Common use of Rights of the Auction Agent Clause in Contracts

Rights of the Auction Agent. (a) The Auction Agent may rely upon, and shall be protected in acting or refraining from acting upon, any communication authorized 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 upon any telephone communication authorized by this Agreement which the Auction Agent reasonably believes in good faith to have been given by the Trust or by BD. The Auction Agent may record telephone communications with BD. (b) The Auction Agent may consult with counsel of its own choice, and the advice of such counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith and in reliance thereon. (c) The Auction Agent shall not be required to advance, expend or risk its own funds or otherwise incur or become exposed to financial liability in the performance of its duties hereunder. (d) The Auction Agent may perform its duties and exercise its rights hereunder either directly or by or through agents or attorneys.

Appears in 14 contracts

Samples: Auction Agency Agreement (Ing Prime Rate Trust), Broker Dealer Agreement (Blackrock California Municipal Income Trust Ii), Broker Dealer Agreement (Ing Prime Rate Trust)

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Rights of the Auction Agent. (a) The Auction Agent may rely upon, and shall be protected in acting or refraining from acting upon, any communication authorized 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 upon any telephone communication authorized by this Agreement which the Auction Agent reasonably believes in good faith to have been given by the Trust Fund or by BD. The Auction Agent may record telephone communications with BDthe Fund or with BD or with both. (b) The Auction Agent may consult with counsel of its own choice, and the advice of such counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith and in reasonable reliance thereon. (c) The Auction Agent shall not be required to advance, expend or risk its own funds or otherwise incur or become exposed to financial liability in the performance of its duties hereunder. (d) The Auction Agent may perform its duties and exercise its rights hereunder either directly or by or through agents or attorneys.

Appears in 14 contracts

Samples: Broker Dealer Agreement (Blackrock Municipal 2020 Term Trust), Broker Dealer Agreement (Blackrock Florida Municipal 2020 Term Trust), Broker Dealer Agreement (Nicholas Applegate Convertible & Income Fund Ii)

Rights of the Auction Agent. (a) The Auction Agent may rely upon, and shall be protected in acting or refraining from acting upon, any communication authorized 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 upon any telephone communication authorized by this Agreement which the Auction Agent reasonably believes in good faith to have been given by the Trust Fund or by BDa Broker-Dealer. The Auction Agent may record telephone communications with BDthe Fund or with the Broker-Dealers or with both. (b) The Auction Agent may consult with counsel of its own choice, and the written advice of such counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith and in reasonable reliance thereon. (c) The Auction Agent shall not be required to advance, expend or risk its own funds or otherwise incur or become exposed to financial liability in the performance of its duties hereunder. (d) The Auction Agent may perform its duties and exercise its rights hereunder either directly or by or through agents or attorneys.

Appears in 11 contracts

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

Rights of the Auction Agent. (a) The Auction Agent may rely upon, and shall be protected in acting or refraining from acting upon, upon any communication authorized by this Agreement 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 upon any telephone communication authorized by this Agreement hereby which the Auction Agent reasonably believes in good faith to have been given by the Trust Fund or by BDa Broker-Dealer. The Auction Agent may record telephone communications with BDthe Fund or with the Broker-Dealers or both. (b) The Auction Agent may consult with counsel of its own choice, choice and the advice of such counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith and in reliance thereon. (c) The Auction Agent shall not be required to advance, expend or risk its own funds or otherwise incur or become exposed to financial liability in the performance of its duties hereunder. (d) The Auction Agent may perform its duties and exercise its rights hereunder either directly or by or through agents or attorneysattorneys and shall not be responsible for any misconduct or negligence on the part of any agent or attorney appointed by it with due care hereunder.

Appears in 10 contracts

Samples: Auction Agency Agreement (Nuveen Premium Income Municipal Fund 4 Inc), Auction Agency Agreement (Nuveen Georgia Dividend Advantage Municipal Fund 2), Auction Agency Agreement (Nuveen New York Select Quality Municipal Fund Inc)

Rights of the Auction Agent. (a) The Auction Agent may rely upon, and shall be protected in acting or refraining from acting upon, any communication authorized by this Agreement 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 upon any telephone communication authorized by this Agreement hereby which the Auction Agent reasonably believes in good faith to have been given by the Trust Fund or by BDa Broker-Dealer. The Auction Agent may record telephone communications with BDthe Fund or with the Broker-Dealers or with both. (b) The Auction Agent may consult with counsel of its own choice, and the written advice of such counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith and in reasonable reliance thereon. (c) The Auction Agent shall not be required to advance, expend or risk its own funds or otherwise incur or become exposed to financial liability in the performance of its duties hereunder. (d) The Auction Agent may perform its duties and exercise its rights hereunder either directly or by or through agents or attorneys.

Appears in 8 contracts

Samples: Auction Agency Agreement, Auction Agency Agreement (Real Estate Income Fund Inc), Auction Agency Agreement (Scudder Rreef Real Estate Fund Inc)

Rights of the Auction Agent. (a) The Auction Agent may rely upon, and shall be protected in acting or refraining from acting upon, upon any communication authorized by this Agreement hereby 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 upon any telephone communication authorized by this Agreement hereby which the Auction Agent reasonably believes in good faith to have been given by the Trust Company or by BDa Broker-Dealer. The Auction Agent may record telephone communications with BDthe Company or with the Broker-Dealers or both. (b) The Auction Agent may consult with counsel of its own choice, and the written advice of such counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith and in reliance thereon. (c) The Auction Agent shall not be required to advance, expend or risk its own funds or otherwise incur or become exposed to financial liability in the performance of its duties hereunder. (d) The Auction Agent may perform its duties and exercise its rights hereunder either directly or by or through agents or attorneys.

Appears in 8 contracts

Samples: Auction Agent Agreement (Blackrock California Insured Municipal 2008 Term Trust Inc), Auction Agent Agreement (Blackrock Florida Insured Municipal 2008 Term Trust), Auction Agent Agreement (Muniyield Fund Inc)

Rights of the Auction Agent. (a) The Auction Agent may rely upon, and shall be protected in acting or refraining from acting upon, any communication authorized 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 upon any telephone communication authorized by this Agreement which the Auction Agent reasonably believes in good faith to have been given by the Trust Fund or by BD. The Auction Agent may record telephone communications with BD. (b) The Auction Agent may consult with counsel of its own choice, and the advice of such counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith and in reliance thereon. (c) The Auction Agent shall not be required to advance, expend or risk its own funds or otherwise incur or become exposed to financial liability in the performance of its duties hereunder. (d) The Auction Agent may perform its duties and exercise its rights hereunder either directly or by or through agents or attorneys.

Appears in 7 contracts

Samples: Broker Dealer Agreement (Prospect Street High Income Portfolio Inc), Broker Dealer Agreement (Cohen & Steers Advantage Income Fund Inc), Broker Dealer Agreement (Aim Select Real Estate Income Fund)

Rights of the Auction Agent. (a) The Auction Agent may rely upon, and shall be protected in acting or refraining from acting upon, upon any communication authorized 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 upon any telephone communication authorized by this Agreement which that the Auction Agent reasonably believes in good faith to have been given by the Trust Indenture Trustee, a Broker-Dealer or by BDthe Issuer. The Auction Agent may record telephone communications with BDthe Broker-Dealers. (b) The Auction Agent may consult with counsel of its own choice, and the advice of such counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith and in reliance thereon. (c) The Auction Agent shall not be required to advance, expend or risk its own funds or otherwise incur or become exposed to financial liability in the performance of its duties hereunder. (d) The Auction Agent may perform its duties and exercise its rights hereunder either directly or by or through agents or attorneysattorneys and shall not be responsible for any willful misconduct or negligence on the part of any agent or attorney appointed by it with due care hereunder.

Appears in 7 contracts

Samples: Broker Dealer Agreement (Education Capital I LLC), Broker Dealer Agreement (Education Capital I LLC), Broker Dealer Agreement (Education Capital I LLC)

Rights of the Auction Agent. (a) The Auction Agent may rely upon, and shall be protected in acting or refraining from acting upon, upon any communication authorized by this Agreement hereby 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 upon any telephone communication authorized by this Agreement hereby which the Auction Agent reasonably believes in good faith to have been given by the Trust Company or by BDthe Broker-Dealer. The Auction Agent may record telephone communications with BDthe Company or with the Broker-Dealer or both. (b) The Auction Agent may consult with counsel of its own choice, and the advice of such counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith and in reliance thereon. (c) The Auction Agent shall not be required to advance, expend or risk its own funds or otherwise incur or become exposed to financial liability in the performance of its duties hereunder. (d) The Auction Agent may perform its duties and exercise its rights hereunder either directly or by or through agents or attorneys.

Appears in 2 contracts

Samples: Broker Dealer Agreement (Prospect Street High Income Portfolio Inc), Auction Agent Agreement (Prospect Street High Income Portfolio Inc)

Rights of the Auction Agent. (a) The Auction Agent may rely upon, and shall be protected in acting or refraining from acting upon, upon any communication authorized by this Agreement hereby 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 upon any telephone communication authorized by this Agreement hereby which the Auction Agent reasonably believes in good faith to have been given by the Trust or by BDa Broker-Dealer. The Auction Agent may record telephone communications with BDthe Trust or with the Broker-Dealers or both. (b) The Auction Agent may consult with counsel of its own choice, and the written advice of such counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith and in reliance thereon. (c) The Auction Agent shall not be required to advance, expend or risk its own funds or otherwise incur or become exposed to financial liability in the performance of its duties hereunder. (d) . The Auction Agent may perform its duties and exercise its rights shall be under no liability for interest on any money received by it hereunder either directly or by or through agents or attorneysexcept as otherwise agreed in writing with the Trust.

Appears in 2 contracts

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

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Rights of the Auction Agent. (a) The Auction Agent may rely upon, and shall be protected in acting or refraining from acting upon, any communication authorized 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 upon any telephone communication authorized by this Agreement which the Auction Agent reasonably believes in good faith to have been given by the Trust Fund or by BDDEUTSCHE BANK. The Auction Agent may record telephone communications with BDDEUTSCHE BANK. (b) The Auction Agent may consult with counsel of its own choice, and the advice of such counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith and in reliance thereon. (c) The Auction Agent shall not be required to advance, expend or risk its own funds or otherwise incur or become exposed to financial liability in the performance of its duties hereunder. (d) The Auction Agent may perform its duties and exercise its rights hereunder either directly or by or through agents or attorneys.

Appears in 1 contract

Samples: Broker Dealer Agreement (Scudder Rreef Real Estate Fund Ii Inc)

Rights of the Auction Agent. (a) The Auction Agent may rely upon, and shall be protected in acting or refraining from acting upon, any communication authorized by this Agreement 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 upon any telephone communication authorized by this Agreement hereby which the Auction Agent reasonably believes in good faith to have been given by the Trust Fund or by BDa Broker-Dealer. The Auction Agent may record telephone communications with BDthe Fund or with the Broker-Dealers or with both. (b) The Auction Agent may consult with counsel of its own choice, and the written advice of such counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith and in reliance thereon. (c) The Auction Agent shall not be required to advance, expend or risk its own funds or otherwise incur or become exposed to financial liability in the performance of its duties hereunder. (d) The Auction Agent may perform its duties and exercise its rights hereunder either directly or by or through agents or attorneys.

Appears in 1 contract

Samples: Auction Agency Agreement (Managed Municipals Portfolio Inc)

Rights of the Auction Agent. (a) The Auction Agent may rely upon, and shall be protected in acting or refraining from acting upon, upon any communication authorized by this Agreement 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 upon any telephone communication authorized by this Agreement hereby which the Auction Agent reasonably believes in good faith to have been given by the Trust or by BDa Broker-Dealer. The Auction Agent may record telephone communications with BDthe Trust or with the Broker-Dealers or both. (b) The Auction Agent may consult with competent external counsel of its own choice, and the advice of such counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith and in reasonable reliance thereon. (c) The Auction Agent shall not be required to advance, expend or risk its own funds or otherwise incur or become exposed to financial liability in the performance of its duties hereunder. (d) The Auction Agent may perform its duties and exercise its rights hereunder either directly or by or through agents or attorneys.

Appears in 1 contract

Samples: Auction Agency Agreement (Aew Real Estate Income Fund)

Rights of the Auction Agent. (a) The Auction Agent may rely upon, and shall be protected in acting or refraining from acting upon, any communication authorized by this Agreement 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 upon any telephone communication authorized by this Agreement hereby which the Auction Agent reasonably believes in good faith to have been given by the Trust or by BDa Broker-Dealer. The Auction Agent may record telephone communications with BDthe Trust or with the Broker-Dealers or with both. (b) The Auction Agent may consult with counsel of its own choice, and the written advice of such counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith and in reasonable reliance thereon. (c) The Auction Agent shall not be required to advance, expend or risk its own funds or otherwise incur or become exposed to financial liability in the performance of its duties hereunder. (d) . The Auction Agent may perform its duties and exercise its rights shall be under no liability for interest on any money received by it hereunder either directly or by or through agents or attorneysexcept as otherwise agreed in writing with the Trust.

Appears in 1 contract

Samples: Auction Agent Agreement (Kemper Strategic Municipal Income Trust)

Rights of the Auction Agent. (a) The Auction Agent may rely upon, upon and shall be fully protected in acting or refraining from acting upon, upon any communication authorized by this Agreement 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 upon any telephone communication authorized by this Agreement hereby which the Auction Agent reasonably believes in good faith to have been given by the Trust or by BDa Broker-Dealer. The Auction Agent may record telephone communications with BDthe Trust or with the Broker-Dealers or with both. (b) The Auction Agent may consult with counsel of its own choice, choice and the advice of such counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith and in reasonable reliance thereon. (c) The Auction Agent shall not be required to advance, expend or risk its own funds or otherwise incur or become exposed to financial liability in the performance of its duties hereunder. (d) The Auction Agent may perform its duties and exercise its rights hereunder either directly or by or through agents or attorneys.

Appears in 1 contract

Samples: Auction Agency Agreement (Western Asset Premier Bond Fund)

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