Common use of Not an Investment Advisor Clause in Contracts

Not an Investment Advisor. The Company acknowledges that you have not provided any advice hereunder as to the value of securities or regarding the advisability of purchasing or selling any securities for the Fund’s portfolio. The Company acknowledges and agrees that UBS has been retained to act solely as an advisor to the Company, and the Company’s engagement of UBS is not intended to confer rights upon any person (including the Fund or any shareholders, employees or creditors of the Company or the Fund) not a party hereto as against UBS or its affiliates, or their respective directors, officers, employees or agents, successors, or assigns. UBS has acted as an independent contractor under this Agreement, and not in any other capacity including as a fiduciary, and any duties arising out of its engagement shall be owed solely to the Company.

Appears in 13 contracts

Samples: Structuring Fee Agreement (Virtus Global Multi-Sector Income Fund), Structuring Fee Agreement (Duff & Phelps Global Utility Income Fund Inc.), Structuring Fee Agreement (John Hancock Hedged Equity & Income Fund)

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Not an Investment Advisor. The Company acknowledges that you have UBS has not provided any advice hereunder as to the value of securities or regarding the advisability of purchasing or selling any securities for the Fund’s portfolio. The Company acknowledges and agrees that UBS has been retained to act solely as an advisor to the Company, and the Company’s engagement of UBS is not intended to confer rights upon any person (including the Fund or any shareholders, employees or creditors of the Company or the Fund) not a party hereto as against UBS or its affiliates, or their respective directors, officers, employees or agents, successors, or assigns. UBS has acted as an independent contractor under this Agreement, and not in any other capacity including as a fiduciary, and any duties arising out of its engagement shall be owed solely to the Company.

Appears in 7 contracts

Samples: Structuring Fee Agreement (Nuveen All Cap Energy MLP Opportunities Fund), Structuring Fee Agreement (Guggenheim Credit Allocation Fund), Structuring Fee Agreement (Nuveen Preferred & Income Term Fund)

Not an Investment Advisor. The Company acknowledges that you have not provided any advice hereunder as to the value of securities or regarding the advisability of purchasing or selling any securities for the Fund’s 's portfolio. The Company acknowledges and agrees that UBS has been retained to act solely as an advisor to the Company, and the Company’s 's engagement of UBS is not intended to confer rights upon any person (including the Fund or any shareholders, employees or creditors of the Company or the Fund) not a party hereto as against UBS or its affiliates, or their respective directors, officers, employees or agents, successors, or assigns. UBS has acted as an independent contractor under this Agreement, and not in any other capacity including as a fiduciary, and any duties arising out of its engagement shall be owed solely to the Company.

Appears in 3 contracts

Samples: Indemnification Agreement (Eaton Vance Risk-Managed Diversified Equity Income Fund), Indemnification Agreement (Eaton Vance Tax-Managed Global Diversified Equity Income Fund), Indemnification Agreement (Eaton Vance Tax-Managed Diversified Equity Income Fund)

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Not an Investment Advisor. The Company acknowledges that you have UBS has not provided any advice hereunder as to the value of securities or regarding the advisability of purchasing or selling any securities for the FundTrust’s portfolio. The Company acknowledges and agrees that UBS has been retained to act solely as an advisor to the Company, and the Company’s engagement of UBS is not intended to confer rights upon any person (including the Fund Trust or any shareholders, employees or creditors of the Company or the FundTrust) not a party hereto as against UBS or its affiliates, or their respective directors, officers, employees or agents, successors, or assigns. UBS has acted as an independent contractor under this Agreement, and not in any other capacity including as a fiduciary, and any duties arising out of its engagement shall be owed solely to the Company.

Appears in 1 contract

Samples: Structuring Fee Agreement (BlackRock Resources & Commodities Strategy Trust)

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