Common use of Excess Sales Clause in Contracts

Excess Sales. If the number or amount of Contract Securities attributable to an Underwriter pursuant to Section 4.1 hereof would exceed such Underwriter’s Original Underwriting Obligation reduced by the number or amount of Underwriters’ Securities sold by or on behalf of such Underwriter, such excess will not be attributed to such Underwriter, and such Underwriter will be regarded as having acted only as a Dealer with respect to, and will receive only the concession to Dealers on, such excess.

Appears in 173 contracts

Samples: Master Agreement Among Underwriters, Master Agreement Among Underwriters, Master Agreement Among Underwriters

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Excess Sales. If the number or amount of Contract Securities attributable to an Underwriter pursuant to Section 4.1 hereof would exceed such Underwriter’s 's Original Underwriting Purchase Obligation reduced by the number or amount of Underwriters' Securities sold by or on behalf of such Underwriter, such excess will shall not be attributed to such Underwriter, and such Underwriter will shall be regarded as having acted only as a Dealer with respect to, and will shall receive only the concession to Dealers on, such excess.

Appears in 48 contracts

Samples: Master Agreement Among Underwriters (Prospect Street High Income Portfolio Inc), Master Agreement (Seligman New Technologies Fund Ii Inc), Master Agreement Among Underwriters (Nuveen Preferred Convertible Income Fund 2)

Excess Sales. If the number or amount of Contract Securities attributable to an Underwriter pursuant to Section 4.1 hereof would exceed such Underwriter’s Original Underwriting Purchase Obligation reduced by the number or amount of Underwriters’ Securities sold by or on behalf of such Underwriter, such excess will shall not be attributed to such Underwriter, and such Underwriter will shall be regarded as having acted only as a Dealer with respect to, and will shall receive only the concession to Dealers on, such excess.

Appears in 14 contracts

Samples: Master Agreement (Nuveen Build America Bond Opportunity Fund), Master Agreement (Nuveen Build America Bond Opportunity Fund), Master Agreement (ClearBridge Energy MLP Fund Inc.)

Excess Sales. If the number or amount of Contract Securities attributable to an Underwriter pursuant to Section 4.1 hereof 4(a) would exceed such Underwriter’s 's Original Underwriting Purchase Obligation reduced by the number or amount of Underwriters' Securities sold by or on behalf of such Underwriter, such excess will shall not be attributed to such Underwriter, and such Underwriter will shall be regarded as having acted only as a Dealer with respect to, and will shall receive only the concession to Dealers on, such excess.

Appears in 6 contracts

Samples: Master Agreement Among Underwriters (Dividend Capital Realty Income Allocation Fund), Master Agreement Among Underwriters (First Trust High Income Long/Short Fund), Master Agreement Among Underwriters (RMK Multi-Sector High Income Fund Inc)

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Excess Sales. If the number or amount of Contract Securities attributable to an Underwriter pursuant to Section 4.1 hereof would exceed such Underwriter’s 's Original Underwriting Obligation reduced by the number or amount of Underwriters' Securities sold by or on behalf of such Underwriter, such excess will not be attributed to such Underwriter, and such Underwriter will be regarded as having acted only as a Dealer with respect to, and will receive only the concession to Dealers on, such excess.

Appears in 4 contracts

Samples: Master Agreement Among Underwriters (First Trust Dynamic Europe Equity Income Fund), Master Agreement Among Underwriters (First Trust New Opportunities MLP & Energy Fund), Master Agreement Among Underwriters (First Trust MLP & Energy Income Fund)

Excess Sales. If the number or amount of Contract Securities attributable to an Underwriter pursuant to Section 4.1 hereof 4(a) would exceed such Underwriter’s Original Underwriting Purchase Obligation reduced by the number or amount of Underwriters’ Securities sold by or on behalf of such Underwriter, such excess will shall not be attributed to such Underwriter, and such Underwriter will shall be regarded as having acted only as a Dealer with respect to, and will shall receive only the concession to Dealers on, such excess.

Appears in 3 contracts

Samples: Master Agreement Among Underwriters (Western Asset Municipal Defined Opportunity Trust Inc.), Master Agreement Among Underwriters (Seligman Premium Technology Growth Fund, Inc.), Master Agreement Among Underwriters (Dividend Capital Strategic Global Realty Fund)

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