Common use of Representations and Warranties by the Fund and the Adviser Clause in Contracts

Representations and Warranties by the Fund and the Adviser. The Fund and the Adviser, jointly and severally, represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Date referred to in Section 2(c) hereof, and as of each Option Closing Date (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:

Appears in 19 contracts

Samples: Underwriting Agreement (RiverNorth/DoubleLine Strategic Opportunity Fund, Inc.), Underwriting Agreement (Eaton Vance Floating-Rate 2022 Target Term Trust), Underwriting Agreement (AllianzGI Convertible & Income 2024 Target Term Fund)

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Representations and Warranties by the Fund and the Adviser. The Fund and the Adviser, jointly Adviser each severally represents and severally, represent and warrant warrants to each the Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Date Time referred to in Section 2(c) hereof, hereof and as of each Option Closing the Date of Delivery (if any) referred to in Section 2(b) hereof, and agree agrees with each the Underwriter, as follows:

Appears in 17 contracts

Samples: Purchase Agreement (Corporate High Yield Fund Iv), Purchase Agreement (Muni New York Intermediate Duration Fund Inc), Purchase Agreement (Muniholdings New Jersey Insured Fund Iv Inc)

Representations and Warranties by the Fund and the Adviser. The Fund and the Adviser, jointly and severally, represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time, Time (as defined below) and as of the Closing Date referred to in Section 2(c) hereof, and as of each Option Closing Date (if any) Time referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:

Appears in 12 contracts

Samples: Underwriting Agreement (Gabelli Dividend & Income Trust), Underwriting Agreement (Gabelli Multimedia Trust Inc.), Underwriting Agreement (Gabelli Equity Trust Inc)

Representations and Warranties by the Fund and the Adviser. The Fund and the Adviser, jointly and severally, represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time, Time (as defined below) and as of the Closing Time referred to in Section 2(c)(i) hereof (and, if any Additional Shares are purchased, at the applicable Option Closing Date referred to in Section 2(c) hereof, and as of each Option Closing Date (if any) referred to in Section 2(b) hereof2(c)(ii)), and agree with each Underwriter, as follows:

Appears in 11 contracts

Samples: Underwriting Agreement (Priority Income Fund, Inc.), Underwriting Agreement (Priority Income Fund, Inc.), Underwriting Agreement (Priority Income Fund, Inc.)

Representations and Warranties by the Fund and the Adviser. The Fund and the Adviser, jointly and severally, Adviser represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Date Time referred to in Section 2(c) hereof, and as of each Option Closing Date of Delivery (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:

Appears in 9 contracts

Samples: Underwriting Agreement (Tortoise Energy Infrastructure Corp), Underwriting Agreement (Tortoise Energy Capital Corp), Underwriting Agreement (RMK Multi-Sector High Income Fund Inc)

Representations and Warranties by the Fund and the Adviser. The Fund and the Adviser, Adviser jointly and severally, severally represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Date Time referred to in Section 2(c) hereof, and as of each Option Closing Date of Delivery (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:

Appears in 8 contracts

Samples: Purchase Agreement (Gabelli Dividend & Income Trust), Purchase Agreement (Aew Real Estate Income Fund), Purchase Agreement (F&c/Claymore Preferred Securities Income Fund Inc)

Representations and Warranties by the Fund and the Adviser. The Fund and the Adviser, jointly and severally, Adviser represent and warrant to each Underwriter as of the date hereof, as of the Applicable TimeTime (as defined below), as of the Closing Date Time referred to in Section 2(c) hereof, and as of each Option Closing Date of Delivery (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:

Appears in 7 contracts

Samples: Underwriting Agreement (Tortoise Energy Infrastructure Corp), Underwriting Agreement (Tortoise Energy Infrastructure Corp), Underwriting Agreement (Tortoise Energy Capital Corp)

Representations and Warranties by the Fund and the Adviser. The Fund and the Adviser, Adviser jointly and severally, severally represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Date referred to in Section 2(c) hereofTime (as defined below), and any Date of Delivery (as of each Option Closing Date (if any) referred to in Section 2(b) hereofdefined below), and agree with each Underwriter, as follows:

Appears in 6 contracts

Samples: Underwriting Agreement (Neuberger Berman Next Generation Connectivity Fund Inc.), Underwriting Agreement (AllianzGI Artificial Intelligence & Technology Opportunities Fund), Underwriting Agreement (Ares Multi-Strategy Credit Fund, Inc.)

Representations and Warranties by the Fund and the Adviser. The Fund and the Adviser, jointly Adviser each severally represents and severally, represent and warrant warrants to each Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Date Time referred to in Section 2(c) hereof, hereof and as of each Option Closing the Date of Delivery (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:

Appears in 4 contracts

Samples: Purchase Agreement (Preferred Income Strategies Fund Inc), Purchase Agreement (Corporate High Yield Vi), Purchase Agreement (Preferred & Corporate Income Strategies Fund Inc)

Representations and Warranties by the Fund and the Adviser. The Fund and the Adviser, Adviser jointly and severally, severally represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Date Time referred to in Section 2(c) hereof, and as of each Option Closing Date (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:

Appears in 3 contracts

Samples: Purchase Agreement (Evergreen Income Advantage Fund), Purchase Agreement (Flaherty & Crumrine/Claymore Total Return Fund Inc), Purchase Agreement (Evergreen Managed Income Fund)

Representations and Warranties by the Fund and the Adviser. The Fund and the AdviserAdvisers, jointly and severally, represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Date referred to in Section 2(c) hereof, and as of each Option Closing Date (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (Principal Real Estate Income Fund), Underwriting Agreement (Neuberger Berman MLP Income Fund Inc.)

Representations and Warranties by the Fund and the Adviser. The Fund Fund, and the Adviser, jointly and severally, represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Date referred to in Section 2(c) hereof, and as of each Option Closing Date (if any) referred to in Section 2(b) hereof, and agree with each the Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (Cornerstone Progressive Return Fund), Underwriting Agreement (Cornerstone Progressive Return Fund)

Representations and Warranties by the Fund and the Adviser. The Fund and the Adviser, jointly and severally, represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Date referred to in Section 2(c) hereof, and as of each Option Closing Date (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (Calamos Global Dynamic Income Fund), Underwriting Agreement (Calamos Strategic Total Return Fund)

Representations and Warranties by the Fund and the Adviser. The Fund and the Adviser, jointly and severally, Adviser represent and warrant to each Underwriter as of the date hereof, as of the Applicable TimeTime (as defined below), and as of the Closing Date referred to in Section 2(c) hereof, and as of each Option Closing Date (if any) Time referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (Tortoise Energy Infrastructure Corp), Underwriting Agreement (Tortoise Energy Capital Corp)

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Representations and Warranties by the Fund and the Adviser. The Fund and the Adviser, jointly and severally, represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Date referred to in Section 2(c) hereof, and as of each Option Closing Date (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (Flaherty & Crumrine Dynamic Preferred & Income Fund Inc), Underwriting Agreement (Tortoise Power & Energy Infrastructure Fund Inc)

Representations and Warranties by the Fund and the Adviser. The Fund Fund, and the Adviser, jointly and severally, represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Date referred to in Section 2(c) hereof, and as of each Option Closing Date (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Alpine Total Dynamic Dividend Fund)

Representations and Warranties by the Fund and the Adviser. The Fund and the Adviser, jointly and severally, represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time, and as of the Closing Date referred to in Section 2(c) hereof, and as of each Option Closing Date (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:

Appears in 1 contract

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

Representations and Warranties by the Fund and the Adviser. The Fund and the Adviser, jointly and severally, represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time, Time (as defined below) and as of the Closing Time referred to 33461370v11 in Section 2(c)(i) hereof (and, if any Additional Shares are purchased, at the applicable Option Closing Date referred to in Section 2(c) hereof, and as of each Option Closing Date (if any) referred to in Section 2(b) hereof2(c)(ii)), and agree with each Underwriter, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Priority Income Fund, Inc.)

Representations and Warranties by the Fund and the Adviser. The Fund and the Adviser, Adviser jointly and severally, severally represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time, as of Time referred to in Section 1(a)(i) and the Closing Date Time referred to in Section 2(c) hereof, and as of each Option Closing Date (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:

Appears in 1 contract

Samples: Purchase Agreement (Duff & Phelps Utility & Corporate Bond Trust Inc)

Representations and Warranties by the Fund and the Adviser. The Fund and the Adviser, jointly Adviser each severally represents and severally, represent and warrant warrants to each the Underwriter as of the date hereof, as of the Applicable Time, hereof and as of the Closing Date referred to in Section 2(c) hereof, and as of each Option Closing Date (if any) Time referred to in Section 2(b) hereof, hereof and agree agrees with each the Underwriter, as follows:

Appears in 1 contract

Samples: Purchase Agreement (Market Participation Principal Protection Fund Inc)

Representations and Warranties by the Fund and the Adviser. The Fund and the Adviser, jointly and severally, Adviser represent and warrant to each the Underwriter as of the date hereof, as of the Applicable TimeTime (as defined below), as of the Closing Date Time referred to in Section 2(c) hereof, and as of each Option Closing Date of Delivery (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:

Appears in 1 contract

Samples: Purchase Agreement (Tortoise Energy Infrastructure Corp)

Representations and Warranties by the Fund and the Adviser. The Fund and the Adviser, Adviser jointly and severally, severally represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Date Time referred to in Section 2(c) hereof, and as of each Option Closing Date (if any) referred to in Section 2(b) hereof, hereof and agree with each Underwriter, as follows:

Appears in 1 contract

Samples: Purchase Agreement (Mbia Capital Claymore Man Dur Inv GRD Muni Fund)

Representations and Warranties by the Fund and the Adviser. The Fund and the Adviser, Adviser jointly and severally, severally represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time, hereof and as of the Closing Date Time referred to in Section 2(c2(d) hereof, and as of each Option Closing Date of Delivery (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:

Appears in 1 contract

Samples: Purchase Agreement (Gabelli Dividend & Income Trust)

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