Good Standing of the Fund. The Fund has been duly organized and is validly existing as a corporation in good standing under the laws of the State of Maryland and has the corporate power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the Preliminary Prospectus and the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign corporation to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result, individually or in the aggregate, in a Material Adverse Effect.
Appears in 12 contracts
Samples: Underwriting Agreement (Priority Income Fund, Inc.), Underwriting Agreement (Priority Income Fund, Inc.), Underwriting Agreement (Priority Income Fund, Inc.)
Good Standing of the Fund. The Fund has been duly organized and is validly existing as a corporation statutory trust in good standing under the laws of the State of Maryland Delaware and has the corporate trust power and authority to own, lease and operate its properties and to conduct its business as described in the Original Registration Statement, the Preliminary Prospectus and the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign corporation trust to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result, individually or in the aggregate, in a Material Adverse Effect.
Appears in 5 contracts
Samples: Underwriting Agreement (Bancroft Fund LTD), Underwriting Agreement (Gabelli Global Small & Mid Cap Value Trust), Underwriting Agreement (Ellsworth Growth & Income Fund LTD)
Good Standing of the Fund. The Fund has been duly organized and is validly existing as a corporation and in good standing as a business trust under the laws of the State Commonwealth of Maryland Massachusetts and has the corporate full power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, each preliminary prospectus, the Preliminary Time of Sale Prospectus and the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign corporation to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure to so to qualify or to be in good standing would not resultnot, individually singly or in the aggregate, in have a Material Adverse EffectEffect on the Fund.
Appears in 4 contracts
Samples: Underwriting Agreement (Nuveen Floating Rate Income Opportunity Fund), Underwriting Agreement (Nuveen Floating Rate Income Fund), Underwriting Agreement (Nuveen Senior Income Fund)
Good Standing of the Fund. The Fund has been duly organized formed, has a legal existence and is validly existing in good standing as a corporation in good standing under the laws of the State state of Maryland and has the full corporate power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the Preliminary Prospectus General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign corporation to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result, individually or in the aggregate, result in a Material Adverse Effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Cohen & Steers MLP Income & Energy Opportunity Fund), Underwriting Agreement (Prudential Global Short Duration High Yield Fund, Inc.), Underwriting Agreement (Cohen & Steers LTD Duration Preferred & Income Fund, Inc.)
Good Standing of the Fund. The Fund has been duly organized and is validly existing as a corporation in good standing under the laws of the State of Maryland and has the corporate power and authority to own, lease and operate its properties and to conduct its business as described in the Original Registration Statement, the Preliminary Prospectus and the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign corporation to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result, individually or in the aggregate, in a Material Adverse Effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Gabelli Multimedia Trust Inc.), Underwriting Agreement (Gabelli Equity Trust Inc), Underwriting Agreement (Gabelli Multimedia Trust Inc.)
Good Standing of the Fund. The Fund has been duly organized formed, has a legal existence and is validly existing as a corporation in good standing as a business trust under the laws of the State Commonwealth of Maryland Massachusetts and has the corporate full power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the Preliminary Prospectus General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign corporation to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result, individually or in the aggregate, result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Underwriting Agreement (AllianzGI Artificial Intelligence & Technology Opportunities Fund), Underwriting Agreement (AllianzGI Diversified Income & Convertible Fund)
Good Standing of the Fund. The Fund has been duly organized and is validly existing as a corporation in good standing under the laws of the State of Maryland and has the corporate power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the Preliminary Prospectus and the Time of Sale Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign corporation to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result, individually or in the aggregate, result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Tortoise Pipeline & Energy Fund, Inc.), Underwriting Agreement (Tortoise MLP Fund, Inc.)
Good Standing of the Fund. The Fund has been duly organized and is validly existing as a corporation statutory trust in good standing under the laws of the State of Maryland Delaware and has the corporate power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the Preliminary Prospectus and the Time of Sale Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign corporation entity to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result, individually or in the aggregate, result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Salient MLP & Energy Infrastructure Fund), Underwriting Agreement (Salient MLP & Energy Infrastructure Fund)
Good Standing of the Fund. The Fund has been duly organized organized, and is validly existing as a corporation in good standing under the laws of the State state of Maryland and has the corporate power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the Preliminary Prospectus General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign corporation to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result, individually or in the aggregate, result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Initial Offering Period Agreement (Western Asset Middle Market Income Fund Inc.), Distribution Agreement (Western Asset Middle Market Debt Fund Inc.)
Good Standing of the Fund. The Fund has been duly organized formed and is validly existing in good standing as a corporation in good standing under the laws of the State of Maryland and has the corporate Maryland, with full power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the Preliminary Prospectus and the Prospectus and to enter into and perform its obligations under this Agreement; Agreement and the Fund Agreements and is duly qualified as a foreign corporation to transact business and is in good standing in under the laws of each other jurisdiction in which such qualification is requiredits ownership, whether by reason of the ownership leasing or leasing operation of property or the conduct its conducting of businessbusiness requires such qualification, except where the failure to be so to qualify qualified or to be in good standing would does not result, individually or in the aggregate, in have a Fund Material Adverse Effect.
Appears in 1 contract
Samples: Underwriting Agreement (Western Asset Municipal Defined Opportunity Trust Inc.)
Good Standing of the Fund. The Fund has been duly organized organized, has a legal existence and is validly existing as a corporation in good standing under the laws of the State state of Maryland and has the corporate power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the Preliminary Statutory Prospectus and the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign corporation to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result, individually or in the aggregate, result in a Material Adverse Effect.
Appears in 1 contract
Samples: Initial Offering Period Agreement (BNY Mellon Alcentra Global Multi-Strategy Credit Fund, Inc.)
Good Standing of the Fund. The Fund has been duly organized and is validly existing as a corporation business trust in good standing under the laws of the State of Maryland Massachusetts and has the corporate trust power and authority to own, lease and operate its properties and to conduct its business as described in the Original Registration Statement, the Preliminary Prospectus and the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign corporation trust to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result, individually or in the aggregate, in a Material Adverse EffectEffect on the Fund.
Appears in 1 contract
Good Standing of the Fund. The Fund has been duly organized formed, has a legal existence and is validly existing as a corporation in good standing as a statutory trust under the laws of the State of Maryland and has the corporate statutory trust power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the Preliminary Prospectus General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign corporation to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result, individually or in the aggregate, result in a Material Adverse Effect.
Appears in 1 contract
Samples: Underwriting Agreement (Cohen & Steers Real Estate Opportunities & Income Fund)
Good Standing of the Fund. The Fund has been duly organized and is validly existing as a corporation statutory trust in good standing under the laws of the State of Maryland Delaware and has the corporate trust power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the Preliminary Prospectus and the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign corporation entity to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result, individually or in the aggregate, in a Material Adverse Effect.
Appears in 1 contract
Samples: Underwriting Agreement (Gabelli Dividend & Income Trust)
Good Standing of the Fund. The Fund has been duly organized formed, has a legal existence and is validly existing in good standing as a corporation in good standing under the laws of the State state of Maryland and has the full corporate power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the Preliminary Prospectus General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign corporation to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure to so to qualify or to be in good standing would not result, individually or in the aggregate, result in a Material Adverse Effect.
Appears in 1 contract
Samples: Underwriting Agreement (Legg Mason BW Global Income Opportunities Fund Inc.)
Good Standing of the Fund. The Fund has been duly organized and is validly existing as a corporation in good standing under the laws of the State of Maryland and has the corporate power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the Preliminary Prospectus General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign corporation to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result, individually or in the aggregate, result in a Material Adverse Effect.
Appears in 1 contract
Samples: Underwriting Agreement (Clearbridge American Energy MLP Fund Inc.)
Good Standing of the Fund. The Fund has been duly organized formed, has a legal existence and is validly existing in good standing as a corporation in good standing under the laws of the State of Maryland and has the corporate full power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the Preliminary Prospectus General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign corporation to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result, individually or in the aggregate, result in a Material Adverse Effect.
Appears in 1 contract
Samples: Underwriting Agreement (Neuberger Berman Next Generation Connectivity Fund Inc.)
Good Standing of the Fund. The Fund has been duly organized formed, has a legal existence and is validly existing in good standing as a corporation in good standing under the laws of the State state of Maryland and has the full corporate power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the Preliminary Prospectus General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign corporation to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Underwriting Agreement (Ares Multi-Strategy Credit Fund, Inc.)