Dividend Period of any series of the APS as a Special Dividend Period and of more than 28 Rate Period Days, (A) the Fund delivers shall deliver to the Auction Agent a notice of such proposed Special Dividend Period in the form of Exhibit F hereto not less than 20 nor more than 30 days prior to the Auction Agency Agreement, first day of such proposed Special Dividend Period and (B) the Auction Agent on behalf of the Fund shall deliver such notice by first-class mail, postage prepaid, to BD each Existing Holder of APS at the address specified in such Existing Holder's Master Purchaser's Letter and to the Broker-Dealers for the APS as promptly as practicable after its receipt of such notice from the Fund. (cii) If the Board of Trustees determines to designate such succeeding Subsequent Dividend Period as a Special Dividend Period, and (A) the Fund delivers shall deliver to the Auction Agent a notice of such special Dividend Period determination in the form of Exhibit G to the Auction Agency Agreement hereto not later than [ ] 11:00 A.M. on the second Business Day next preceding the first day of such Rate Period, proposed Special Dividend Period and (B) the Auction Agent shall deliver such notice to BD the Broker-Dealers for the APS not later than [ ] 3:00 P.M. on such second Business Day. (diii) If the Fund shall deliver to the Auction Agent a notice not later than [ ] A.M. on the second Business Day next preceding the first day of any Rate Period stating that the Fund has determined not to exercise its option to designate such succeeding Subsequent Dividend Period as a Special Dividend Period, Period with respect to which it has delivered a notice in the form of Exhibit H to F hereto not later than 11:00 A.M. on the Auction Agency Agreementsecond Business Day next preceding the first day of such proposed Spe- cial Dividend Period, or shall fail to timely deliver either such notice or a notice in the form of Exhibit G to the Auction Agency Agreementhereto, the Auction Agent shall deliver a notice in the form of Exhibit H hereto to the Auction Agency Agreement to BD Broker-Dealers for the APS not later than [ ] 3:00 P.M. on such second Business Day. A change in the length of a Rate Period to a Rate Period of more than 28 Rate Period Days shall not occur if (a)- on the Auction Date next preceding the first day of such Special Dividend Period Sufficient Clearing Bids shall not exist or (b) a Failure to Deposit shall have occurred prior to such change with respect to the APS and shall not have been cured in accordance with the APS Provisions.

Appears in 2 contracts

Samples: Auction Agency Agreement (Van Kampen Trust for Investment Grade Florida Municipals), Auction Agency Agreement (Van Kampen Trust for Investment Grade New Jersey Municipals)

Designation of Special Dividend Period. (a) If the Fund Corporation delivers to the its Auction Agent a notice of the Auction Date for APS the Preferred Shares of the Corporation for a Rate Dividend Period thereof that next succeeds a Rate Period that is not a Minimum Dividend Period in the form of Exhibit E to the Auction Agency Agreement; the Auction Agent shall deliver such notice to BD as promptly as practicable after its receipt of such notice from the Fund. (b) If the Board of Trustees proposes to designate any succeeding Subsequent Dividend Period of any series of APS as a Special Dividend Period and the Fund delivers to the Auction Agent a notice of such proposed Special Dividend Period in the form of Exhibit F C to the Auction Agency Agreement, the Auction Agent shall deliver such notice to BD as promptly as practicable after its receipt of such notice from the FundCorporation. (b) If the Board of Directors of the Corporation proposes to designate any Dividend Period as a Special Dividend Period and the Corporation delivers to its Auction Agent a notice of such proposed Special Dividend Period in the form of Exhibit D to the Auction Agency Agreement, such Auction Agent shall deliver such notice to BD as promptly as practicable after its receipt of such notice from the Corporation. (c) If the Board of Trustees Directors of the Corporation determines to designate such succeeding Subsequent Dividend Period as a Special Dividend Period, and the Fund Corporation delivers to the its Auction Agent a notice of such special Special Dividend Period in the form of Exhibit G E to the Auction Agency Agreement not later than [ ] A.M. 3:00 P.M. on the second Business Day next preceding the first day of such Rate Dividend Period, the such Auction Agent shall deliver such notice to BD not later than [ ] P.M. promptly after being notified by the Corporation on such second Business Day. (d) If the Fund Corporation shall deliver to the its Auction Agent a notice not later than [ ] A.M. 3:00 P.M. on the second Business Day next immediately preceding the first day of any Rate Dividend Period stating that the Fund Corporation has determined not to exercise its option to designate such succeeding Subsequent Dividend Period as a Special Dividend Period, in the form of Exhibit H F to the Auction Agency Agreement, or shall fail to timely deliver either such notice or a notice in the form of Exhibit G E to the Auction Agency Agreement, the such Auction Agent shall deliver a notice in the form of Exhibit H F to the Auction Agency Agreement to BD not later than [ ] P.M. promptly after being notified by the Corporation on such second Business Day.

Appears in 1 contract

Samples: Broker Dealer Agreement (Gabelli Equity Trust Inc)

Designation of Special Dividend Period. (a) If the Fund delivers to the Auction Agent a notice of the Auction Date for APS No designation is necessary for a Rate Period thereof that next succeeds a Rate Period that is not a Minimum Standard Dividend Period in the form of Exhibit E to the Auction Agency Agreement; the Auction Agent Period, which shall deliver such notice to BD as promptly as practicable after its receipt of such notice from the Fundlast seven calendar days. (b) Pursuant to the Articles Supplementary, the Corporation may, at its option, designate a Special Dividend Period for the Preferred Shares in the manner described in Section 4 of Article I of the Articles Supplementary. (i) If the Board of Trustees Directors proposes to designate any succeeding Subsequent Dividend Period of any series of APS as a Special Dividend Period and Period, (A) the Fund delivers Corporation shall deliver to the Auction Agent a notice of such proposed Special Dividend Period in the form of Exhibit F D hereto not less than seven Business Days (or two Business Days in the event the duration of the Dividend Period prior to the Auction Agency Agreement, Special Dividend Period is less than eight Business Days) nor more than 30 Business Days prior to the first day of the Special Dividend Period and (B) the Auction Agent on behalf of the Corporation shall deliver such notice by first-class mail, postage prepaid, to BD each Existing Holder of Preferred Shares at the address set forth for such Existing Holder in the records of the Auction Agent and to the Broker-Dealers as promptly as practicable after its receipt of such notice from the FundCorporation. (cii) If the Board of Trustees Corporation determines to designate such succeeding Subsequent Dividend Period as a Special Dividend Period, and (A) the Fund delivers Corporation shall deliver to the Auction Agent a notice of such special Dividend Period determination in the form of Exhibit G to the Auction Agency Agreement E hereto not later than [ ] A.M. 3:00 P.M. on the second Business Day next immediately preceding the first day of such Rate Period, proposed Special Dividend Period and (B) the Auction Agent shall deliver such notice to BD not later than [ ] P.M. the Broker- Dealers promptly on such second Business Day. (diii) If the Fund Corporation shall deliver to the Auction Agent a notice not later than [ ] A.M. 3:00 P.M. on the second Business Day next immediately preceding the first day of any Rate such proposed Special Dividend Period stating that the Fund Corporation has determined not to exercise its option to designate such succeeding Subsequent Dividend Period as a Special Dividend Period, in the form of Exhibit H to the Auction Agency AgreementF hereto, or shall fail to timely deliver either such notice or a notice in the form of Exhibit G to the Auction Agency AgreementE hereto, the Auction Agent shall deliver a notice in the form of Exhibit H F hereto to the Auction Agency Agreement to BD not later than [ ] P.M. Broker-Dealers promptly on such second Business Day. If the Corporation fails to deliver either such notice provided in this Section 2.7(b) hereof by 3:00 P.M., the Corporation shall be deemed to have delivered a notice to the Auction Agent with respect to such Dividend Period to the effect set forth in this Section 2.7(b)(iii), thereby resulting in a Standard Dividend Period. Such change in the length of any Dividend Period shall not occur if (1) an Auction for Preferred Shares shall not be held on such Auction Date for any reason or (2) an Auction for Preferred Shares shall be held on such Auction Date but Sufficient Clearing Bids for Preferred Shares shall not exist in such Auction.

Appears in 1 contract

Samples: Auction Agency Agreement (Gabelli Equity Trust Inc)

Designation of Special Dividend Period. (a) If The APS Provisions will provide that, subject to the Fund's option to designate a Special Dividend Period as referred to in paragraph (b) of this Section 2.5, (i) each Rate Period (other than the Initial Dividend Period) for the APS will consist of 7 days and (ii) each Rate Period following a Rate Period that is other than a Minimum Dividend Period will be 7 days. Not less than 10 nor more than 20 days prior to the last day of any such Rate Period that is not a Minimum Dividend Period, (i) the Fund delivers shall deliver to the Auction Agent a notice of the Auction Date of the next succeeding Auction for the APS for a Rate Period thereof that next succeeds a Rate Period that is not a Minimum Dividend Period in the form of Exhibit E to the Auction Agency Agreement; hereto and (ii) the Auction Agent shall deliver such notice by first-class mail, postage prepaid, to BD each Existing Holder of APS at the address specified in such Existing Holder's Master Purchaser's Letter and to the Broker-Dealers for the APS as promptly as practicable after its receipt of such notice from the Fund. (b) Pursuant to the APS Provisions, the Fund may, at its option, designate a Special Dividend Period for the APS in the manner described in Section 4 of Part I of the APS Provisions. (i) If the Board of Trustees Fund proposes to designate any succeeding Subsequent Dividend Period of any series of the APS as a Special Dividend Period and of more than 28 Rate Period Days, (A) the Fund delivers shall deliver to the Auction Agent a notice of such proposed Special Dividend Period in the form of Exhibit F hereto not less than 20 nor more than 30 days prior to the Auction Agency Agreement, first day of such proposed Special Dividend Period and (B) the Auction Agent an behalf of the Fund shall deliver such notice by first-class mail, postage prepaid, to BD each Existing Holder of APS at the address specified in such Existing Holder's Master Purchaser's Letter and to the Broker-Dealers for the APS as promptly as practicable after its receipt of such notice from the Fund. (cii) If the Board of Trustees determines to designate such succeeding Subsequent Dividend Period as a Special Dividend Period, and (A) the Fund delivers shall deliver to the Auction Agent a notice of such special Dividend Period determination in the form of Exhibit G to the Auction Agency Agreement hereto not later than [ ] 11:00 A.M. on the second Business Day next preceding the first day of such Rate Period, proposed Special Dividend Period and (B) the Auction Agent shall deliver such notice to BD the Broker-Dealers for the APS not later than [ ] 3:00 P.M. on such second Business Day. (diii) If the Fund shall deliver to the Auction Agent a notice not later than [ ] A.M. on the second Business Day next preceding the first day of any Rate Period stating that the Fund has determined not to exercise its option to designate such succeeding Subsequent Dividend Period as a Special Dividend Period, Period with respect to which it has delivered a notice in 13 the form of Exhibit H to F hereto not later than 11:00 A.M., on the Auction Agency Agreementsecond Business Day next preceding the first day of such proposed Special Dividend Period, or shall fail to timely deliver either such notice or a notice in the form of Exhibit G to the Auction Agency Agreementhereto, the Auction Agent shall deliver a notice in the form of Exhibit H hereto to the Auction Agency Agreement to BD Broker-Dealers for the APS not later than [ ] 3:00 P.M. on such second Business Day. A change in the length of a Rate Period to a Rate Period of more than 28 Rate Period Days shall not occur if (a) on the Auction Date next preceding the first day of such Special Dividend Period Sufficient Clearing Bids shall not exist or (b) a Failure to Deposit shall have occurred prior to such change with respect to APS and shall not have been cured in accordance with the APS Provisions.

Appears in 1 contract

Samples: Auction Agency Agreement (Van Kampen Pennsylvania Value Municipal Income Trust)

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Designation of Special Dividend Period. (a) If The APS Provisions will provide that, subject to the Fund's option to designate a Special Dividend Period as referred to in paragraph (b) of this Section 2.5, (i) each Rate Period will consist of six months for the APS and (ii) each Rate Period following a Rate Period of the APS that is other than a Minimum Dividend Period will be six months for the APS. Not less than 10 nor more than 20 days prior to the last day of any such Rate Period that is not a Minimum Dividend Period, (i) the Fund delivers shall deliver to the Auction Agent a notice of the Auc- tion Date of the next succeeding Auction Date for the APS for a Rate Period thereof that next succeeds a Rate Period that is not a Minimum Dividend Period in the form of Exhibit E to the Auction Agency Agreement; hereto and (ii) the Auction Agent shall deliver such notice by first-class mail, postage prepaid, to BD each Existing Holder of APS at the address specified in such Existing Holder's Master Purchaser's Letter and to the Broker-Dealers for such APS as promptly as practicable after its receipt of such notice from the Fund. (b) Pursuant to the APS Provisions, the Fund may, at its option, designate a Special Dividend Period for the APS in the manner described in Section 4 of Part I of the APS Provisions. (i) If the Board of Trustees Fund proposes to designate any succeeding Subsequent Dividend Period of any series of the APS as a Special Dividend Period and of more than 28 Rate Period Days, (A) the Fund delivers shall deliver to the Auction Agent a notice of such proposed Special Dividend Period in the form of Exhibit F hereto not less than 20 nor more than 30 days prior to the Auction Agency Agreement, first day of such proposed Special Dividend Period and (B) the Auction Agent on behalf of the Fund shall deliver such notice by first-class mail, postage prepaid, to BD each Existing Holder of APS at the address specified in such Existing Holder's Master Purchaser's Letter and to the Broker-Dealers for the APS as promptly as practicable after its receipt of such notice from the Fund. (cii) If the Board of Trustees determines to designate such succeeding Subsequent Dividend Period as a Special Dividend Period, and (A) the Fund delivers shall deliver to the Auction Agent a notice of such special Dividend Period determination in the form of Exhibit G to the Auction Agency Agreement hereto not later than [ ] 11:00 A.M. on the second Business Day next preceding the first day of such Rate Period, proposed Special Dividend Period and (B) the Auction Agent shall deliver such notice to BD the Broker-Dealers for the APS not later than [ ] 3:00 P.M. on such second Business Day. (diii) If the Fund shall deliver to the Auction Agent a notice not later than [ ] A.M. on the second Business Day next preceding the first day of any Rate Period stating that the Fund has determined not to exercise its option to designate such succeeding Subsequent Dividend Period as a Special Dividend Period, Period with respect to which it has delivered a notice in the form of Exhibit H to F hereto not later than 11:00 A.M. on the Auction Agency Agreementsecond Business Day next preceding the first day of such proposed Special Dividend Period, or shall fail to timely deliver either such notice or a notice in the form of Exhibit G to the Auction Agency Agreementhereto, the Auction Agent shall deliver a notice in the form of Exhibit H hereto to the Auction Agency Agreement to BD Broker-Dealers for the APS not later than [ ] 3:00 P.M. on such second Business Day. A change in the length of a Rate Period to a Rate Period of more than 28 Rate Period Days shall not occur if (a) on the Auction Date next preceding the first day of such Special Dividend Period Sufficient Clearing Bids shall not exist or (b) a Failure to Deposit shall have occurred prior to such change with respect to the APS and shall not have been cured in accordance with the APS Provisions.

Appears in 1 contract

Samples: Auction Agency Agreement (Van Kampen Trust for Investment Grade New York Municipals)

Designation of Special Dividend Period. (a) If the Fund delivers to the Auction Agent a notice of the Auction Date for APS No designation is necessary for a Rate Period thereof that next succeeds a Rate Period that is not a Minimum Standard Dividend Period in the form of Exhibit E to the Auction Agency Agreement; the Auction Agent Period, which shall deliver such notice to BD as promptly as practicable after its receipt of such notice from the Fundlast seven calendar days. (b) Pursuant to the Articles Supplementary, the Corporation may, at its option, designate a Special Dividend Period for the Preferred Shares in the manner described in Section 4 of Article I of the Articles Supplementary. (i) If the Board of Trustees Directors proposes to designate any succeeding Subsequent Dividend Period of any series of APS as a Special Dividend Period and Period, (A) the Fund delivers Corporation shall deliver to the Auction Agent a notice of such proposed Special Dividend Period in the form of Exhibit F C hereto not less than seven Business Days (or two Business Days in the event the duration of the Dividend Period prior to the Auction Agency Agreement, Special Dividend Period is less than eight Business Days) nor more than 30 Business Days prior to the first day of the Special Dividend Period and (B) the Auction Agent on behalf of the Corporation shall deliver such notice by first-class mail, postage prepaid, to BD each Existing Holder of Preferred Shares at the address set forth for such Existing Holder in the records of the Auction Agent and to the Broker-Dealers as promptly as practicable after its receipt of such notice from the FundCorporation. (cii) If the Board of Trustees Corporation determines to designate such succeeding Subsequent Dividend Period as a Special Dividend Period, and (A) the Fund delivers Corporation shall deliver to the Auction Agent a notice of such special Dividend Period determination in the form of Exhibit G to the Auction Agency Agreement D hereto not later than [ ] A.M. 3:00 P.M. on the second Business Day next immediately preceding the first day of such Rate Period, proposed Special Dividend Period and (B) the Auction Agent shall deliver such notice to BD not later than [ ] P.M. the Broker-Dealers promptly on such second Business Day. (diii) If the Fund Corporation shall deliver to the Auction Agent a notice not later than [ ] A.M. 3:00 P.M. on the second Business Day next immediately preceding the first day of any Rate such proposed Special Dividend Period stating that the Fund Corporation has determined not to exercise its option to designate such succeeding Subsequent Dividend Period as a Special Dividend Period, in the form of Exhibit H to the Auction Agency AgreementE hereto, or shall fail to timely deliver either such notice or a notice in the form of Exhibit G to the Auction Agency AgreementD hereto, the Auction Agent shall deliver a notice in the form of Exhibit H E hereto to the Auction Agency Agreement to BD not later than [ ] P.M. Broker-Dealers promptly on such second Business Day. If the Corporation fails to deliver either such notice provided in this Section 2.7(b) hereof by 3:00 P.M., the Corporation shall be deemed to have delivered a notice to the Auction Agent with respect to such Dividend Period to the effect set forth in this Section 2.7(b)(iii), thereby resulting in a Standard Dividend Period. Such change in the length of any Dividend Period shall not occur if (1) an Auction for Preferred Shares shall not be held on such Auction Date for any reason or (2) an Auction for Preferred Shares shall be held on such Auction Date but Sufficient Clearing Bids for Preferred Shares shall not exist in such Auction.

Appears in 1 contract

Samples: Auction Agency Agreement (Gabelli Global Multimedia Trust Inc)

Designation of Special Dividend Period. (a) If the Fund delivers to the Auction Agent a notice of the Auction Date for APS for a Rate Period thereof that next succeeds a Rate Period that is is not a Minimum Dividend Period in the form of Exhibit E to the Auction Agency Agreement; the Auction Agent shall deliver such notice to BD as promptly as practicable after its receipt of such notice from the Fund. (b) If the Board of Trustees proposes to designate any succeeding Subsequent Dividend Period of any series of APS as a Special Dividend Period and the Fund delivers to the Auction Agent a notice of such proposed Special Dividend Period in the form of Exhibit F to the Auction Agency Agreement, the Auction Agent shall deliver such notice to BD as promptly as practicable after its receipt of such notice from the Fund. (c) If the Board of Trustees determines to designate such succeeding Subsequent Dividend Period as a Special Dividend Period, and the Fund delivers to the Auction Agent a notice of such special Dividend Period in the form of Exhibit G to the Auction Agency Agreement not later than [ ] A.M. on the second Business Day next preceding the first day of such Rate Period, the Auction Agent shall deliver such notice to BD not later than [ ] P.M. on such second Business Day. (d) If the Fund shall deliver to the Auction Agent a notice not later than [ ] A.M. on the second Business Day next preceding the first day of any Rate Period stating that the Fund has determined not to exercise its option to designate such succeeding Subsequent Dividend Period as a Special Dividend Period, in the form of Exhibit H to the Auction Agency Agreement, or shall fail to timely deliver either such notice or a notice in the form of Exhibit G to the Auction Agency Agreement, the Auction Agent shall deliver a notice in the form of Exhibit H to the Auction Agency Agreement to BD not later than [ ] P.M. on such second Business Day.

Appears in 1 contract

Samples: Broker Dealer Agreement (Van Kampen High Income Trust Ii)

Designation of Special Dividend Period. (a) If The APS Provisions will provide that, subject to the Fund's option to designate a Special Dividend Period as referred to in paragraph (b) of this section 2.5, (i) each Rate Period of any series of APS will be a Minimum Dividend Period (a duration of 7 Rate Period Days, subject to certain exceptions with respect to APS Series A and Aps Series C and a duration of 28 Rate Period Days, subject to certain exceptions with respect to APS Series B and APS Series D) and (ii) each Rate Period following a Rate Period of any series of APS that is other than a Minimum Dividend Period will be a Minimum Dividend Period. Not less than 10 nor more than 20 days prior to the last day of any such Rate Period that is not a Minimum Dividend Period, (i) the Fund delivers shall deliver to the Auction Agent a notice of the Auction Date of the next succeeding Auction for APS for a Rate Period thereof that next succeeds a Rate Period that is not a Minimum Dividend Period such series in the form of Exhibit E to the Auction Agency Agreement; hereto and (ii) the Auction Agent shall deliver such notice by first-class mail, postage prepaid, to BD each Existing Holder of shares of such series at the address specified in such Existing Holder's Master Purchaser's Letter and to the Broker-Dealers for such series as promptly as practicable after its receipt of such notice from the Fund. (b) Pursuant to the APS Provisions, the Fund may, at its option, designate a Special Dividend Period for any series of APS in the manner described in Section 4 of Part I of the APS Provisions. (i) If the Board of Trustees Fund proposes to designate any succeeding Subsequent Dividend Period of any series of APS as a Special Dividend Period and Period, (A) the Fund delivers shall deliver to the Auction Agent a notice of such proposed Special Dividend Period in the form of Exhibit F hereto not less than 20 nor more than 30 days prior to the Auction Agency Agreement, first day of such proposed Special Dividend Period and (B) the Auction Agent on behalf of the Fund shall deliver such notice by first-class mail, postage prepaid, to BD each Existing Holder of shares of such series of APS at the address specified in such Existing Holder's Master Purchaser's Letter and to the Broker-Dealers for such series as promptly as practicable after its receipt of such notice from the Fund. (cii) If the Board of Trustees determines to designate such succeeding Subsequent Dividend Period as a Special Dividend Period, and (A) the Fund delivers shall deliver to the Auction Agent a notice of such special Dividend Period determination in the form of Exhibit G to the Auction Agency Agreement hereto not later than [ ] 11:00 A.M. on the second Business Day next preceding the first day of such Rate Period, proposed Special Dividend Period and (B) the Auction Agent shall deliver such notice to BD the Broker-Dealers for such series not later than [ ] 3:00 P.M. on such second Business Day. (diii) If the Fund shall deliver to the Auction Agent a notice not later than [ ] A.M. on the second Business Day next preceding the first day of any Rate Period stating that the Fund has determined not to exercise its option to designate such succeeding Subsequent Dividend Period as a Special Dividend Period, Period with respect to which it has delivered a notice in the form of Exhibit H to F hereto not later than 11:00 A.M. on the Auction Agency Agreementsecond Business Day next preceding the first day of such proposed Special Dividend Period, or shall fail to timely deliver either such notice or a notice in the form of Exhibit G to the Auction Agency Agreementhereto, the Auction Agent shall deliver a notice in the form of Exhibit H hereto to the Auction Agency Agreement to BD Broker-Dealers for such series not later than [ ] 3:00 P.M. on such second Business Day. Such change in the length of any Rate Period shall not occur if (a) on the Auction Date next preceding the first day of such Special Dividend Period Sufficient Clearing Bids shall not exist or (b) a Failure to Deposit shall have occurred prior to such change with respect to shares of such series of APS and shall not have been cured in accordance with the APS Provisions.

Appears in 1 contract

Samples: Auction Agency Agreement (Van Kampen Municipal Trust)

Designation of Special Dividend Period. (a) If the Fund Corporation delivers to the its Auction Agent a notice of the Auction Date for APS the Preferred Shares of the Corporation for a Rate Dividend Period thereof that next succeeds a Rate Period that is not a Minimum Dividend Period in the form of Exhibit E to the Auction Agency Agreement; the Auction Agent shall deliver such notice to BD as promptly as practicable after its receipt of such notice from the Fund. (b) If the Board of Trustees proposes to designate any succeeding Subsequent Dividend Period of any series of APS as a Special Dividend Period and the Fund delivers to the Auction Agent a notice of such proposed Special Dividend Period in the form of Exhibit F to the Auction Agency AgreementPeriod, the Auction Agent shall deliver such notice to BD as promptly as practicable after its receipt of such notice from the Fund. (c) Corporation. If the Board of Trustees Directors of the Corporation proposes to designate any Dividend Period as a Special Dividend Period and the Corporation delivers to its Auction Agent a notice of such proposed Special Dividend Period in the form of Exhibit C to the Auction Agency Agreement, such Auction Agent shall deliver such notice to BD as promptly as practicable after its receipt of such notice from the Corporation. If the Board of Directors of the Corporation determines to designate such succeeding Subsequent Dividend Period as a Special Dividend Period, and the Fund Corporation delivers to the its Auction Agent a notice of such special Special Dividend Period in the form of Exhibit G D to the Auction Agency Agreement not later than [ ] A.M. 3:00 p.m. on the second Business Day next preceding the first day of such Rate Dividend Period, the such Auction Agent shall deliver such notice to BD not later than [ ] P.M. promptly after being notified by the Corporation on such second Business Day. (d) . If the Fund Corporation shall deliver to the its Auction Agent a notice not later than [ ] A.M. 3:00 p.m. on the second Business Day next preceding the first day of any Rate a proposed Special Dividend Period stating that the Fund Corporation has determined not to exercise its option to designate such succeeding Subsequent Dividend Period as a Special Dividend Period, in the form of Exhibit H E to the Auction Agency Agreement, or shall fail to timely deliver either such notice or a notice in the form of Exhibit G D to the Auction Agency Agreement, the such Auction Agent shall deliver a notice in the form of Exhibit H E to the Auction Agency Agreement to BD not later than [ ] P.M. promptly after being notified by the Corporation on such second Business Day.

Appears in 1 contract

Samples: Broker Dealer Agreement (Gabelli Equity Trust Inc)

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