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 referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof and as of each 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), (xvii), (xxi) and (xxiii) below are made by the Subadviser based on its reasonable belief after due inquiry:

Appears in 3 contracts

Samples: Purchase Agreement (Dow 30 Enhanced Premium & Income Fund Inc.), Purchase Agreement (NASDAQ Premium Income & Growth Fund Inc.), Purchase Agreement (Global Income & Currency Fund Inc.)

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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 referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof and as of each 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), (xvii), (xxi) and (xxiii) below are made by the Subadviser based on its reasonable belief after due inquiry:

Appears in 2 contracts

Samples: Purchase Agreement (Defined Strategy Fund, Inc.), Purchase Agreement (Dow 30 Premium & Dividend Income Fund Inc.)

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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 referred to in Section 1(a)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof hereof, will jointly and severally represent and warrant to each Underwriter as of each 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), (xviixv), (xxixvii) and (xxiiixxii) below are made by the Subadviser Sub-Adviser based on its their reasonable belief after due inquiry:

Appears in 1 contract

Samples: Purchase Agreement (First Trust/Aberdeen Global Opportunity Income Fund)

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