Common use of Not Exclusive Clause in Contracts

Not Exclusive. Nothing herein shall be construed as prohibiting Xxxxxx Xxxxxxx or its affiliates from acting as an underwriter or financial advisor or in any other capacity for any other persons (including other registered investment companies or other investment managers). Neither this Agreement nor the performance of the services contemplated hereunder shall be considered to constitute a partnership, association or joint venture between Xxxxxx Xxxxxxx and the Company. In addition, nothing in this Agreement shall be construed to constitute Xxxxxx Xxxxxxx as the agent or employee of the Company or the Company as the agent or employee of Xxxxxx Xxxxxxx, and neither party shall make any representation to the contrary. It is understood that Xxxxxx Xxxxxxx is engaged hereunder solely to provide the services described above to the Company and that Xxxxxx Xxxxxxx is not acting as an agent or fiduciary of, and Xxxxxx Xxxxxxx shall not have any duties or liability to, the current or future partners, members or equity owners of the Company or any other third party in connection with its engagement hereunder, all of which are hereby expressly waived to the extent the Company has the authority to waive such duties and liabilities.

Appears in 44 contracts

Samples: Structuring Fee Agreement (Goldman Sachs MLP & Energy Renaissance Fund), Syndication Fee Agreement (Goldman Sachs MLP Income Opportunities Fund), Structuring Fee Agreement (Goldman Sachs MLP Income Opportunities Fund)

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Not Exclusive. Nothing herein shall be construed as prohibiting Xxxxxx Xxxxxxx or its affiliates from acting as an underwriter or financial advisor or in any other capacity for any other persons (including other registered investment companies or other investment managers). Neither this Agreement nor the performance of the services contemplated hereunder shall be considered to constitute a partnership, association or joint venture between Xxxxxx Xxxxxxx and the Company. In addition, nothing in this Agreement shall be construed to constitute Xxxxxx Xxxxxxx as the agent or employee of the Company or the Company as the agent or employee of Xxxxxx Xxxxxxx, and neither party shall make any representation to the contrary. It is understood that Xxxxxx Xxxxxxx is engaged hereunder solely to provide the services described above to the Company and that Xxxxxx Xxxxxxx is not acting as an agent or fiduciary of, and Xxxxxx Xxxxxxx shall not have any duties or liability to, the current or future partners, members partners or equity owners of the Company or any other third party in connection with its engagement hereunder, all of which are hereby expressly waived to the extent the Company has the authority to waive such duties and liabilities. For the avoidance of doubt, it is acknowledged and agreed that the Company may pay compensation of any kind to any other person for services the same as, or similar to, the services provided by Xxxxxx Xxxxxxx hereunder.

Appears in 24 contracts

Samples: Structuring and Syndication Fee Agreement (Nuveen Dynamic Municipal Opportunities Fund), Structuring and Syndication Fee Agreement (Nuveen Dynamic Municipal Opportunities Fund), Structuring Fee Agreement (Calamos Long/Short Equity & Dynamic Income Trust)

Not Exclusive. Nothing herein shall be construed as prohibiting Xxxxxx Xxxxxxx or its affiliates from acting as an underwriter or financial advisor or in any other capacity for any other persons (including other registered investment companies or other investment managers). Neither this Agreement nor the performance of the services contemplated hereunder shall be considered to constitute a partnership, association or joint venture between Xxxxxx Xxxxxxx and the Company. In addition, nothing in this Agreement shall be construed to constitute Xxxxxx Xxxxxxx as the agent or employee of the Company or the Company as the agent or employee of Xxxxxx Xxxxxxx, and neither party shall make any representation to the contrary. It is understood that Xxxxxx Xxxxxxx is engaged hereunder solely to provide the services described above to the Company and that Xxxxxx Xxxxxxx is not acting as an agent or fiduciary of, and Xxxxxx Xxxxxxx shall not have any duties or liability to, the current or future partners, members or equity owners of the Company or any other third party in connection with its engagement hereunder, all of which are hereby expressly waived to the extent the Company has the authority to waive such duties and liabilities. For the avoidance of doubt, it is acknowledged and agreed that the Company may pay compensation of any kind to any other person for services the same as, or similar to, the services provided by Xxxxxx Xxxxxxx hereunder.

Appears in 8 contracts

Samples: Syndication Fee Agreement (KKR Income Opportunities Fund), Structuring Fee Agreement (KKR Income Opportunities Fund), Structuring Fee Agreement (BlackRock Multi-Sector Income Trust)

Not Exclusive. Nothing herein shall be construed as prohibiting Xxxxxx Xxxxxxx or its affiliates from acting as an underwriter or financial advisor or in any other capacity for any other persons (including other registered investment companies or other investment managers). Neither this Agreement nor the performance of the services contemplated hereunder shall be considered to constitute a partnership, association or joint venture between Xxxxxx Xxxxxxx and the Company. In addition, nothing in this Agreement shall be construed to constitute Xxxxxx Xxxxxxx as the agent or employee of the Company or the Company as the agent or employee of Xxxxxx Xxxxxxx, and neither party shall make any representation to the contrary. It is understood that Xxxxxx Xxxxxxx is engaged hereunder solely to provide the services described above to the Company and that Xxxxxx Xxxxxxx is not acting as an agent or fiduciary of, and Xxxxxx Xxxxxxx shall not have any duties or liability to, the current or future partners, members partners or equity owners of the Company or any other third party in connection with its engagement hereunder, all of which are hereby expressly waived to the extent the Company has the authority to waive such duties and liabilities.

Appears in 8 contracts

Samples: Structuring Fee Agreement (Cohen & Steers Real Estate Opportunities & Income Fund), Fee Agreement (PIMCO Access Income Fund), Structuring and Syndication Fee Agreement (Western Asset Diversified Income Fund)

Not Exclusive. Nothing herein shall be construed as prohibiting Xxxxxx Xxxxxxx or its affiliates from acting as an underwriter or financial advisor adviser or in any other capacity for any other persons (including other registered investment companies or other investment managers). Neither this Agreement nor the performance of the services contemplated hereunder shall be considered to constitute a partnership, association or joint venture between Xxxxxx Xxxxxxx and the Company. In addition, nothing in this Agreement shall be construed to constitute Xxxxxx Xxxxxxx as the agent or employee of the Company or the Company as the agent or employee of Xxxxxx Xxxxxxx, and neither party shall make any representation to the contrary. It is understood that Xxxxxx Xxxxxxx is engaged hereunder solely to provide the services described above to the Company and that Xxxxxx Xxxxxxx is not acting as an agent or fiduciary of, and Xxxxxx Xxxxxxx shall not have any duties or liability to, the current or future partners, members or equity owners of the Company or any other third party in connection with its engagement hereunder, all of which are hereby expressly waived to the extent the Company has the authority to waive such duties and liabilities.

Appears in 6 contracts

Samples: Fee Agreement (Nuveen Short Duration Credit Opportunities Fund), Fee Agreement (Nuveen Energy MLP Total Return Fund), Fee Agreement (Nuveen Build America Bond Opportunity Fund)

Not Exclusive. Nothing herein shall be construed as prohibiting Xxxxxx Xxxxxxx you or its your affiliates from acting as an underwriter or financial advisor or in any other capacity for any other persons (including other registered investment companies or other investment managers). Neither this Agreement nor the performance of the services contemplated hereunder shall be considered to constitute a partnership, association or joint venture between Xxxxxx Xxxxxxx and the Company. In addition, nothing in this Agreement shall be construed to constitute Xxxxxx Xxxxxxx as the agent or employee of the Company or the Company as the agent or employee of Xxxxxx Xxxxxxx, and neither party shall make any representation to the contrary. It is understood that Xxxxxx Xxxxxxx is engaged hereunder solely to provide the services described above to the Company and that Xxxxxx Xxxxxxx is not acting as an agent or fiduciary of, and Xxxxxx Xxxxxxx shall not have any duties or liability to, the current or future partners, members or equity owners partners of the Company or any other third party in connection with its engagement hereunder, all of which are hereby expressly waived to the extent the Company has the authority to waive such duties and liabilities.

Appears in 4 contracts

Samples: Marketing and Structuring Fee Agreement (NexPoint Credit Strategies Fund), Marketing and Structuring Fee Agreement (Nuveen Global Value Opportunities Fund), Marketing and Structuring Fee Agreement (Morgan Stanley China a Share Fund, Inc.)

Not Exclusive. Nothing herein shall be construed as prohibiting Xxxxxx Xxxxxxx or its affiliates from acting as an underwriter or financial advisor or in any other capacity for any other persons (including other registered investment companies or other investment managers). Neither this Agreement nor the performance of the services contemplated hereunder shall be considered to constitute a partnership, association or joint venture between Xxxxxx Xxxxxxx and the Company. In addition, nothing in this Agreement shall be construed to constitute Xxxxxx Xxxxxxx as the agent or employee of the Company or the Company as the agent or employee of Xxxxxx Xxxxxxx, and neither party shall make any representation to the contrary. It is understood that Xxxxxx Xxxxxxx is engaged hereunder solely to provide the services described above to the Company and that Xxxxxx Xxxxxxx is not acting as an agent or fiduciary of, and Xxxxxx Xxxxxxx shall not have any duties or liability to, the current or future partners, members stockholders or other equity owners of the Company or any other third party in connection with its engagement hereunder, all of which are hereby expressly waived to the extent the Company has the authority to waive such duties and liabilities. For the avoidance of doubt, it is acknowledged and agreed that the Company may pay compensation of any kind to any other person for services the same as, or similar to, the services provided by Xxxxxx Xxxxxxx hereunder.

Appears in 4 contracts

Samples: Syndication Fee Agreement (Nuveen Intermediate Duration Municipal Term Fund), Structuring Fee Agreement (Nuveen Intermediate Duration Municipal Term Fund), Structuring Fee Agreement (Nuveen Intermediate Duration Municipal Term Fund)

Not Exclusive. Nothing herein shall be construed as prohibiting Xxxxxx Xxxxxxx or its affiliates from acting as an underwriter or financial advisor or in any other capacity for any other persons (including other registered investment companies or other investment managers). Neither this Agreement nor the performance of the services contemplated hereunder shall be considered to constitute a partnership, association or joint venture between Xxxxxx Xxxxxxx and the CompanyFund. In addition, nothing in this Agreement shall be construed to constitute Xxxxxx Xxxxxxx as the agent or employee of the Company Fund or the Company Fund as the agent or employee of Xxxxxx Xxxxxxx, and neither party shall make any representation to the contrary. It is understood that Xxxxxx Xxxxxxx is engaged hereunder solely to provide the services described above to the Company Fund and that Xxxxxx Xxxxxxx is not acting as an agent or fiduciary of, and Xxxxxx Xxxxxxx shall not have any duties or liability to, the current or future partners, members partners or equity owners of the Company Fund or any other third party in connection with its engagement hereunder, all of which are hereby expressly waived to the extent the Company Fund has the authority to waive such duties and liabilities. For the avoidance of doubt, it is acknowledged and agreed that the Fund may pay compensation of any kind to any other person for services the same as, or similar to, the services provided by Xxxxxx Xxxxxxx hereunder.

Appears in 4 contracts

Samples: Structuring Fee Agreement (Nuveen Floating Rate Income Fund), Structuring Fee Agreement (Nuveen Floating Rate Income Opportunity Fund), Structuring Fee Agreement (Nuveen Senior Income Fund)

Not Exclusive. Nothing herein shall be construed as prohibiting Xxxxxx Xxxxxxx or its affiliates from acting as an underwriter or financial advisor or in any other capacity for any other persons (including other registered investment companies or other investment managers). Neither this Agreement nor the performance of the services contemplated hereunder shall be considered to constitute a partnership, association or joint venture between Xxxxxx Xxxxxxx and the Company. In addition, nothing in this Agreement shall be construed to constitute Xxxxxx Xxxxxxx as the agent or employee of the Company or the Company as the agent or employee of Xxxxxx Xxxxxxx, and neither party shall make any representation to the contrary. It is understood that Xxxxxx Xxxxxxx is engaged hereunder solely to provide the services described above to the Company and that Xxxxxx Xxxxxxx is not acting as an agent or fiduciary of, and Xxxxxx Xxxxxxx shall not have any duties or liability to, the current or future partners, members or other equity owners of the Company or any other third party in connection with its engagement hereunder, all of which are hereby expressly waived to the extent the Company has the authority to waive such duties and liabilities. For the avoidance of doubt, it is acknowledged and agreed that the Company may pay compensation of any kind to any other person for services the same as, or similar to, the services provided by Xxxxxx Xxxxxxx hereunder.

Appears in 4 contracts

Samples: Syndication Fee Agreement (Nuveen Flexible Investment Income Fund), Structuring Fee Agreement (Nuveen Flexible Investment Income Fund), Structuring Fee Agreement (Nuveen Flexible Investment Income Fund)

Not Exclusive. Nothing herein shall be construed as prohibiting Xxxxxx Xxxxxxx or its affiliates from acting as an underwriter or financial advisor or in any other capacity for any other persons (including other registered investment companies or other investment managers). Neither this Agreement nor the performance of the services contemplated hereunder shall be considered to constitute a partnership, association or joint venture between Xxxxxx Xxxxxxx and the Company. In addition, nothing in this Agreement shall be construed to constitute Xxxxxx Xxxxxxx as the agent or employee of the Company or the Company as the agent or employee of Xxxxxx Xxxxxxx, and neither party shall make any representation to the contrary. It is understood that Xxxxxx Xxxxxxx is engaged hereunder solely to provide the services described above to the Company and that Xxxxxx Xxxxxxx is not acting as an agent or fiduciary of, and Xxxxxx Xxxxxxx shall not have any duties or liability to, the current or future partners, members partners or equity owners of the Company or any other third party in connection with its engagement hereunder, all of which are hereby expressly waived to the extent the Company has the authority to waive such duties and liabilities. For the avoidance of doubt, and subject to Section 1(c) hereof, it is acknowledged and agreed that the Company may pay compensation of any kind to any other person for services the same as, or similar to, the services provided by Xxxxxx Xxxxxxx hereunder.

Appears in 4 contracts

Samples: Structuring Fee Agreement (Neuberger Berman Next Generation Connectivity Fund Inc.), Structuring and Syndication Fee Agreement (BlackRock Innovation & Growth Trust), Structuring and Syndication Fee Agreement (BlackRock Health Sciences Trust II)

Not Exclusive. Nothing herein shall be construed as prohibiting Xxxxxx Xxxxxxx or its affiliates from acting as an underwriter or financial advisor or in any other capacity for any other persons (including other registered investment companies or other investment managers). Neither this Agreement nor the performance of the services contemplated hereunder shall be considered to constitute a partnership, association or joint venture between Xxxxxx Xxxxxxx and the Company. In addition, nothing in this Agreement shall be construed to constitute Xxxxxx Xxxxxxx as the agent or employee of the Company or the Company as the agent or employee of Xxxxxx Xxxxxxx, and neither party shall make any representation to the contrary. It is understood that Xxxxxx Xxxxxxx is engaged hereunder solely to provide the services described above to the Company and that Xxxxxx Xxxxxxx is not acting as an agent or fiduciary of, and Xxxxxx Xxxxxxx shall not have any duties or liability to, the current or future partners, members partners or equity owners of the Company or any other third party in connection with its engagement hereunder, all of which are hereby expressly waived to the extent the Company has the authority to waive such duties and liabilities. For the avoidance of doubt, and subject to Section 1(d) hereof, it is acknowledged and agreed that the Company may pay compensation of any kind to any other person for services the same as, or similar to, the services provided by Xxxxxx Xxxxxxx hereunder.

Appears in 3 contracts

Samples: Structuring and Syndication Fee Agreement (Pioneer Municipal High Income Opportunities Fund, Inc.), Structuring and Syndication Fee Agreement (PGIM Short Duration High Yield Opportunities Fund), Structuring and Syndication Fee Agreement (BlackRock Science & Technology Trust)

Not Exclusive. Nothing herein shall be construed as prohibiting Xxxxxx Xxxxxxx you or its your affiliates from acting as an underwriter or financial advisor or in any other capacity for any other persons (including other registered investment companies or other investment managers). Neither this Agreement nor the performance of the services contemplated hereunder shall be considered to constitute a partnership, association or joint venture between Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx and the Company. In addition, nothing in this Agreement shall be construed to constitute Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx as the agent or employee of the Company or the Company as the agent or employee of Xxxxxx XxxxxxxMxxxxx Sxxxxxx, and neither party shall make any representation to the contrary. It is understood that Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx is engaged hereunder solely to provide the services described above to the Company and that Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx is not acting as an agent or fiduciary of, and Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx shall not have any duties or liability to, the current or future partners, members or equity owners partners of the Company or any other third party in connection with its engagement hereunder, all of which are hereby expressly waived to the extent the Company has the authority to waive such duties and liabilities.

Appears in 2 contracts

Samples: Marketing and Structuring Fee Agreement (DWS Dreman Value IncomEdge Fund, Inc.), Marketing and Structuring Fee Agreement (Highland Credit Strategies Fund)

Not Exclusive. Nothing herein shall be construed as prohibiting Xxxxxx Xxxxxxx or its affiliates from acting as an underwriter or financial advisor or in any other capacity for any other persons (including other registered investment companies or other investment managers). Neither this Agreement nor the performance of the services contemplated hereunder shall be considered to constitute a partnership, association or joint venture between Xxxxxx Xxxxxxx and the CompanyAdviser. In addition, nothing in this Agreement shall be construed to constitute Xxxxxx Xxxxxxx as the agent or employee of the Company Adviser or the Company Adviser as the agent or employee of Xxxxxx Xxxxxxx, and neither party shall make any representation to the contrary. It is understood that Xxxxxx Xxxxxxx is engaged hereunder solely to provide the services described above to the Company Adviser and that Xxxxxx Xxxxxxx is not acting as an agent or fiduciary of, and Xxxxxx Xxxxxxx shall not have any duties or liability to, the current or future partners, members partners or equity owners of the Company Adviser or any other third party in connection with its engagement hereunder, all of which are hereby expressly waived to the extent the Company Adviser has the authority to waive such duties and liabilities.

Appears in 2 contracts

Samples: Structuring Fee Agreement (DoubleLine Yield Opportunities Fund), Structuring Fee Agreement (RiverNorth Opportunistic Municipal Income Fund, Inc.)

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Not Exclusive. Nothing herein shall be construed as prohibiting Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx or its affiliates from acting as an underwriter or financial advisor or in any other capacity for any other persons (including other registered investment companies or other investment managers). Neither this Agreement nor the performance of the services contemplated hereunder shall be considered to constitute a partnership, association or joint venture between Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx and the Company. In addition, nothing in this Agreement shall be construed to constitute Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx as the agent or employee of the Company or the Company as the agent or employee of Xxxxxx XxxxxxxMxxxxx Sxxxxxx, and neither party shall make any representation to the contrary. It is understood that Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx is engaged hereunder solely to provide the services described above to the Company and that Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx is not acting as an agent or fiduciary of, and Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx shall not have any duties or liability to, the current or future partners, members or equity owners of the Company or any other third party in connection with its engagement hereunder, all of which are hereby expressly waived to the extent the Company has the authority to waive such duties and liabilities.

Appears in 2 contracts

Samples: Marketing and Structuring Fee Agreement (Eaton Vance Tax-Managed Global Diversified Equity Income Fund), Marketing and Structuring Fee Agreement (Cushing MLP Total Return Fund)

Not Exclusive. Nothing herein shall be construed as prohibiting Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx or its affiliates from acting as an underwriter or financial advisor or in any other capacity for any other persons (including other registered investment companies or other investment managers). Neither this Agreement nor the performance of the services contemplated hereunder shall be considered to constitute a partnership, association or joint venture between Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx and the Company. In addition, nothing in this Agreement shall be construed to constitute Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx as the agent or employee of the Company or the Company as the agent or employee of Xxxxxx XxxxxxxMxxxxx Sxxxxxx, and neither party shall make any representation to the contrary. It is understood that Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx is engaged hereunder solely to provide the services described above to the Company and that Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx is not acting as an agent or fiduciary of, and Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx shall not have any duties or liability to, the current or future partners, members partners or equity owners of the Company or any other third party in connection with its engagement hereunder, all of which are hereby expressly waived to the extent the Company has the authority to waive such duties and liabilities.

Appears in 2 contracts

Samples: Structuring and Syndication Fee Agreement (First Trust High Yield Opportunities 2027 Term Fund), Structuring and Syndication Fee Agreement (Duff & Phelps Select Energy MLP Fund Inc.)

Not Exclusive. Nothing herein shall be construed as prohibiting Xxxxxx Xxxxxxx or its affiliates from acting as an underwriter underwriter, dealer or financial advisor or in any other capacity for any other persons (including other registered investment companies or other investment managers). Neither this Agreement nor the performance of the services contemplated hereunder shall be considered to constitute a partnership, association or joint venture between Xxxxxx Xxxxxxx and the Company. In addition, nothing in this Agreement shall be construed to constitute Xxxxxx Xxxxxxx as the agent or employee of the Company or the Company as the agent or employee of Xxxxxx Xxxxxxx, and neither party shall make any representation to the contrary. It is understood that Xxxxxx Xxxxxxx is engaged hereunder solely to provide the services described above to the Company and that Xxxxxx Xxxxxxx is not acting as an agent or fiduciary of, and Xxxxxx Xxxxxxx shall not have any duties or liability to, the current or future partners, members partners or equity owners of the Company or any other third party in connection with its engagement hereunder, all of which are hereby expressly waived to the extent the Company has the authority to waive such duties and liabilities.

Appears in 2 contracts

Samples: Fee Agreement (AllianzGI Artificial Intelligence & Technology Opportunities Fund), Structuring Fee Agreement (AllianzGI Convertible & Income 2024 Target Term Fund)

Not Exclusive. Nothing herein shall be construed as prohibiting Xxxxxx Xxxxxxx or its affiliates from acting as an underwriter or financial advisor or in any other capacity for any other persons (including other registered investment companies or other investment managers). Neither this Agreement nor the performance of the services contemplated hereunder shall be considered to constitute a partnership, association or joint venture between Xxxxxx Xxxxxxx and either of the CompanyCompanies. In addition, nothing in this Agreement shall be construed to constitute Xxxxxx Xxxxxxx as the agent or employee of either of the Company Companies or either of the Company Companies as the agent agents or employee employees of Xxxxxx Xxxxxxx, and neither no party shall make any representation to the contrary. It is understood that Xxxxxx Xxxxxxx is engaged hereunder solely to provide the services described above to the Company Companies and that Xxxxxx Xxxxxxx is not acting as an agent or fiduciary of, and Xxxxxx Xxxxxxx shall not have any duties or liability to, the current or future partners, members or equity owners of either of the Company Companies or any other third party in connection with its engagement hereunder, all of which are hereby expressly waived to the extent the each Company has the authority to waive such duties and liabilities.

Appears in 1 contract

Samples: Structuring Fee Agreement (Guggenheim Build America Bonds Managed Duration Trust)

Not Exclusive. Nothing herein shall be construed as prohibiting Xxxxxx Xxxxxxx or its affiliates from acting as an underwriter underwriter, dealer or financial advisor or in any other capacity for any other persons (including other registered investment companies or other investment managers). Neither this Agreement nor the performance of the services contemplated hereunder shall be considered to constitute a partnership, association or joint venture between Xxxxxx Xxxxxxx and the Company. In addition, nothing in this Agreement shall be construed to constitute Xxxxxx Xxxxxxx as the agent or employee of the Company or the Company as the agent or employee of Xxxxxx Xxxxxxx, and neither party shall make any representation to the contrary. It is understood that Xxxxxx Xxxxxxx is engaged hereunder solely to provide the services described above to the Company and that Xxxxxx Xxxxxxx is not acting as an agent or fiduciary of, and Xxxxxx Xxxxxxx shall not have any duties or liability to, the current or future partners, members partners or equity owners of the Company or any other third party in connection with its engagement hereunder, all of which are hereby expressly waived to the extent the Company has the authority to waive such duties and liabilities. For the avoidance of doubt, and subject to Section 1(c) hereof, it is acknowledged and agreed that the Company may pay compensation of any kind to any other person for services the same as, or similar to, the services provided by Xxxxxx Xxxxxxx hereunder.

Appears in 1 contract

Samples: Fee Agreement (Dreyfus Alcentra Global Credit Income 2024 Target Term Fund, Inc.)

Not Exclusive. Nothing herein shall be construed as prohibiting Xxxxxx Xxxxxxx or its affiliates from acting as an underwriter underwriter, dealer or financial advisor or in any other capacity for any other persons (including other registered investment companies or other investment managers). Neither this Agreement nor the performance of the services contemplated hereunder shall be considered to constitute a partnership, association or joint venture between Xxxxxx Xxxxxxx and the Company. In addition, nothing in this Agreement shall be construed to constitute Xxxxxx Xxxxxxx as the agent or employee of the Company or the Company as the agent or employee of Xxxxxx Xxxxxxx, and neither party shall make any representation to the contrary. It is understood that Xxxxxx Xxxxxxx is engaged hereunder solely to provide the services described above to the Company and that Xxxxxx Xxxxxxx is not acting as an agent or fiduciary of, and Xxxxxx Xxxxxxx shall not have any duties or liability to, the current or future partners, members partners or equity owners of the Company or any other third party in connection with its engagement hereunder, all of which are hereby expressly waived to the extent the Company has the authority to waive such duties and liabilities. For the avoidance of doubt, and subject to Section 1(b) hereof, it is acknowledged and agreed that the Company may pay compensation of any kind to any other person for services the same as, or similar to, the services provided by Xxxxxx Xxxxxxx hereunder.

Appears in 1 contract

Samples: Structuring Fee Agreement (BlackRock Multi-Sector Opportunities Trust)

Not Exclusive. Nothing herein shall be construed as prohibiting Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx or its affiliates from acting as an underwriter underwriter, dealer or financial advisor or in any other capacity for any other persons (including other registered investment companies or other investment managers). Neither this Agreement nor the performance of the services contemplated hereunder shall be considered to constitute a partnership, association or joint venture between Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx and the Company. In addition, nothing in this Agreement shall be construed to constitute Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx as the agent or employee of the Company or the Company as the agent or employee of Xxxxxx XxxxxxxMxxxxx Sxxxxxx, and neither party shall make any representation to the contrary. It is understood that Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx is engaged hereunder solely to provide the services described above to the Company and that Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx is not acting as an agent or fiduciary of, and Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx shall not have any duties or liability to, the current or future partners, members partners or equity owners of the Company or any other third party in connection with its engagement hereunder, all of which are hereby expressly waived to the extent the Company has the authority to waive such duties and liabilities.

Appears in 1 contract

Samples: Structuring Fee Agreement (Guggenheim Energy & Income Fund)

Not Exclusive. Nothing herein shall be construed as prohibiting Xxxxxx Xxxxxxx or its affiliates from acting as an underwriter or financial advisor or in any other capacity for any other persons (including other registered investment companies or other investment managers). Neither this Agreement nor the performance of the services contemplated hereunder shall be considered to constitute a partnership, association or joint venture between Xxxxxx Xxxxxxx and the CompanyXxxx Xxxxx. In addition, nothing in this Agreement shall be construed to constitute Xxxxxx Xxxxxxx as the agent or employee of the Company Xxxx Xxxxx or the Company Xxxx Xxxxx as the agent or employee of Xxxxxx Xxxxxxx, and neither party shall make any representation to the contrary. It is understood that Xxxxxx Xxxxxxx is engaged hereunder solely to provide the services described above to the Company Xxxx Xxxxx and that Xxxxxx Xxxxxxx is not acting as an agent or fiduciary of, and Xxxxxx Xxxxxxx shall not have any duties or liability to, the current or future partners, members partners or equity owners of the Company Xxxx Xxxxx or any other third party in connection with its engagement hereunder, all of which are hereby expressly waived to the extent the Company Xxxx Xxxxx has the authority to waive such duties and liabilities.

Appears in 1 contract

Samples: Structuring Fee Agreement (Western Asset Middle Market Income Fund Inc.)

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