Good Standing of the Fund. The Fund is a statutory trust duly organized and validly existing in good standing under the laws of the State of Delaware, with full power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the Prospectus and the General Disclosure Package and to enter into and perform its obligations under this Agreement, and is duly registered and qualified as a foreign business trust to transact business and is in good standing in each jurisdiction or place where the nature of its properties or the conduct of its business requires such registration or qualification except where the failure so to qualify or to be in good standing would not reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Purchase Agreement (Delaware Enhanced Global Dividend & Income Fund)
Good Standing of the Fund. The Fund has been duly formed, has a legal existence and is in good standing as a statutory trust duly organized and validly existing in good standing under the laws of the State state of Delaware, with Delaware and has the full statutory trust power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the Prospectus and the General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement, ; and the Fund is duly registered and 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 place where the nature leasing of its properties property or the conduct of its business requires such registration or qualification business, except where the failure so to qualify or to be in good standing would not reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Underwriting Agreement (MainStay DefinedTerm Municipal Opportunities Fund)
Good Standing of the Fund. The Fund has been duly formed and is validly existing as a statutory trust duly organized and validly existing in good standing under the laws of the State of Delaware, with full Delaware and has statutory trust power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the Prospectus and the General Disclosure Package and to enter into and perform its obligations under this Agreement, ; and the Fund is duly registered and qualified as a foreign business trust 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 place where the nature leasing of its properties property or the conduct of its business requires such registration or qualification business, except where the failure so to qualify or to be in good standing would not reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Underwriter Participation Agreement (Mbia Capital Claymore Man Dur Inv GRD Muni Fund)
Good Standing of the Fund. The Fund is has been duly formed, has a legal existence as a statutory trust duly organized and validly existing is in good standing under the laws of the State state of Delaware, with Delaware and has the full statutory trust power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the Prospectus and the General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement, ; and the Fund is duly registered and 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 place where the nature leasing of its properties property or the conduct of its business requires such registration or qualification business, except where the failure so to qualify or to be in good standing would not reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Underwriting Agreement (Salient Midstream & MLP Fund)
Good Standing of the Fund. The Fund has been duly formed, has a legal existence and is in good standing as a statutory trust duly organized and validly existing in good standing under the laws of the State state of Delaware, with Delaware and has the full trust power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the Prospectus and the General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement, ; and the Fund is duly registered and 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 place where the nature leasing of its properties property or the conduct of its business requires such registration or qualification business, except where the failure so to qualify or to be in good standing would not reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Distribution Agreement (Guggenheim Energy & Income Fund)
Good Standing of the Fund. The Fund is has been duly formed and has a legal existence as a statutory trust duly organized and validly existing in good standing under the laws of the State of Delaware, with full statutory trust power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the Prospectus and the General Disclosure Package and to enter into and perform its obligations under this Agreement, and is has been duly registered and qualified as a foreign business trust to transact entity for the transaction of business and is in good standing in under the laws of each jurisdiction in which it owns or place where the nature of its leases properties or the conduct of its conducts any business requires so as to require such registration or qualification qualification, except where the failure so to qualify or to be in good standing would not reasonably be expected to result in have a Material Adverse Effectmaterial adverse effect on the Fund.
Appears in 1 contract
Samples: At the Market Equity Offering Sales Agreement (Cushing Royalty & Income Fund)
Good Standing of the Fund. The Fund has been duly formed, has a legal existence and is in good standing as a statutory trust duly organized and validly existing in good standing under the laws of the State of Delaware, with full Delaware and has the statutory trust power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the Prospectus and the General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement, ; and the Fund is duly registered and 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 place where the nature leasing of its properties property or the conduct of its business requires such registration or qualification business, except where the failure so to qualify or to be in good standing would not reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Underwriting Agreement (Guggenheim Active Allocation Fund)
Good Standing of the Fund. The Fund has been duly organized and is validly existing as a statutory trust duly organized and validly existing in good standing under the laws of the State of Delaware, with full Delaware and has trust power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the Prospectus and the General Disclosure Package and to enter into and perform its obligations under this Agreement, ; and the Fund is duly registered and 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 place where the nature leasing of its properties property or the conduct of its business requires such registration or qualification business, except where the failure so to qualify or to be in good standing would not reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Purchase Agreement (Gabelli Global Gold, Natural Resources & Income Trust)
Good Standing of the Fund. The Fund has been duly organized and is validly existing as a statutory trust duly organized and validly existing in good standing under the laws of the State of Delaware, with full Delaware and has the trust power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the Basic Prospectus, the Preliminary Prospectus and the General Disclosure Package Prospectus and to enter into and perform its obligations under this Agreement, ; and the Fund is duly registered and 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 place where the nature leasing of its properties property or the conduct of its business requires such registration or qualification business, except where the failure so to qualify or to be in good standing would not reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Underwriting Agreement (Gabelli Healthcare & WellnessRx Trust)
Good Standing of the Fund. The Fund has been duly organized and is validly existing as a statutory trust duly organized and validly existing in good standing under the laws of the State of Delaware, with full Delaware and has statutory trust power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the Prospectus and the General Disclosure Package and to enter into and perform its obligations under this Agreement, ; and the Fund is duly registered and qualified as a foreign business 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 place where the nature leasing of its properties property or the conduct of its business requires such registration or qualification business, except where the failure so to qualify or to be in good standing would not reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Purchase Agreement (Advent Claymore Convertible Securities & Income Fund)
Good Standing of the Fund. The Fund has been duly established and is validly existing as a statutory trust duly organized and validly existing in good standing under the laws of the State of Delaware, with full Delaware and has statutory trust power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the Prospectus and the General Disclosure Package and to enter into and perform its obligations under this Agreement, ; and the Fund is duly registered and 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 place where the nature leasing of its properties property or the conduct of its business requires such registration or qualification business, except where the failure so to qualify or to be in good standing would not reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Purchase Agreement (Calamos Convertible Opportunities & Income Fund)
Good Standing of the Fund. The Fund has been duly organized and is validly existing as a statutory trust duly organized and validly existing in good standing under the laws of the State of Delaware, with full Delaware and has the statutory power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the Prospectus and the General Disclosure Package and to enter into and perform its obligations under this Agreement, ; and the Fund is duly registered and qualified as a foreign business 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 place where the nature leasing of its properties property or the conduct of its business requires such registration or qualification business, except where the failure so to qualify or to be in good standing would not reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Purchase Agreement (Mbia Capital Claymore Man Dur Inv GRD Muni Fund)
Good Standing of the Fund. The Fund has been duly formed, has a legal existence and is in good standing as a statutory trust duly organized and validly existing in good standing under the laws of the State state of Delaware, with Delaware and has the full power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the Prospectus and the General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement, ; and the Fund is duly registered and 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 place where the nature leasing of its properties property or the conduct of its business requires such registration or qualification business, except where the failure so to qualify or to be in good standing would not reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Underwriting Agreement (Ivy High Income Opportunities Fund)