Common use of Good Standing of the Fund Clause in Contracts

Good Standing of the Fund. The Fund has been organized and is validly existing as a statutory trust in good standing under the laws of the state of Delaware 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 result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Purchase Agreement (Pioneer Floating Rate Trust), Pioneer Floating Rate Trust

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Good Standing of the Fund. The Fund has been duly organized and is validly existing as a statutory trust in good standing under the laws of the state State of Delaware and has statutory trust power and authority to own, lease and 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 a statutory trust in good standing under the laws of the state State of Delaware 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 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: Evergreen Income Advantage Fund, Evergreen Managed Income Fund

Good Standing of the Fund. The Fund has been organized duly formed and is validly existing and in good standing as a statutory trust in good standing under the laws of the state State of Delaware and has 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 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 (Claymore/Guggenheim Strategic Opportunities Fund)

Good Standing of the Fund. The Fund has been organized duly formed and is validly existing in good standing as a statutory trust in good standing under the laws of the state State of Delaware and has 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 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 to the extent that the failure so to qualify or to be in good standing so qualified would not result in have a Fund Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Dividend Capital Strategic Global Realty Fund)

Good Standing of the Fund. The Fund has been organized duly formed and is validly existing in good standing as a statutory trust in good standing under the laws of the state State of Delaware and has 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 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 (Guggenheim Equal Weight Enhanced Equity Income Fund)

Good Standing of the Fund. The Fund has been duly organized and is validly existing as a statutory trust in good standing under the laws of the state of Delaware 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 result in a Material Adverse Effect.

Appears in 1 contract

Samples: Advent/Claymore Global Convertible Securities & Income Fund

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Good Standing of the Fund. The Fund has been duly organized and is validly existing as a statutory trust in good standing under the laws of the state State of Delaware 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 result in have a Material Adverse EffectEffect on the Fund.

Appears in 1 contract

Samples: Underwriting Agreement (Nuveen Long/Short Commodity Total Return Fund)

Good Standing of the Fund. The Fund has been organized duly formed and is validly existing in good standing and has legal existence as a statutory trust in good standing under the laws of the state State of Delaware and has 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 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)

Good Standing of the Fund. The Fund has been organized duly created and is validly existing in good standing as a statutory trust in good standing under the laws of the state of Delaware 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 result in a Material Adverse Effect.

Appears in 1 contract

Samples: ING International High Dividend Equity Income Fund

Good Standing of the Fund. The Fund has been organized and is validly existing as a statutory trust corporation in good standing under the laws of the state of Delaware Maryland 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 result in a Material Adverse Effect.

Appears in 1 contract

Samples: Of Purchase Agreement (Boulder Growth & Income Fund)

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