Common use of The Depositary Clause in Contracts

The Depositary. (1) shall have no obligation to make payment for any tendered Shares unless the Company shall have provided the necessary funds to pay in full all amounts due and payable with respect thereto; (2) will be regarded as making no representations and having no responsibilities as to the validity, sufficiency, value or genuineness of any stock certificates or the Shares represented thereby deposited with the Depositary pursuant to the Repurchase Offer and will not be required and will make no representations as to the validity, value or genuineness of the Repurchase Offer; provided, however, Depositary shall advise the Company of any discrepancy between tendered Shares and stock registry. (3) shall arrange for insurance protecting the Company and itself against any liability arising out of non-receipt by shareholders of certificates sent by the Depositary; and (4) shall not at any time advise any person as to the wisdom of making any tender pursuant to the Repurchase Offer, the value of the Shares or as to any other financial or legal aspect of the Repurchase Offer or any transaction related thereto.

Appears in 7 contracts

Samples: Depositary Agreement (Diversified Real Asset Income Fund), Depositary Agreement (Nuveen Global High Income Fund), Depositary Agreement (Diversified Real Asset Income Fund)

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