Common use of Internal Controls Clause in Contracts

Internal Controls. The Adviser is using its commercially reasonable efforts to operate a system of internal controls sufficient to provide reasonable assurance that (A) transactions effectuated by it under the Investment Advisory Agreement are executed in accordance with its management’s general or specific authorization; and (B) access to the Company’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization.

Appears in 77 contracts

Samples: Purchase Agreement (Ares Capital Corp), Capital Corporation (Ares Capital Corp), Equity Distribution Agreement (Ares Capital Corp)

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Internal Controls. The Investment Adviser is using its commercially reasonable efforts to operate maintains a system of internal controls sufficient to provide reasonable assurance that (Ai) transactions effectuated by it under the Investment Advisory Management Agreement are executed in accordance with its management’s general or specific authorization; and (Bii) access to the CompanyFund’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization.

Appears in 45 contracts

Samples: Underwriting Agreement (Nuveen California Amt-Free Municipal Income Fund), Underwriting Agreement (Nuveen Build America Bond Fund), Underwriting Agreement (Nuveen Build America Bond Fund)

Internal Controls. The Adviser is using its commercially reasonable efforts to operate Advisor maintains a system of internal controls control in place sufficient to provide reasonable assurance that that: (A) transactions that may be effectuated by it the Advisor under the Investment Advisory Agreement are executed in accordance with its management’s general or specific authorization; authorization and (B) access to the Company’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorizationthe internal policies, controls and procedures of the Advisor.

Appears in 13 contracts

Samples: Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Braemar Hotels & Resorts Inc.)

Internal Controls. The Adviser is using its commercially reasonable efforts to operate maintains a system of internal controls sufficient to provide reasonable assurance that (Ai) transactions effectuated by it under the Investment Advisory Management Agreement are executed in accordance with its management’s general or specific authorization; and (Bii) access to the CompanyFund’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization.

Appears in 13 contracts

Samples: Equity Distribution Agreement (DNP Select Income Fund Inc), Underwriting Agreement (Eaton Vance Floating-Rate 2022 Target Term Trust), Underwriting Agreement (AllianzGI Convertible & Income 2024 Target Term Fund)

Internal Controls. The Investment Adviser is using its commercially reasonable efforts to operate maintains a system of internal controls sufficient to provide reasonable assurance that (A) transactions effectuated by it under the Investment Management Agreement and the Sub-Advisory Agreement are executed in accordance with its management’s general or specific authorization; and (B) access to the CompanyFund’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization.

Appears in 11 contracts

Samples: Underwriting Agreement (Nuveen AMT-Free Municipal Credit Income Fund), Underwriting Agreement (Nuveen AMT-Free Municipal Credit Income Fund), Underwriting Agreement (Nuveen AMT-Free Quality Municipal Income Fund)

Internal Controls. The Adviser is using its commercially reasonable efforts to operate implement a system of internal controls sufficient to provide reasonable assurance that (A) transactions effectuated by it under the Investment Advisory Agreement are executed in accordance with its management’s 's general or specific authorization; and (B) access to the Company’s 's assets that are in its possession or control is permitted only in accordance with its management’s 's general or specific authorization.

Appears in 9 contracts

Samples: Purchase Agreement (Ares Capital Corp), Manager Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp)

Internal Controls. The Investment Adviser is using its commercially reasonable efforts to operate maintains a system of internal controls sufficient to provide reasonable assurance that (Ai) transactions effectuated by it under the Investment Management Agreement and the Sub-Advisory Agreement are executed in accordance with its management’s general or specific authorization; and (Bii) access to the CompanyFund’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization.

Appears in 6 contracts

Samples: Underwriting Agreement (Nuveen California Dividend Advantage Municipal Fund 3), Underwriting Agreement (Nuveen California Dividend Advantage Municipal Fund 3), Underwriting Agreement (Nuveen Ohio Dividend Advantage Municipal Fund 3)

Internal Controls. The Adviser is using its commercially reasonable efforts to operate Advisor maintains a system of internal controls control in place sufficient to provide reasonable assurance that that: (Ai) transactions that may be effectuated by it the Advisor under the Investment Advisory Agreement are executed in accordance with its management’s general or specific authorization; authorization and (Bii) access to the Company’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorizationthe internal policies, controls and procedures of the Advisor.

Appears in 4 contracts

Samples: Underwriting Agreement (Ashford Hospitality Prime, Inc.), Underwriting Agreement (Braemar Hotels & Resorts Inc.), Underwriting Agreement (Ashford Hospitality Prime, Inc.)

Internal Controls. The Adviser is using its commercially reasonable efforts to operate maintains a system of internal controls sufficient to provide reasonable assurance that (Ai) transactions effectuated by it under the Investment Advisory Management Agreement are executed in accordance with its management’s general or specific authorization; and (Bii) access to the CompanyFund’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization.

Appears in 3 contracts

Samples: Underwriting Agreement (Neuberger Berman Next Generation Connectivity Fund Inc.), Investment Management Agreement (AllianzGI Artificial Intelligence & Technology Opportunities Fund), Underwriting Agreement (Salient Midstream & MLP Fund)

Internal Controls. The Investment Adviser is using has used its commercially reasonable efforts to operate establish and maintain a system of internal controls sufficient to provide reasonable assurance that (Ai) transactions effectuated by it under the Investment Advisory Management Agreement are executed in accordance with its management’s general or specific authorization; authorization and (Bii) access to the Company’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization, except, in each of the foregoing cases, where the failure to establish and maintain such controls would not result in a Material Adverse Effect.

Appears in 3 contracts

Samples: Underwriting Agreement (PennantPark Floating Rate Capital Ltd.), Purchase Agreement (Pennantpark Investment Corp), Purchase Agreement (Pennantpark Investment Corp)

Internal Controls. The Adviser is using its commercially reasonable efforts to operate maintains a system of internal controls sufficient to provide reasonable assurance that (Ai) transactions effectuated by it under the Investment Advisory Management Agreement or the Sub-advisory Agreement are executed in accordance with its management’s general or specific authorization; and (Bii) access to the CompanyFund’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization.

Appears in 3 contracts

Samples: Underwriting Agreement (RiverNorth/DoubleLine Strategic Opportunity Fund, Inc.), RiverNorth/DoubleLine Strategic Opportunity Fund, Inc., Underwriting Agreement (RiverNorth/DoubleLine Strategic Opportunity Fund, Inc.)

Internal Controls. The Adviser is using its commercially reasonable efforts to operate operates a system of internal controls sufficient to provide reasonable assurance that (A) transactions effectuated by it under the Investment Advisory Agreement are executed in accordance with its management’s general or specific authorization; and (B) access to the Company’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization.

Appears in 3 contracts

Samples: Purchase Agreement (Tortoise Capital Resources Corp), Purchase Agreement (Tortoise Capital Resources Corp), Purchase Agreement (Tortoise Capital Resources Corp)

Internal Controls. The Such Adviser is using its commercially reasonable efforts to operate maintains a system of internal controls sufficient to provide reasonable assurance that (Ai) transactions effectuated by it under the Investment Advisory Agreement or the Investment Sub-Advisory Agreement, to which it is a party, are executed in accordance with its management’s general or specific authorization; and (Bii) access to the CompanyFund’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization.

Appears in 3 contracts

Samples: Underwriting Agreement (Clearbridge American Energy MLP Fund Inc.), Underwriting Agreement (Legg Mason BW Global Income Opportunities Fund Inc.), Underwriting Agreement (Brookfield Global Listed Infrastructure Income Fund Inc.)

Internal Controls. The Adviser is using its commercially reasonable efforts to operate maintains a system of internal controls sufficient to provide reasonable assurance that (Ai) transactions effectuated by it under the Investment Advisory Management Agreement and the Subadvisory Agreement are executed in accordance with its management’s general or specific authorization; and (Bii) access to the CompanyFund’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization.

Appears in 3 contracts

Samples: Underwriting Agreement (Nuveen Preferred & Income 2022 Term Fund), Underwriting Agreement (Nuveen Energy MLP Total Return Fund), Underwriting Agreement (Nuveen Energy MLP Total Return Fund)

Internal Controls. The Adviser is using its commercially reasonable efforts to operate maintains a system of internal controls sufficient to provide reasonable assurance that (Ai) transactions effectuated by it under the Investment Advisory Agreement are executed in accordance with its management’s general or specific authorization; and (Bii) access to the CompanyTrust’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization.

Appears in 3 contracts

Samples: Underwriting Agreement (Tekla Healthcare Opportunities Fund), Underwriting Agreement (Tekla World Healthcare Fund), Underwriting Agreement (BlackRock Build America Bond Trust)

Internal Controls. The Adviser is using its commercially reasonable efforts to operate maintains a system of internal controls sufficient to provide reasonable assurance that (Ai) transactions effectuated by it under the Investment Advisory Agreement are executed in accordance with its management’s general or specific authorization; and (Bii) access to the CompanyFund’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization.

Appears in 3 contracts

Samples: Sales Agreement (Miller/Howard High Income Equity Fund), Investment Advisory Agreement (Miller/Howard High Income Equity Fund), Underwriting Agreement (Federated Enhanced Treasury Income Fund)

Internal Controls. The Adviser is using its commercially reasonable efforts to operate maintains a system of internal controls sufficient to provide reasonable assurance that (Ai) transactions effectuated by it under the Investment Management Agreement and the Sub-Advisory Agreement are executed in accordance with its management’s general or specific authorization; and (Bii) access to the CompanyFund’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization.

Appears in 2 contracts

Samples: Underwriting Agreement (Eagle Growth & Income Opportunities Fund), Underwriting Agreement (THL Credit Senior Loan Fund)

Internal Controls. The Adviser is using its commercially reasonable efforts to operate maintains a system of internal controls sufficient to provide reasonable assurance that (Ai) transactions effectuated by it under the Investment Advisory Agreement or the Sub-Advisory Agreement are executed in accordance with its management’s general or specific authorization; and (Bii) access to the CompanyFund’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization.

Appears in 2 contracts

Samples: Sales Agreement (Rivernorth Opportunities Fund, Inc.), Underwriting Agreement (Rivernorth Opportunities Fund, Inc.)

Internal Controls. The Adviser is using its commercially reasonable efforts to operate maintain a system of internal controls sufficient to provide reasonable assurance that (A) transactions effectuated by it under the Investment Advisory Management Agreement are executed in accordance with its management’s general or specific authorization; and (B) access to the Company’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization.

Appears in 2 contracts

Samples: Purchase Agreement (Horizon Technology Finance Corp), Purchase Agreement (Horizon Technology Finance Corp)

Internal Controls. The Adviser is using its commercially reasonable efforts to operate Advisor operates a system of internal controls sufficient to provide reasonable assurance that (A) transactions effectuated by it under the Investment Advisory Agreement are executed in accordance with its management’s 's general or specific authorization; and (B) access to the Company’s 's assets that are in its possession or control is permitted only in accordance with its management’s 's general or specific authorization.

Appears in 2 contracts

Samples: Purchase Agreement (Tortoise Gas & Oil Corp), Tortoise Gas & Oil Corp

Internal Controls. The Adviser is using its commercially reasonable efforts to operate a Advisor operates under the Company’s system of internal accounting controls sufficient in order to provide reasonable assurance assurances that (A) transactions effectuated by it under on behalf of the Investment Company pursuant to its duties set forth in the Advisory Agreement are executed in accordance with its management’s general or specific authorization; and (B) access to the Company’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization.

Appears in 2 contracts

Samples: Underwriting Agreement (Independence Realty Trust, Inc), Underwriting Agreement (Independence Realty Trust, Inc)

Internal Controls. The Adviser is using its commercially reasonable efforts to operate maintains a system of internal controls sufficient to provide reasonable assurance that (Ai) transactions effectuated by it under the Investment Advisory Management Agreement are executed in accordance with its management’s general or specific authorization; and (Bii) access to the CompanyFund’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization.

Appears in 2 contracts

Samples: Underwriting Agreement (Nuveen Mortgage Opportunity Term Fund), Underwriting Agreement (Nuveen Mortgage Opportunity Term Fund)

Internal Controls. The Adviser is using its commercially reasonable efforts to operate maintain a system of internal controls sufficient to provide reasonable assurance that (A) transactions effectuated by it under the Investment Advisory Agreement are executed in accordance with its management’s general or specific authorization; and (B) access to the Company’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization.

Appears in 2 contracts

Samples: Purchase Agreement (Golub Capital BDC, Inc.), Purchase Agreement (Golub Capital BDC, Inc.)

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Internal Controls. The Adviser is using its commercially reasonable efforts to operate implement a system of internal controls sufficient to provide reasonable assurance that (A) transactions effectuated by it under the Investment Advisory Agreement are executed in accordance with its management’s general or specific authorization; and (B) access to the Company’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization.

Appears in 2 contracts

Samples: Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp)

Internal Controls. The Adviser is using its commercially reasonable efforts to operate maintains a system of internal controls sufficient to provide reasonable assurance that (Ai) transactions effectuated by it under the Investment Advisory and Management Agreement are executed in accordance with its management’s general or specific authorization; and (Bii) access to the CompanyFund’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization.

Appears in 1 contract

Samples: Underwriting Agreement (Ares Multi-Strategy Credit Fund, Inc.)

Internal Controls. The Adviser is using its commercially reasonable efforts to operate a system of internal controls sufficient to provide reasonable assurance that (A) transactions effectuated by it under the Investment Advisory Agreement are executed in accordance with its management’s general or specific authorization; and (B) access to the Company’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization.and

Appears in 1 contract

Samples: Terms Agreement (Ares Capital Corp)

Internal Controls. The Investment Adviser is using its commercially reasonable efforts to operate maintains a system of internal controls sufficient to provide reasonable assurance that (Ai) transactions effectuated by it under the Investment Advisory Agreement are executed in accordance with its management’s general or specific authorization; and (Bii) access to the CompanyFund’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization.

Appears in 1 contract

Samples: Underwriting Agreement (Brookfield Mortgage Opportunity Income Fund Inc.)

Internal Controls. The Such Adviser is using its commercially reasonable efforts to operate maintains a system of internal controls sufficient to provide reasonable assurance that (Ai) transactions effectuated by it such Adviser under the Investment Advisory Agreement Agreements to which it is a party are executed in accordance with its management’s general or specific authorization; and (Bii) access to the CompanyFund’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization.

Appears in 1 contract

Samples: Underwriting Agreement (Guggenheim Equal Weight Enhanced Equity Income Fund)

Internal Controls. The Investment Adviser is using has used its commercially reasonable efforts to operate establish and maintain a system of internal controls sufficient to provide reasonable assurance that (Ai) transactions effectuated by it under the Investment Advisory Management Agreement are executed in accordance with its management’s general or specific authorization; authorization and (Bii) access to the Company’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization, except, in each of the foregoing cases, where the failure to establish and maintain such controls would not reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Purchase Agreement (PennantPark Floating Rate Capital Ltd.)

Internal Controls. The Adviser is using its commercially reasonable efforts to operate maintains a system of internal controls sufficient to provide reasonable assurance that (A) transactions effectuated by it under the Investment Advisory Management Agreement are executed in accordance with its management’s general or specific authorization; authorization and (B) access to the CompanyFund’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization.

Appears in 1 contract

Samples: Underwriting Agreement (Nuveen Intermediate Duration Quality Municipal Term Fund)

Internal Controls. The Adviser is using its commercially reasonable efforts to operate maintains a system of internal controls sufficient to provide reasonable assurance that (Ai) transactions effectuated by it under the Investment Advisory Agreement Agreement, to which it is a party, are executed in accordance with its management’s general or specific authorization; and (Bii) access to the CompanyFund’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization.

Appears in 1 contract

Samples: Underwriting Agreement (Eaton Vance Floating-Rate Income Plus Fund)

Internal Controls. The Such Adviser is using its commercially reasonable efforts to operate maintains a system of internal controls sufficient to provide reasonable assurance that (Ai) transactions effectuated by it under the Investment Advisory Agreement or the Investment Sub-Advisory Agreement, to which it is a party, are executed in accordance with its management’s 's general or specific authorization; and (Bii) access to the Company’s Fund's assets that are in its possession or control is permitted only in accordance with its management’s 's general or specific authorization.

Appears in 1 contract

Samples: Guggenheim Energy & Income Fund

Internal Controls. The Adviser is using its commercially reasonable efforts to operate maintains a system of internal controls sufficient to provide reasonable assurance that (Ai) transactions effectuated by it under the Investment Advisory Agreement are executed in accordance with its management’s general or specific authorization; and (Bii) access to the CompanyFund’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization.

Appears in 1 contract

Samples: Underwriting Agreement (Calamos Dynamic Convertible & Income Fund)

Internal Controls. The Investment Adviser is using its commercially reasonable efforts to operate maintains a system of internal controls sufficient to provide reasonable assurance that (Ai) transactions effectuated by it under the Investment Advisory Agreement or the Sub-advisory Agreement are executed in accordance with its management’s general or specific authorization; and (Bii) access to the CompanyFund’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization.

Appears in 1 contract

Samples: Underwriting Agreement (Rivernorth Opportunities Fund, Inc.)

Internal Controls. The Adviser is using its commercially reasonable efforts to operate maintains a system of internal controls sufficient to provide reasonable assurance that (Ai) transactions effectuated by it under the Investment Advisory Agreement are executed in accordance with its management’s general or specific authorization; and (Bii) access to the CompanyFund’s assets that are in its possession or control is permitted only in accordance with its management’s general or specific authorization.

Appears in 1 contract

Samples: Underwriting Agreement (Ivy High Income Opportunities Fund)

Internal Controls. The Adviser is using its commercially reasonable efforts to operate operates a system of internal controls sufficient to provide reasonable assurance that (A) transactions effectuated by it under the Investment Advisory Agreement are executed in accordance with its management’s 's general or specific authorization; and (B) access to the Company’s 's assets that are in its possession or control is permitted only in accordance with its management’s 's general or specific authorization.

Appears in 1 contract

Samples: Blackridge Investment Corp

Internal Controls. The Adviser is using its commercially reasonable efforts to operate maintains a system of internal controls sufficient to provide reasonable assurance that (Ai) transactions effectuated by it under the Investment Advisory Management Agreement are executed in accordance with its management’s 's general or specific authorization; and (Bii) access to the Company’s Fund's assets that are in its possession or control is permitted only in accordance with its management’s 's general or specific authorization.

Appears in 1 contract

Samples: Underwriting Agreement (First Trust Dynamic Europe Equity Income Fund)

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