Common use of Not an Investment Advisor Clause in Contracts

Not an Investment Advisor. Each of the Advisor and Sub-Advisor acknowledges that Morgan Stanley is not provixxxx xnx xxxxxe hereunder as to the value of securities or regarding the advisability of purchasing or selling any securities for the Fund's portfolio. No provision of this Agreement shall be considered as creating, nor shall any provision create, any obligation on the part of Morgan Stanley, and Morgan Xxxxxxy xx xxx agreexxx xxrxxx, xx: (i) furnish any advice or make any recommendations regarding the purchase or sale of portfolio securities; or (ii) render any opinions, valuations or recommendations of any kind or to perform any such similar services. The Advisor's and Sub-Advisor's engagement of Morgan Stanley hereunder is xxx xnxxxxxx to confer rights upon any person (including the Fund or any shareholders, employees or creditors of the Advisor, the Sub-Advisor or the Fund) not a party hereto as against Morgan Stanley or its affilxxxxx, xx xxxxr respective directors, officers, employees or agents, successors, or assigns.

Appears in 6 contracts

Samples: Syndication Fee Agreement (First Trust New Opportunities MLP & Energy Fund), Fee Agreement (First Trust New Opportunities MLP & Energy Fund), Syndication Fee Agreement (First Trust Intermediate Duration Preferred & Income Fund)

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Not an Investment Advisor. Each of the Advisor and Sub-Advisor acknowledges that Morgan Stanley is not provixxxx xnx xxxxxe hereunder providing any xxxxxx xxxxxxxer as to the value of securities or regarding the advisability of purchasing or selling any securities for the Fund's portfolio. No provision of this Agreement shall be considered as creating, nor shall any provision create, any obligation on the part of Morgan Stanley, and Morgan Xxxxxxy xx Stanley ix xxx agreexxx xxrxxxaxxxxxxx herebx, xx: (ix) furnish xxxnish any advice or make any recommendations regarding the purchase or sale of portfolio securities; or (ii) render any opinions, valuations or recommendations of any kind or to perform any such similar services. The Advisor's and Sub-Advisor's engagement of Morgan Stanley hereunder is xxx xnxxxxxx to confer not intexxxx xo xxxxxx rights upon any person (including the Fund or any shareholders, employees or creditors of the Advisor, the Sub-Advisor or the Fund) not a party hereto as against Morgan Stanley or its affilxxxxxaffiliates, xx xxxxr respective or xxxxx xxxxxxxive directors, officers, employees or agents, successors, or assigns.

Appears in 1 contract

Samples: Syndication Fee Agreement (First Trust Energy Infrastructure Fund)

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