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

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers, 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 9 contracts

Samples: Underwriting Agreement (Rivernorth Opportunities Fund, Inc.), Underwriting Agreement (Eagle Growth & Income Opportunities Fund), Underwriting Agreement (RiverNorth/DoubleLine Strategic Opportunity Fund, Inc.)

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Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers, Advisers 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(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 9 contracts

Samples: Purchase Agreement (Neuberger Berman Intermediate Municipal Fund Inc), Purchase Agreement (Neuberger Berman California Intermediate Municipal Fund Inc), Purchase Agreement (Neuberger Berman New York Intermediate Municipal Fund Inc)

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers, Advisers jointly and severally, severally represent and warrant to each Underwriter as of the date hereof, as of the Applicable TimeTime referred to in Section 1(a)(i) hereof, 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: Underwriting Agreement (Nuveen Intermediate Duration Quality Municipal Term Fund), Underwriting Agreement (Nuveen California Dividend Advantage Municipal Fund 3), Underwriting Agreement (Nuveen California Dividend Advantage Municipal Fund 3)

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers, Advisers 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 (AllianzGI Diversified Income & Convertible Fund), Underwriting Agreement (Clearbridge American Energy MLP Fund Inc.), Underwriting Agreement (Prudential Global Short Duration High Yield Fund, Inc.)

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers, Advisers jointly and severally, severally represent and warrant to each the Underwriter as of the date hereof, as of the Applicable TimeTime of Sale, 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 with each the Underwriter, as follows:

Appears in 5 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)

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers, Advisers jointly and severally, severally represent and warrant to each the Underwriter as of the date hereof, as of the Applicable Time, Time of Sale 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 the Underwriter, as follows:

Appears in 4 contracts

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

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers, Advisers 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, 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 3 contracts

Samples: Purchase Agreement (S&P 500 GEARED Fund Inc.), Purchase Agreement (S&P 500 Covered Call Fund Inc.), Purchase Agreement (Small Cap Premium & Dividend Income Fund, Inc.)

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers, Advisers 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(c) hereof, will jointly and severally represent and warrant to each Underwriter 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 2 contracts

Samples: Purchase Agreement (First Trust/Fiduciary Asset Management Covered Call Fund), Purchase Agreement (First Trust Four Corners Senior Floating Rate Income Fund Ii)

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers, Advisers jointly and severally, severally represent and warrant to each [each][the] Underwriter as of the date hereof, as of the Applicable TimeTime of Sale, 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) hereofhereof]4, and agree with each [each][the] Underwriter, as follows:

Appears in 2 contracts

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

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers, Advisers jointly and severally, severally represent and warrant to each Underwriter as of the Applicable Time referred to in Section 1(a)(i) hereof, 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 1 contract

Samples: Purchase Agreement (DWS RREEF World Real Estate & Tactical Strategies Fund, Inc.)

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers, Advisers 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 (Cohen & Steers Global Income Builder, Inc)

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers, Advisers 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 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 (Cohen & Steers Global Income Builder, Inc)

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Representations and Warranties by the Fund and the Advisers. The Fund Fund, and the Advisers, 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 (Claymore/Guggenheim Strategic Opportunities Fund)

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers, Advisers 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(c) hereof, will jointly and severally represent and warrant to each Underwriter as of each Option Closing Date of Delivery (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows, except that the representations and warranties set forth in paragraph (ix), below are made by the Sub-Adviser based on its knowledge:

Appears in 1 contract

Samples: Purchase Agreement (First Trust/Fidac Mortgage Income Fund)

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers, Advisers 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, except that the representations and warranties set forth in paragraphs (xiii), (xv) and (xxii) below are made by the Sub-Adviser based on its reasonable belief after due inquiry:

Appears in 1 contract

Samples: Purchase Agreement (Nuveen Equity Premium & Growth Fund)

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers, Advisers jointly and severally, severally represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time, Time referred to in Section 1(a)(i) hereof and as of the Closing Date Time referred to in Section 2(c) hereof, will jointly and severally represent and warrant to each Underwriter 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 (First Trust Global Credit Strategies Fund)

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers, 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 (Rivernorth Opportunities Fund, Inc.)

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers, Advisers 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(c1(a)(i) hereof, and as of each Option the Closing Date (if any) Time referred to in Section 2(b) hereof2(c), and agree with each Underwriter, as follows:

Appears in 1 contract

Samples: Purchase Agreement (Advent/Claymore Global Convertible Securities & Income Fund)

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

Appears in 1 contract

Samples: Underwriting Agreement (Brookfield Global Listed Infrastructure Income Fund Inc.)

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