Common use of Good Standing of the Fund Clause in Contracts

Good Standing of the Fund. The Fund has been duly organized and is validly existing as a business trust in good standing under the laws of The Commonwealth of Massachusetts and has power and authority to own, lease and operate its properties and to conduct its business as described in the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified 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 be expected to result in a Material Adverse Effect.

Appears in 7 contracts

Samples: Purchase Agreement (First Trust Four Corners Senior Floating Rate Income Fund Ii), Purchase Agreement (First Trust/Aberdeen Emerging Opportunity Fund), Purchase Agreement (First Trust/Fiduciary Asset Management Covered Call Fund)

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Good Standing of the Fund. The Fund has been duly organized and is validly existing as a business trust in good standing under the laws of The the Commonwealth of Massachusetts and has the power and authority to own, lease and operate its properties and to conduct its business as described in the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign business 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 be expected to result in a Material Adverse Effect.

Appears in 6 contracts

Samples: Equity Distribution Agreement (Nuveen Municipal High Income Opportunity Fund 2), Equity Distribution Agreement (Nuveen Floating Rate Income Opportunity Fund), Equity Distribution Agreement (Nuveen Senior Income Fund)

Good Standing of the Fund. The Fund has been duly organized and is validly existing as a business trust an unincorporated voluntary association in good standing under the laws of The Commonwealth of Massachusetts and has power and authority to own, own and lease and operate its properties and to conduct its business as described in the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified 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 be expected to result in a Material Adverse Effect.

Appears in 5 contracts

Samples: Purchase Agreement (Western Asset Claymore Us Treasury Inflation Pro Secu Fund), Purchase Agreement (Old Mutual/Claymore Long-Short Fund (f.k.a. Analytic Covered Call Plus Fund)), Purchase Agreement (Western Asset Claymore Us Treasury Inflation Pro Sec Fund 2)

Good Standing of the Fund. The Fund has been duly organized and is validly existing as a business trust an unincorporated voluntary association in good standing under the laws of The Commonwealth of Massachusetts and has full power and authority to own, lease and operate its properties and to conduct its business as described in the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified 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 be expected to result in a Material Adverse Effect.

Appears in 4 contracts

Samples: Purchase Agreement (PIMCO Global StocksPLUS & Income Fund), Initial Offering Period Agreement (Allianz RCM Global EcoTrends Fund), Purchase Agreement (PIMCO Floating Rate Strategy Fund)

Good Standing of the Fund. The Fund has been duly organized and is validly existing as a business trust in good standing under the laws of The the Commonwealth of Massachusetts and has power and authority to own, lease and operate its properties and to conduct its business as described in the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified 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 does not be expected to result in have a Material Adverse EffectEffect on the Fund.

Appears in 2 contracts

Samples: Purchase Agreement (Nuveen Municipal High Income Opportunity Fund 2), Purchase Agreement (Nuveen Municipal High Income Opportunity Fund 2)

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Good Standing of the Fund. The Fund has been duly organized and ------------------------- is validly existing as a business trust in good standing under the laws of The Commonwealth the state of Massachusetts and has power and authority to own, lease and operate its properties and to conduct its business as described in the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified 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 does not be expected to result in have a Material Adverse EffectEffect on the Fund.

Appears in 1 contract

Samples: Purchase Agreement (Nuveen Equity Premium & Growth Fund)

Good Standing of the Fund. The Fund has been duly organized and is validly existing as a business trust in good standing under the laws of The Commonwealth of Massachusetts and has power and authority to own, lease and operate its properties and to conduct its business as described in the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign business 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 be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Purchase Agreement (Eaton Vance Tax-Managed Buy-Write Opportunities Fund)

Good Standing of the Fund. The Fund has been duly organized and is validly existing as a business trust in good standing under the laws of The Commonwealth the State of Massachusetts and has power and authority to own, lease and operate its properties and to conduct its business as described in the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign business 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 be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Purchase Agreement (Eaton Vance Short Duration Diversified Income Fund)

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