Common use of Rights of the Auction Agent Clause in Contracts

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, any communication authorized hereby and any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby which the Auction Agent reasonably believes in good faith to have been given by the Fund or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund or with the Broker-Dealers or with both.

Appears in 52 contracts

Samples: Auction Agency Agreement (Clough Global Equity Fund), Auction Agency Agreement (Clough Global Opportunities Fund), Auction Agency Agreement (Cohen & Steers Select Utility Fund Inc)

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Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, any communication authorized hereby by this Agreement and any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby by this Agreement which the Auction Agent reasonably believes in good faith to have been given by the Fund Trust or by a Broker-DealerBD. The Auction Agent may record telephone communications with the Fund or with the Broker-Dealers or with bothBD.

Appears in 36 contracts

Samples: Broker Dealer Agreement (MFS Municipal Income Trust), Broker Dealer Agreement (Eaton Vance Tax Advantaged Global Dividend Opportunities Fun), Dealer Agreement (Eaton Vance Insured Pennsylvania Municipal Bond Fund)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, any communication authorized hereby by this Agreement and any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby by this Agreement which the Auction Agent reasonably believes in good faith to have been given by the Fund Company or by a Broker-DealerBD. The Auction Agent may record telephone communications with the Fund or with the Broker-Dealers or with bothBD.

Appears in 34 contracts

Samples: Broker Dealer Agreement (Muniholdings Michigan Insured Fund Ii Inc), Broker Dealer Agreement (Muniholdings Michigan Insured Fund Inc), Broker Dealer Agreement (Muniholdings Fund Inc)

Rights of the Auction Agent. (a) The Auction Agent may rely conclusively rely upon, and shall be fully protected in acting or refraining from acting uponin accordance with, any communication authorized hereby by this Agreement and any proper written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuinegenuine and appropriately authorized. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby by this Agreement which the Auction Agent reasonably believes in good faith faith, after reasonable inquiry, to have been given by the Fund Company or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund Company or with the Broker-Dealers or with both.

Appears in 18 contracts

Samples: Broker Dealer Agreement (Kayne Anderson MLP Investment CO), Auction Agency Agreement (Tortoise Energy Infrastructure Corp), Auction Agency Agreement (Tortoise Energy Infrastructure Corp)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, upon any communication authorized hereby and upon any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed in good faith by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby which the Auction Agent reasonably believes in good faith to have been given by the Fund Trust or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund Trust or with the Broker-Dealers or with both.

Appears in 18 contracts

Samples: Auction Agency Agreement (Ing Clarion Real Estate Income Fund), Auction Agency Agreement (Ing Clarion Global Real Estate Income Fund), Auction Agency Agreement (Blackrock Global Floating Rate Income Trust)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, any communication authorized hereby and any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby which the Auction Agent reasonably believes in good faith to have been given by the Fund or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund or with the Broker-Dealers or with both.

Appears in 14 contracts

Samples: Auction Agency Agreement, Auction Agency Agreement (Real Estate Income Fund Inc), Form of Auction Agency Agreement (Prospect Street High Income Portfolio Inc)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, upon any communication authorized hereby by this Agreement and upon any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby by this Agreement which the Auction Agent reasonably believes in good faith to have been given by the Fund Trustee or by a Broker-DealerDealer or by their designated agents or representatives. The Auction Agent may record telephone communications with the Fund or with the Broker-Dealers or with bothsuch Persons.

Appears in 13 contracts

Samples: Broker Dealer Agreement (Nelnet Inc), Auction Agency Agreement (Nelnet Inc), Auction Agency Agreement (Nelnet Inc)

Rights of the Auction Agent. (a) The Auction Agent may rely conclusively rely upon, and shall be fully protected in acting or refraining from acting uponin accordance with, any communication authorized hereby by this Agreement and any proper written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuinegenuine and appropriately authorized. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby by this Agreement which the Auction Agent reasonably believes in good faith faith, after reasonable inquiry, to have been given by the Fund Company or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund Company or with the Broker-Dealers or with both.

Appears in 12 contracts

Samples: Auction Agency Agreement (Kayne Anderson MLP Investment CO), Auction Agency Agreement (Kayne Anderson MLP Investment CO), Auction Agency Agreement (Tortoise Energy Infrastructure Corp)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, upon any communication authorized hereby and upon any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed in good faith by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby which the Auction Agent reasonably believes in good faith to have been given by the Fund or by a any Broker-Dealer. The Auction Agent may record telephone communications with the Fund or with the any Broker-Dealers or with bothDealer.

Appears in 12 contracts

Samples: Auction Agency Agreement (Calamos Global Dynamic Income Fund), Nuveen Auction Agency Agreement (Nuveen Tax-Advantaged Dividend Growth Fund), Agency Agreement (Calamos Global Total Return Fund)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, any communication authorized hereby and any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication or by other electronic means acceptable to the parties authorized hereby which the Auction Agent reasonably believes in good faith to have been given by the Fund Company or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund Company or with the Broker-Dealers or with both.

Appears in 12 contracts

Samples: Auction Agent Agreement (Muniyield California Insured Fund Ii Inc), Auction Agent Agreement (Muniholdings Fund Inc), Auction Agent Agreement (Muniyield Quality Fund Ii Inc)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, any communication authorized hereby by this Agreement and any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby by this Agreement which the Auction Agent reasonably believes in good faith to have been given by the Fund or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund or with the Broker-Dealers or with both.

Appears in 11 contracts

Samples: Auction Agency Agreement (Pimco Corporate & Income Strategy Fund), Auction Agency Agreement (Pimco Municipal Income Fund Iii), Auction Agency Agreement (Pimco New York Municipal Income Fund Ii)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting uponin accordance with, any communication authorized hereby by this Agreement and any proper written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuinegenuine and appropriately authorized. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby by this Agreement which the Auction Agent reasonably believes in good faith faith, after reasonable inquiry, to have been given by the Fund Company or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund Company or with the Broker-Dealers or with both.

Appears in 10 contracts

Samples: Broker Dealer Agreement (Tortoise Energy Infrastructure Corp), Broker Dealer Agreement (Tortoise Energy Infrastructure Corp), Broker Dealer Agreement (Tortoise Energy Infrastructure Corp)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting uponin accordance with, any communication authorized hereby by this Agreement and any proper written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuinegenuine and appropriately authorized. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby by this Agreement which the Auction Agent reasonably believes in good faith faith, after reasonable inquiry, to have been given by the Fund Company or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund Company or with the Broker-Dealers or with both.

Appears in 10 contracts

Samples: Broker Dealer Agreement (Tortoise Energy Infrastructure Corp), Broker Dealer Agreement (Tortoise Energy Infrastructure Corp), Broker Dealer Agreement (Tortoise Energy Infrastructure Corp)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting uponin accordance with, any communication authorized hereby by this Agreement and any proper written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuinegenuine and appropriately authorized. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby by this Agreement which the Auction Agent reasonably believes in good faith to have been given by the Fund or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund or with the Broker-Dealers or with both, but agrees not to destroy any such recordings except in accordance with its usual and customary practices and further to provide the Fund with a copy of any such recording upon request.

Appears in 10 contracts

Samples: Auction Agency Agreement (Pimco Corporate & Income Opportunity Fund), Auction Agency Agreement (Blackrock Florida Municipal 2020 Term Trust), Auction Agency Agreement (PIMCO Floating Rate Strategy Fund)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, any communication authorized hereby and any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby which that the Auction Agent reasonably believes in good faith to have been given by the Fund or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund or with the Broker-Dealers or with both.

Appears in 8 contracts

Samples: Broker Dealer Agreement (RMR Dividend Capture Fund), Broker Dealer Agreement (RMR Preferred Dividend Fund), Broker Dealer Agreement (Neuberger Berman Dividend Advantage Fund Inc)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, upon any communication authorized hereby by this Agreement and upon any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby by this Agreement which the Auction Agent reasonably believes in good faith to have been given by the Fund Trustee or by a Broker-DealerDealer or by their designated agents or representatives. The Auction Agent may record telephone communications with the Fund or with the Broker-Dealers or with bothDealers.

Appears in 6 contracts

Samples: Broker Dealer Agreement (Nelnet Inc), Broker Dealer Agreement (Nelnet Inc), Broker Dealer Agreement (Nelnet Inc)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, upon any communication authorized hereby by this Broker-Dealer Agreement and upon any written instruction, notice, notice request, direction, consent, consent report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby by this Broker-Dealer Agreement which the Auction Agent reasonably believes in good faith to have been given by the Fund or by Trustee, a Broker-DealerDealer or the Corporation. The Auction Agent may record telephone communications with the Fund or with the Broker-Dealers or with bothDealers.

Appears in 5 contracts

Samples: Broker Dealer Agreement (Education Loans Inc /De), Broker Dealer Agreement (Education Loans Inc /De), Broker Dealer Agreement (Education Loans Inc /De)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, upon any communication authorized hereby by this Broker-Dealer Agreement and upon any written instruction, notice, notice request, direction, consent, consent report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby by this Broker-Dealer Agreement which the Auction Agent reasonably believes in good faith to have been given by the Fund or by Trustee, a Broker-DealerDealer or the Corporation. The Auction Agent may record telephone communications with the Fund or with the Broker-Dealers or with bothDealers.

Appears in 5 contracts

Samples: Broker Dealer Agreement (Education Loans Inc /De), Broker Dealer Agreement (Education Loans Inc /De), Broker Dealer Agreement (Education Loans Inc /De)

Rights of the Auction Agent. (a) The Auction Agent may rely conclusively rely upon, and shall be fully protected in acting or refraining from acting uponin accordance with, any communication authorized hereby by this Agreement and any proper written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuinegenuine and appropriately authorized. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby by this Agreement which the Auction Agent reasonably believes in good faith faith, after reasonable inquiry, to have been given by the Fund Company or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund Company or with the Broker-Dealers or with both.

Appears in 4 contracts

Samples: Auction Agency Agreement (Tortoise Energy Infrastructure Corp), Auction Agency Agreement (Tortoise Energy Infrastructure Corp), Auction Agency Agreement (Tortoise Energy Capital Corp)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, upon any communication authorized hereby and upon any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed in good faith by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby which the Auction Agent reasonably believes in good faith to have been given by the Fund Corporation or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund Corporation or with the Broker-Dealers or with both.

Appears in 4 contracts

Samples: Auction Agency Agreement (Gabelli Equity Trust Inc), Auction Agency Agreement (Gabelli Convertible & Income Securities Fund Inc), Auction Agency Agreement (Gabelli Global Multimedia Trust Inc)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, any communication authorized hereby by this Agreement and any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby by this Agreement which the Auction Agent reasonably believes in good faith to have been given by the Fund or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund or with the Broker-Dealers or with both.

Appears in 4 contracts

Samples: Auction Agency Agreement (Evergreen Managed Income Fund), Auction Agency Agreement (Investment Grade Municipal Income Fund), Auction Agency Agreement (Evergreen Utilities & High Income Fund)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, any communication authorized hereby and any proper written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby which the Auction Agent reasonably believes in good faith faith, after reasonable inquiry, to have been given by the Fund or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund or with the Broker-Dealers or with both.

Appears in 4 contracts

Samples: Broker Dealer Agreement (Duff & Phelps Utility & Corporate Bond Trust Inc), Broker Dealer Agreement (DNP Select Income Fund Inc), Broker Dealer Agreement (DNP Select Income Fund Inc)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, upon any communication authorized hereby by this Broker-Dealer Agreement and upon any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby by this Broker-Dealer Agreement which the Auction Agent reasonably believes in good faith to have been given by the Fund or by Trustee, a Broker-DealerDealer or the Corporation. The Auction Agent may record telephone communications with the Fund or with the Broker-Dealers or with bothDealers.

Appears in 4 contracts

Samples: Dealer Agreement (Nelnet Inc), Broker Dealer Agreement (Nelnet Inc), Dealer Agreement (Nelnet Inc)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, upon any communication authorized hereby and upon any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed in good faith by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby which the Auction Agent reasonably believes in good faith to have been given by the Fund or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund or with the Broker-Dealers or with both.

Appears in 4 contracts

Samples: Auction Agency Agreement (Flaherty & Crumrine/Claymore Total Return Fund Inc), Broker Dealer Agreement (F&c/Claymore Preferred Securities Income Fund Inc), Auction Agency Agreement (F&c/Claymore Preferred Securities Income Fund Inc)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, in reliance upon any communication authorized hereby and upon any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed in good faith by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting in reliance upon any telephone communication authorized hereby which the Auction Agent reasonably believes in good faith to have been given by the Fund Trust or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund Trust or with the Broker-Dealers or with both.

Appears in 4 contracts

Samples: Auction Agency Agreement, Auction Agency Agreement (Federated Premier Municipal Income Fund), Auction Agency Agreement (Federated Premier Intermediate Municipal Income Fund)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting uponin accordance with, any communication authorized hereby by this Agreement and any proper written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuinegenuine and appropriately authorized. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby by this Agreement which the Auction Agent reasonably believes in good faith faith, after reasonable inquiry, to have been given by the Fund or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund or with the Broker-Dealers or with both.

Appears in 3 contracts

Samples: Auction Agency Agreement (Lehman Brothers First Trust Income Opportunity Fund), Broker Dealer Agreement (First Trust/Four Corners Senior Floating Rate Income Fund), Auction Agency Agreement (First Trust/Four Corners Senior Floating Rate Income Fund)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, any communication authorized hereby and any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby which the Auction Agent reasonably believes in good faith to have been given by the Fund Trust or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund Trust or with the Broker-Dealers or with both.

Appears in 3 contracts

Samples: Auction Agency Agreement (Blackrock California Municipal Income Trust Ii), Auction Agency Agreement (Blackrock New York Municipal Income Trust Ii), Auction Agency Agreement (Blackrock Municipal Income Trust Ii)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, upon any communication authorized hereby and upon any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed in good faith by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby which the Auction Agent reasonably believes in good faith to have been given by the Fund or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund or with the Broker-Dealers or with both.

Appears in 3 contracts

Samples: Auction Agency Agreement (Ts&w / Claymore Tax-Advantaged Balanced Fund), Auction Agency Agreement (Advent Claymore Convertible Securities & Income Fund), Auction Agency Agreement (Dreman Claymore Dividend & Income Fund)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, any communication authorized hereby and any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby which the Auction Agent reasonably believes in good faith to have been given by the Fund Trust or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund Trust or with the Broker-Dealers or with both.

Appears in 3 contracts

Samples: Auction Agent Agreement (Kemper Strategic Municipal Income Trust), Auction Agency Agreement (Ing Prime Rate Trust), Auction Agency Agreement (Ing Prime Rate Trust)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, upon any communication authorized hereby by this Agreement and upon any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby by this Agreement which the Auction Agent reasonably believes in good faith to have been given by the Fund Trustee or by a Broker-DealerDealer or by their designated agents or representatives. The Auction Agent may record telephone communications with the Fund or with the Broker-Dealers or with bothDealers.

Appears in 3 contracts

Samples: Broker Dealer Agreement (Pheaa Student Loan Trust I), Broker Dealer Agreement (SLC Student Loan Receivables I Inc), Broker Dealer Agreement (Pheaa Student Loan Foundation Inc)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, upon any communication authorized hereby and upon any written instruction, notice, request, direction, consent, report, certificate, share form of bond certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby which the Auction Agent reasonably believes in good faith to have been given by the Fund Indenture Trustee, the Issuer, the Administrator or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund Indenture Trustee or with the Broker-Dealers or with both.

Appears in 2 contracts

Samples: Auction Agent Agreement (Classnotes Inc), Auction Agent Agreement (Classnotes Inc)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, any communication authorized hereby and any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication or by other electronic means acceptable to the parties authorized hereby which the Auction Agent reasonably believes in good faith to have been given by the Fund Trust or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund Trust or with the Broker-Dealers or with both.

Appears in 2 contracts

Samples: Auction Agent Agreement (Muniyield Florida Insured Fund /Nj/), Auction Agent Agreement (Muniyield Pennsylvania Fund)

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Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, upon any communication authorized hereby by this Agreement and upon any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby by this Agreement which the Auction Agent reasonably believes in good faith to have been given by the Fund Trustee or by a Broker-DealerDealer or by their designated agents or representatives. The Auction Agent may record telephone communications with the Fund or with the Broker-Dealers or with bothDealers.

Appears in 2 contracts

Samples: Broker Dealer Agreement (Collegiate Funding Services Inc), Broker Dealer Agreement (Gmac Elf LLC)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, any communication authorized hereby and any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication communication, Electronic Means or other means reasonably acceptable to the parties authorized hereby which the Auction Agent reasonably believes in good faith to have been given by the Fund or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund or with the Broker-Dealers or with both.

Appears in 2 contracts

Samples: Auction Agency Agreement (RMR Asia Pacific Real Estate Fund), Auction Agency Agreement (RMR Real Estate Income Fund)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, upon any communication authorized hereby and upon any written instruction, notice, request, direction, consent, report, certificate, share bond certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby which the Auction Agent reasonably believes in good faith to have been given by the Fund or by Trustee, a Broker-Dealer, the Issuer or the Securities Depository. The Auction Agent may record telephone communications with the Fund Trustee or with the Broker-Dealers or with both.

Appears in 2 contracts

Samples: Auction Agency Agreement (Pheaa Student Loan Foundation Inc), Auction Agency Agreement (SLC Student Loan Receivables I Inc)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, any communication authorized hereby and any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication communication, Electronic Means or other means reasonably acceptable to the parties authorized hereby which that the Auction Agent reasonably believes in good faith to have been given by the Fund or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund or with the Broker-Dealers or with both.

Appears in 2 contracts

Samples: Broker Dealer Agreement (RMR Asia Pacific Real Estate Fund), Broker Dealer Agreement (RMR Real Estate Income Fund)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, upon any communication authorized hereby and upon any written instruction, notice, request, direction, consent, report, certificate, share security certificate or other instrument, paper or document or communication reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication made by telephone, Electronic Means or other means acceptable to the parties and authorized hereby which the Auction Agent reasonably believes in good faith (or has no reason not to believe) to have been given by the Fund or by Fund, a Broker-DealerDealer or the Securities Depository. The Auction Agent may record telephone communications with the Fund or with the Broker-Dealers or with bothany one or more of them.

Appears in 2 contracts

Samples: Auction Agreement (Cohen & Steers Global Income Builder, Inc), Auction Agreement (Advent/Claymore Global Convertible Securities & Income Fund)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting uponin accordance with, any communication authorized hereby by this Agreement and any proper written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuinegenuine and appropriately authorized. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby by this Agreement which the Auction Agent reasonably believes in good faith faith, after reasonable inquiry, to have been given by the Fund or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund or with the Broker-Dealers or with both.

Appears in 2 contracts

Samples: Auction Agency Agreement (First Trust Tax-Advantaged Preferred Income Fund), Auction Agency Agreement (First Trust Four Corners Senior Floating Rate Income Fund Ii)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, upon any communication authorized hereby by this Broker-Dealer Agreement and upon any written instruction, notice, notice request, direction, consent, consent report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby by this Broker-Dealer Agreement which the Auction Agent reasonably believes in good faith to have been given by the Fund or by Indenture Trustee, a Broker-Dealer, the Administrator or the Issuer. The Auction Agent may record telephone communications with the Fund or with the Broker-Dealers or with bothDealers.

Appears in 1 contract

Samples: Broker Dealer Agreement (Classnotes Inc)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, any communication authorized hereby and upon any such written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or other document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting in good faith upon any such communication made by telephone or other electronic communication authorized hereby acceptable to the parties which the Auction Agent reasonably believes in good faith to have been given by the Fund particular party or parties. To the extent permitted by a Broker-Dealer. The law, the Auction Agent may record telephone communications with the Fund or with Company, the Trustee and the Broker-Dealers or Dealers, and each of such parties may record telephone communications with boththe Auction Agent.

Appears in 1 contract

Samples: Auction Agreement (Chugach Electric Association Inc)

Rights of the Auction Agent. (a) The Auction Agent may rely conclusively rely upon, and shall be fully protected in acting or refraining from acting uponin accordance with, any communication authorized hereby by this Agreement and any proper written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuinegenuine and appropriately authorized. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby by this Agreement which the Auction Agent reasonably believes in good faith faith, after reasonable inquiry, to have been given by the Fund or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund or with the Broker-Dealers or with both.

Appears in 1 contract

Samples: Auction Agency Agreement (Energy Income & Growth Fund)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, upon and shall be fully protected in acting or refraining from acting upon, in accordance with any communication authorized hereby by this Agreement and in accordance with any written instructioninformation, notice, request, directiondirections, consent, report, certificate, share certificate or other any instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby by this Agreement which the Auction Agent believes reasonably believes and in good faith to have been given by a duly authorized agent of the Fund Company or by a the Broker-Dealer. The Auction Agent may record telephone communications with the Fund or with the Broker-Dealers or with bothDealers.

Appears in 1 contract

Samples: Broker Dealer Agreement (International Lease Finance Corp)

Rights of the Auction Agent. (a) The a)The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, upon any communication authorized hereby and upon any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed in good faith by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby which the Auction Agent reasonably believes in good faith to have been given by the Fund or by a any Broker-Dealer. The Auction Agent may record telephone communications with the Fund or with the any Broker-Dealers Dealer or with both.

Appears in 1 contract

Samples: Auction Agency Agreement (Alliance National Municipal Income Fund)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, upon any communication authorized hereby and upon any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed in good faith by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby by this Agreement which the Auction Agent reasonably believes in good faith to have been given by the Fund Fund, by the Adviser or by a Broker-Broker- Dealer. The Auction Agent may record telephone communications with the Fund or with the Broker-Dealers or with bothDealers.

Appears in 1 contract

Samples: Broker Dealer Agreement (Alliance National Municipal Income Fund)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, any communication authorized hereby and any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed in good faith by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby which the Auction Agent reasonably believes in good faith to have been given by the Fund Trust or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund Trust or with the Broker-Dealers or with both.

Appears in 1 contract

Samples: Auction Agent Agreement (MFS Municipal Income Trust)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting uponin accordance with, any communication authorized hereby by this Agreement and any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuinegenuine and appropriately authorized. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby by this Agreement which the Auction Agent reasonably believes in good faith to have been given by the Fund or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund or with the Broker-Dealers or with both, but agrees not to destroy any such recordings except in accordance with its usual and customary practices and further to provide the Fund with a copy of any such recording upon request.

Appears in 1 contract

Samples: Auction Agency Agreement (Nicholas Applegate Convertible & Income Fund)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, upon any communication authorized hereby and upon any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed be- Draft February 24, 1992 __:__ PM lieved by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby which the Auction Agent reasonably believes in good faith to have been given by the Fund or by a any Broker-Dealer. The Auction Agent may record telephone communications with the Fund or with the any Broker-Dealers or with bothDealer.

Appears in 1 contract

Samples: Auction Agency Agreement (Van Kampen Trust for Investment Grade Municipals)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, upon any communication authorized hereby and upon any written instruction, notice, request, direction, consent, report, certificate, share bond certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby which the Auction Agent reasonably believes in good faith to have been given by the Fund or by Trustee, a Broker-Dealer, the Issuer or the Depository. The Auction Agent may record telephone communications with the Fund Trustee or with the Broker-Dealers or with both.

Appears in 1 contract

Samples: Auction Agent Agreement (Gmac Elf LLC)

Rights of the Auction Agent. (a) The Auction Agent may rely conclusively rely upon, and shall be fully protected in acting or refraining from acting uponin accordance with, any communication authorized hereby by this Agreement and any proper written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuinegenuine and appropriately authorized. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby by this Agreement which the Auction Agent reasonably believes in good faith faith, after reasonable inquiry, to have been given by the Fund or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund or with the Broker-Dealers or with both.

Appears in 1 contract

Samples: Broker Dealer Agreement (Energy Income & Growth Fund)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, upon any communication authorized hereby and upon any written instruction, notice, request, direction, consent, report, certificate, share bond certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby which the Auction Agent reasonably believes in good faith to have been given by the Fund or by Trustee, a Broker-Dealer, the Issuer or the Securities Depository. The Auction Agent may record telephone communications with the Fund Issuer, the Trustee or with the Broker-Dealers or with bothall or some of them.

Appears in 1 contract

Samples: Auction Agent Agreement (Pheaa Student Loan Trust I)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, upon any communication authorized hereby and upon any written instruction, notice, request, direction, consent, report, certificate, share bond certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication or other electronic communication acceptable to the parties authorized hereby which the Auction Agent reasonably believes in good faith to have been given by the Fund or by Indenture Trustee, a Broker-Dealer, the Issuer or the Clearing Agency. The Auction Agent may record telephone communications with the Fund Indenture Trustee or with the Broker-Dealers or with both.

Appears in 1 contract

Samples: Auction Agent Agreement (SLM Student Loan Trust 2006-7)

Rights of the Auction Agent. (a) The Auction Agent may conclusively rely upon, and shall be fully protected in acting or refraining from acting upon, upon any communication authorized hereby by this Broker-Dealer Agreement and upon any written instruction, notice, request, direction, consent, consent report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting or refraining from acting upon any telephone communication authorized hereby by this Broker-Dealer Agreement which the Auction Agent reasonably believes in good faith to have been given by the Fund or by a Broker-Dealer. The Auction Agent may record telephone communications with the Fund or with Broker-Dealer, and the Broker-Dealers or Dealer may record telephone communications with boththe Auction Agent.

Appears in 1 contract

Samples: Broker Dealer Agreement (Wachovia Asset Securitization Inc 2003-He2 Trust)

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