Common use of Information Concerning Rates Clause in Contracts

Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred after the date of the Request and Acceptance Letter, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letter), except that if the Fund shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal income tax purposes.

Appears in 15 contracts

Samples: Nuveen Auction Agency Agreement (Nuveen Insured Massachuset Tax Free Advantage Municipal Fund), Nuveen Auction Agency Agreement (Nuveen New York Quality Income Municipal Fund Inc), Nuveen Auction Agency Agreement (Nuveen Performance Plus Municipal Fund Inc)

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Information Concerning Rates. (a1) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies agency (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred Preferred Shares after the date of the Request and Acceptance Letter, the Fund Trust shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred Preferred Shares succeeding such change. If the Fund Trust designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable for Federal income tax purposes, it will may indicate, in its a notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date as set forth in Section 2.3(b)(i2.3(a)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Rate Multiple), except that if the Fund Trust shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred Preferred Shares shall be, unless the Fund Trust notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a2.6(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains gain or other income taxable for Federal income tax purposes.

Appears in 7 contracts

Samples: Auction Agency Agreement (Blackrock Florida Municipal Bond Trust), Auction Agency Agreement (Blackrock New York Municipal Bond Trust), Auction Agency Agreement (Blackrock Municipal Bond Trust)

Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred Municipal Preferred by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred Municipal Preferred after the date of the Request and Acceptance Letter, the Fund Trust shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon Noon, New York City time, on the Business Day prior to the next Auction Date for any series of MuniPreferred Municipal Preferred succeeding such change. If the Fund Trust designates all or a portion of any dividend on shares of any series of MuniPreferred Municipal Preferred to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred Municipal Preferred on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Municipal Preferred of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letter), except that if the Fund Trust shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred Municipal Preferred shall be, unless the Fund Trust notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Municipal Preferred with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal income tax purposes.

Appears in 6 contracts

Samples: Colonial Auction Agency Agreement (Colonial High Income Municipal Trust), Colonial Auction Agency Agreement (Colonial Investment Grade Municipal Trust), Colonial California Insured Municipal Fund

Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in that rate as determined by the Request Trust and Acceptance Letterprovided to the Auction Agent on the date even herewith. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies agency (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred Preferred Shares after the date of the Request and Acceptance Lettergiven herewith, the Fund Trust shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred Preferred Shares succeeding such change. If the Fund Trust designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable for Federal income tax purposes, it will may indicate, in its a notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date as set forth in Section 2.3(b)(i2.3(a)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Rate Multiple), except that if the Fund Trust shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred Preferred Shares shall be, unless the Fund Trust notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a2.6(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains gain or other income taxable for Federal income tax purposes.

Appears in 3 contracts

Samples: Auction Agency Agreement (Blackrock California Insured Municipal Income Trust), Auction Agency Agreement (Blackrock New York Insured Municipal Income Trust), Auction Agency Agreement (Blackrock Florida Insured Municipal Income Trust)

Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in determined by the Request Trust and Acceptance Letterthe Auction Agent on the date even herewith. If there is any change in the credit rating of MuniPreferred AMPS by either of the rating agencies agency (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred AMPS after the date of the Request and Acceptance Lettereven herewith, the Fund Trust shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred AMPS succeeding such change. If the Fund Trust designates all or a portion of any dividend on shares of any series of MuniPreferred AMPS to consist of net capital gains or other income taxable for Federal income tax purposes, it will may indicate, in its a notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred AMPS on any Auction Date as set forth in Section 2.3(b)(i2.3(a)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred AMPS of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Rate Multiple), except that if the Fund Trust shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred AMPS shall be, unless the Fund Trust notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a2.6(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred AMPS with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains gain or other income taxable for Federal income tax purposes.

Appears in 3 contracts

Samples: Auction Agency Agreement (Blackrock New York Municipal 2018 Term Trust), Auction Agency Agreement (Blackrock California Municipal 2018 Term Trust), Auction Agency Agreement (Blackrock Municipal 2018 Term Trust)

Information Concerning Rates. (a) The Rate Multiple Applicable Percentage on the date of the this Agreement for APS is set forth in the Request and Acceptance Letter110%. If there is any change in the credit rating of MuniPreferred APS by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate MultipleApplicable Percentage" resulting in any change in the Rate Multiple Applicable Percentage for MuniPreferred APS after the date of the Request and Acceptance Letterthis Agreement, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple Applicable Percentage prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred the APS succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred the APS to consist of net capital gains or other income taxable for Federal federal income tax purposes, it will indicate, in its notice in the form of Exhibit I K hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple Applicable Percentage for such series APS to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred the APS on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple Applicable Percentage for MuniPreferred APS of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letterfirst sentence of this paragraph (a)), except that if the Fund shall have notified the Auction Agent of a Rate Multiple an Applicable Percentage to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple Applicable Percentage in effect for the next succeeding Auction Date of any series of MuniPreferred the APS shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple Applicable Percentage for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple Applicable Percentage that was in effect on the first preceding Auction Date for MuniPreferred APS with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal federal income tax purposes.

Appears in 3 contracts

Samples: Auction Agency Agreement (Van Kampen Trust for Investment Grade New Jersey Municipals), Auction Agency Agreement (Van Kampen Trust for Investment Grade Florida Municipals), Auction Agency Agreement (Van Kampen Trust for Investment Grade New York Municipals)

Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies agency (or substitute or successor rating agencies) ), referred to in the definition of "Rate MultipleMaximum Rate," resulting that results in any change in the Rate Multiple for MuniPreferred after the date applicable percentage of the Request and Acceptance Letter"AA" Financial Composite Commercial Paper Rate used to determine the Maximum Rate for Preferred Shares (the "Rate Multiple"), the Fund Corporation shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon noon on the Business Day prior to the next Auction Date for any series of MuniPreferred succeeding such change. On the date hereof the Rate Multiple is 150%. If the Fund Corporation designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its a notice in the form of Exhibit I H hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred on any Auction Date as set forth in Section 2.3(b)(i) hereofDate, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund Corporation (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Rate Multiple), except that if the Fund Corporation shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund Corporation notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a2.6(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains gain or other income taxable for Federal income tax purposes. On each Auction Date, the Auction Agent shall determine the Maximum Rate. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Corporation and the Broker-Dealers of the Maximum Rate and the "AA" Financial Composite Commercial Paper Rate and Treasury Index Rate, as the case may be, used to make such determination.

Appears in 2 contracts

Samples: Auction Agency Agreement (Gabelli Convertible & Income Securities Fund Inc), Auction Agency Agreement (Gabelli Global Multimedia Trust Inc)

Information Concerning Rates. (a) The Rate Multiple Applicable Percentage on the date of the this Agreement for APS is set forth in the Request and Acceptance Letter110%. If there is any change in the credit rating of MuniPreferred APS by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate MultipleApplicable Percentage" resulting in any change in the Rate Multiple Applicable Percentage for MuniPreferred APS after the date of the Request and Acceptance Letterthis Agreement, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple Applicable Percentage prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred APS succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred APS to consist of net capital gains or other income taxable for Federal federal income tax purposes, it will indicate, in its notice in the form of Exhibit I K hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple Applicable Percentage for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred APS on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple Applicable Percentage for MuniPreferred APS of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letterfirst sentence of this paragraph (a)), except that if the Fund shall have notified the Auction Agent of a Rate Multiple an Applicable Percentage to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple Applicable Percentage in effect for the next succeeding Auction Date of any series of MuniPreferred APS shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple Applicable Percentage for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple Applicable Percentage that was in effect on the first preceding Auction Date for MuniPreferred APS with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal federal income tax purposes.

Appears in 2 contracts

Samples: Auction Agency Agreement (Van Kampen Municipal Opportunity Trust), Auction Agency Agreement (Van Kampen Advantage Municipal Income Trust Ii)

Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred muniPreferred by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred muniPreferred after the date of the Request and Acceptance Letter, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letter), except that if the Fund shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal income tax purposes.

Appears in 2 contracts

Samples: Nuveen Auction Agency Agreement (Nuveen New York Performance Plus Municipal Fund Inc), Nuveen Auction Agency Agreement (Nuveen New York Select Quality Municipal Fund Inc)

Information Concerning Rates. (a) The Rate Multiple Applicable Percentage on the date of the this Agreement for APS is set forth in the Request and Acceptance Letter110%. If there is any change in the credit rating of MuniPreferred APS by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate MultipleApplicable Percentage" resulting in any change in the Rate Multiple Applicable Percentage for MuniPreferred APS after the date of the Request and Acceptance Letterthis Agreement, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple Applicable Percentage prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred the APS succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred the APS to consist of net capital gains or other income taxable for Federal federal income tax purposes, it will indicate, in its notice in the form of Exhibit I K hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple Applicable Percentage for the APS such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred on the APS an any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple Applicable Percentage for MuniPreferred APS of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letterfirst sentence of this paragraph (a)), except that if the Fund shall have notified the Auction Agent of a Rate Multiple an Applicable Percentage to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple Applicable Percentage in effect for the next succeeding Auction Date of any series of MuniPreferred the APS shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple Applicable Percentage for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple Applicable Percentage that was in effect on the first preceding Auction Date for MuniPreferred the APS with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal federal income tax purposes.

Appears in 1 contract

Samples: Auction Agency Agreement (Van Kampen Pennsylvania Value Municipal Income Trust)

Information Concerning Rates. (a) The Rate Multiple on the date of the this Agreement for Preferred Shares is set forth in the Request and Acceptance Letter150%. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies Xxxxx'x (or any substitute or successor rating agenciesagency) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred Preferred Shares after the date of the Request and Acceptance Letterthis Agreement, the Fund Company shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon 9:00 A.M. on the Business Day prior to the next Auction Date for any series of MuniPreferred succeeding such change. If the Fund Company designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable an amount ineligible for Federal income tax purposesthe Dividends Received Deduction, it will indicate, in its notice in the form of Exhibit I K hereto to the Auction Agent pursuant to Section 2.6 2.7 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund Company (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letterfirst sentence of this paragraph (a)), except that if the Fund Company shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund Company notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a2.3 (a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable amount ineligible for Federal income tax purposesthe Dividends Received Deduction.

Appears in 1 contract

Samples: Auction Agency Agreement (Zenix Income Fund Inc)

Information Concerning Rates. (a) The Rate Multiple Applicable Percentage on the date of the this Agreement for APS is set forth in the Request and Acceptance Letter110%. If there is any change in the credit rating of MuniPreferred APS by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate MultipleApplicable Percentage" resulting in any change in the Rate Multiple Applicable Percentage for MuniPreferred APS after the date of the Request and Acceptance Letterthis Agreement, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple Applicable Percentage prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred APS succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred APS to consist of net capital gains or other income taxable for Federal federal income tax purposes, ; it will indicate, in its notice in the form of Exhibit I K hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple Applicable Percentage for such series to Draft February 24, 1992 __:__ PM be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred APS on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple Applicable Percentage for MuniPreferred APS of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letterfirst sentence of this paragraph (a)), except that if the Fund shall have notified the Auction Agent of a Rate Multiple an Applicable Percentage to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple Applicable Percentage in effect for the next succeeding Auction Date of any series of MuniPreferred APS shall be, unless the Fund fund notifies the Auction Agent of a change in the Rate Multiple Applicable Percentage for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple Applicable Percentage that was in effect on the first preceding Auction Date for MuniPreferred APS with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal federal income tax purposes.

Appears in 1 contract

Samples: Auction Agency Agreement (Van Kampen Trust for Investment Grade Municipals)

Information Concerning Rates. (a) The Rate Multiple on the date of the this Agreement for Preferred Shares is set forth in the Request and Acceptance Letter110%. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies (or any substitute or successor rating agenciesagency) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred Preferred Shares after the date of the Request and Acceptance Letterthis Agreement, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon 9:00 A.M. on the Business Day prior to the next Auction Date for any series of MuniPreferred succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its notice in the form of Exhibit I hereto to the --------- Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any shares of a series of MuniPreferred Preferred Shares on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letterfirst sentence of this paragraph (a)), except that if the Fund shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal income tax purposes.

Appears in 1 contract

Samples: Auction Agency Agreement (Managed Municipals Portfolio Inc)

Information Concerning Rates. (a1) The Rate Multiple on the date of the Agreement is set forth in that rate as determined by the Request Trust and Acceptance Letterprovided to the Auction Agent on the date even herewith. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies agency (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred Preferred Shares after the date of the Request and Acceptance Lettergiven herewith, the Fund Trust shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred Preferred Shares succeeding such change. If the Fund Trust designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable for Federal income tax purposes, it will may indicate, in its a notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date as set forth in Section 2.3(b)(i2.3(a)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Rate Multiple), except that if the Fund Trust shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred Preferred Shares shall be, unless the Fund Trust notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a2.6(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains gain or other income taxable for Federal income tax purposes.

Appears in 1 contract

Samples: Auction Agency Agreement (Blackrock Insured Municipal Income Trust)

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Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies agency (or substitute or successor rating agencies) ), referred to in the definition of "Rate MultipleMaximum Rate," resulting that results in any change in the applicable percentage of the "AA" Financial Composite Commercial Paper Rate Multiple used to determine the Maximum Rate for MuniPreferred Preferred Shares (the "Rate Multiple") after the date of the Request and Acceptance Letter, the Fund Corporation shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred succeeding such change. If the Fund Corporation designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable for Federal income tax purposes, it will may indicate, in its a notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred on any Auction Date as set forth in Section 2.3(b)(i2.6(a)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund Corporation (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Rate Multiple), except that if the Fund Corporation shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund Corporation notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a2.6(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains gain or other income taxable for Federal income tax purposes.

Appears in 1 contract

Samples: Auction Agency Agreement (Gabelli Equity Trust Inc)

Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies agency (or substitute or successor rating agencies) ), referred to in the definition of "Rate MultipleMaximum Rate," resulting that results in any change in the Rate Multiple for MuniPreferred after the date applicable percentage of the Request Reference Rate or applicable spread over the Reference Rate, used to determine the Maximum Rate for Preferred Shares (the "Rate Multiple" and Acceptance Letter"Rate Spread," respectively), the Fund Trust shall notify the Auction Agent in writing of such change in the Rate Multiple or Rate Spread prior to 12:00 Noon noon on the Business Day prior to the next Auction Date for any series of MuniPreferred succeeding such change. On the date hereof the Rate Multiple is 125%, and the Rate Spread is 125 basis points. If the Fund Trust designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its a notice in the form of Exhibit I G hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series or Rate Spread to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred on any Auction Date as set forth in Section 2.3(b)(i) hereofDate, the Auction Agent shall be entitled to rely on the last Rate Multiple or Rate Spread for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Rate Multiple or Rate Spread), except that if the Fund Trust shall have notified the Auction Agent of a Rate Multiple or Rate Spread to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple or Rate Spread in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund Trust notifies the Auction Agent of a change in the Rate Multiple or Rate Spread for such succeeding Auction Date pursuant to this Section 2.3(a)2.6, the Rate Multiple or Rate Spread that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains gain or other income taxable for Federal income tax purposes. On each Auction Date, the Auction Agent shall determine the Maximum Rate. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Trust and the Broker-Dealers of the Maximum Rate and the LIBOR Rate and Treasury Index Rate, as the case may be, used to make such determination.

Appears in 1 contract

Samples: Auction Agency Agreement (Gabelli Dividend & Income Trust)

Information Concerning Rates. (a) The Rate Multiple on the date of the this Agreement for Preferred Shares is set forth in the Request and Acceptance Letter150%. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies Xxxxx'x (or any substitute or successor rating agenciesagency) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred Preferred Shares after the date of the Request and Acceptance Letterthis Agreement, the Fund Company shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon 9:00 A.M. on the Business Day prior to the next Auction Date for any series of MuniPreferred succeeding such changechange '. If the Fund Company designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable an amount ineligible for Federal income tax purposesthe Dividends Received Deduction, it will indicate, in its notice in the form of Exhibit I K hereto to the Auction Agent pursuant to Section 2.6 2.7 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund Company (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letterfirst sentence of this paragraph (a)), except that if the Fund Company shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund Company notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a)2. 3 (a) , the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable amount ineligible for Federal income tax purposesthe Dividends Received Deduction.

Appears in 1 contract

Samples: Auction Agency Agreement (Zenix Income Fund Inc)

Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies agency (or substitute or successor rating agencies) ), referred to in the definition of "Rate MultipleMaximum Rate," resulting that results in any change in the Rate Multiple for MuniPreferred after the date applicable percentage of the Request and Acceptance Letter"AA" Financial Composite Commercial Paper Rate used to determine the Maximum Rate for Preferred Shares (the "Rate Multiple"), the Fund Corporation shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon noon on the Business Day prior to the next Auction Date for any series of MuniPreferred succeeding such change. On the date hereof the Rate Multiple is 150%. If the Fund Corporation designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its a notice in the form of Exhibit I H hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred on any Auction Date as set forth in Section 2.3(b)(i) hereofDate, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund Corporation (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Rate Multiple), except that if the Fund Corporation shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund Corporation notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a2.6(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains gain or other income taxable for Federal income tax purposes. On each Auction Date, the Auction Agent shall determine the Maximum Rate. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Corporation and the Broker-Dealers of the Maximum Rate and the "AA" Financial Composite Commercial Paper Rate and Treasury Index Rate, as the case may be, used to make such determination.

Appears in 1 contract

Samples: Auction Agency Agreement (Gabelli Equity Trust Inc)

Information Concerning Rates. (a) The Rate Multiple Applicable Percentage on the date of this Agreement for the Agreement APS is set forth in the Request and Acceptance Letter110%. If there is any change in the credit rating of MuniPreferred the APS by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate MultipleApplicable Percentage" resulting in any change in the Rate Multiple for MuniPreferred Applicable Percentage after the date of the Request and Acceptance Letterthis Agreement, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple Applicable Percentage prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred the APS to consist of net capital gains or other income taxable for Federal federal income tax purposes, it will indicate, in its notice in the form of Exhibit I K hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series Applicable Percentage to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum maximum Rate for any series of MuniPreferred on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple Applicable Percentage for MuniPreferred APS of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letterfirst sentence of this paragraph (a)), except that if the Fund shall have notified the Auction Agent of a Rate Multiple an Applicable Percentage to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple Applicable Percentage in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple Applicable Percentage for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple Applicable Percentage that was in effect on the first preceding Auction Date for MuniPreferred the APS with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal federal income tax purposes.

Appears in 1 contract

Samples: Auction Agency Agreement (Van Kampen Ohio Quality Municipal Trust)

Information Concerning Rates. (a) The Applicable Rate Multiple on the date of the this Agreement for Preferred Shares Series M is set forth in the Request [___]%, for Preferred Shares Series T is [___]%, for Preferred Shares W is [___]%, and Acceptance Letterfor Preferred Shares Series TH is [___]%. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred Preferred Shares after the date of the Request and Acceptance Letterthis Agreement, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred Preferred Shares succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable for Federal federal income tax purposes, it will indicate, in its notice in the form of Exhibit I J hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to conclusively rely on the last Rate Multiple for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letterfirst sentence of this paragraph (a)), except that if the Fund shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred Preferred Shares shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal federal income tax purposes.

Appears in 1 contract

Samples: Auction Agency Agreement (Alliance National Municipal Income Fund)

Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies agency (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred Preferred Shares after the date of the Request and Acceptance Letter, the Fund Trust shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred Preferred Shares succeeding such change. If the Fund Trust designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable for Federal income tax purposes, it will may indicate, in its a notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Rate Multiple), except that if the Fund Trust shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred Preferred Shares shall be, unless the Fund Trust notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains gain or other income taxable for Federal income tax purposes.

Appears in 1 contract

Samples: Blackrock Pennsylvania Strategic Municipal Trust

Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies agency (or substitute or successor rating agencies) ), referred to in the definition of "Rate MultipleMaximum Rate," resulting that results in any change in the Rate Multiple for MuniPreferred after the date applicable percentage of the Request Reference Rate or applicable spread over the Reference Rate, used to determine the Maximum Rate for Preferred Shares (the "Rate Multiple" and Acceptance Letter"Rate Spread," respectively), the Fund Trust shall notify the Auction Agent in writing of such change in the Rate Multiple or Rate Spread prior to 12:00 Noon noon on the Business Day prior to the next Auction Date for any series of MuniPreferred succeeding such change. On the date hereof the Rate Multiple is 125%, and the Rate Spread is 125 basis points. If the Fund Trust designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its a notice in the form of Exhibit I H hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series or Rate Spread to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred on any Auction Date as set forth in Section 2.3(b)(i) hereofDate, the Auction Agent shall be entitled to rely on the last Rate Multiple or Rate Spread for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Rate Multiple or Rate Spread), except that if the Fund Trust shall have notified the Auction Agent of a Rate Multiple or Rate Spread to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple or Rate Spread in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund Trust notifies the Auction Agent of a change in the Rate Multiple or Rate Spread for such succeeding Auction Date pursuant to this Section 2.3(a)2.6, the Rate Multiple or Rate Spread that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains gain or other income taxable for Federal income tax purposes. On each Auction Date, the Auction Agent shall determine the Maximum Rate. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Trust and the Broker-Dealers of the Maximum Rate and the LIBOR Rate and Treasury Index Rate, as the case may be, used to make such determination.

Appears in 1 contract

Samples: Auction Agency Agreement (Gabelli Utility Trust)

Information Concerning Rates. (a) The Rate Multiple Applicable Percentage on the date of the this Agreement for APS is set forth in the Request and Acceptance Letter110%. If there is any change in the credit rating of MuniPreferred APS by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate MultipleApplicable Percentage" resulting in any change in the Rate Multiple Applicable Percentage for MuniPreferred APS after the date of the Request and Acceptance Letterthis Agreement, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple Applicable Percentage prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred the APS succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred the APS to consist of net capital gains or other income taxable for Federal federal income tax purposes, it will indicate, in its notice in the form of Exhibit I K hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple Applicable Percentage for the APS such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred the APS on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple Applicable Percentage for MuniPreferred APS of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letterfirst sentence of this paragraph (a)), except that if the Fund shall have notified the Auction Agent of a Rate Multiple an Applicable Percentage to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple Applicable Percentage in effect for the next succeeding Auction Date of any series of MuniPreferred the APS shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple Applicable Percentage for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple Applicable Percentage that was in effect on the first preceding Auction Date for MuniPreferred the APS with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal federal income tax purposes.

Appears in 1 contract

Samples: Auction Agency Agreement (Van Kampen California Value Municipal Income Trust)

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