Good Standing of the Fund. The Fund has been duly organized and is validly existing as an unincorporated voluntary association in good standing under the laws of the state of Delaware and has power and authority to own and lease 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 result in a Material Adverse Effect.
Appears in 6 contracts
Samples: Purchase Agreement (Advent/Claymore Global Convertible Securities & Income Fund), Purchase Agreement (ING Global Advantage & Premium Opportunity Fund), Purchase Agreement (Advent/Claymore Enhanced Growth & Income Fund)
Good Standing of the Fund. The Fund has been duly organized and is validly existing as an unincorporated voluntary association a statutory trust in good standing under the laws of the state State of Delaware and has the power and authority to own own, lease and lease 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 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 in a Material Adverse Effect.
Appears in 4 contracts
Samples: Purchase Agreement (Evergreen Income Advantage Fund), Purchase Agreement (Advent Claymore Convertible Securities & Income Fund), Purchase Agreement (Evergreen Managed Income Fund)
Good Standing of the Fund. The Fund has been duly organized and is validly existing as an unincorporated voluntary association a statutory trust in good standing under the laws of the state State of Delaware and has statutory trust power and authority to own own, lease and lease operate its properties and to conduct its business as described in the Prospectus prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign statutory 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 in a Material Adverse Effect.
Appears in 2 contracts
Samples: Underwriter Participation Agreement (Advent Claymore Convertible Securities & Income Fund), Underwriter Participation Agreement (Lehman Brothers First Trust Income Opportunity Fund)
Good Standing of the Fund. The Fund has been duly organized and is validly existing as an unincorporated voluntary association a statutory trust in good standing under the laws of the state of Delaware and has power and authority to own own, lease and lease 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 result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Purchase Agreement (Pioneer Floating Rate Trust), Purchase Agreement (Pioneer Floating Rate Trust)
Good Standing of the Fund. The Fund has been duly organized and is validly existing as an unincorporated voluntary association a trust in good standing under the laws of the state State of Delaware and has the power and authority to own own, lease and lease 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 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 in a Material Adverse Effect.
Appears in 2 contracts
Samples: Purchase Agreement (Evergreen Income Advantage Fund), Purchase Agreement (Evergreen Managed Income Fund)
Good Standing of the Fund. The Fund has been duly organized and is validly existing as an unincorporated voluntary association a statutory trust in good standing under the laws of the state of Delaware and has power and authority to own and lease 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 result in a Material Adverse Effect.
Appears in 1 contract
Samples: Purchase Agreement (Advent/Claymore Global Convertible Securities & Income Fund)
Good Standing of the Fund. The Fund has been duly organized formed and is validly existing as an unincorporated voluntary association in good standing and has legal existence as a statutory trust under the laws of the state State of Delaware and has power and authority to own own, lease and lease 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 AgreementAgreement and the Fund Agreements; and the Fund is duly qualified to transact business and is in good standing in under the laws of each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of businessrequires qualification, except where the failure to so to qualify or to be in good standing would not result in a Fund Material Adverse Effect.
Appears in 1 contract
Samples: Underwriting Agreement (Center Coast MLP & Infrastructure Fund)