ContractDepositary and Information Agent Agreement • June 20th, 2005 • Evergreen Utilities & High Income Fund • Massachusetts
Form of Depositary and Information Agent Agreement This Depositary and Information Agent Agreement is entered into as of this 17th day of June, 2005 by and between Evergreen Utilities and High Income Fund, a company organized and existing under the laws of the State of Delaware (the “Company”), EquiServe, Inc., a Delaware corporation and its fully owned subsidiary EquiServe Trust Company, N.A., national banking association (collectively, the “Depositary” or individually “EQI” and the “Trust Company”, respectively). WHEREAS, the Company is making a tender offer (hereinafter referred to, together with any amendment or extensions thereto, as the “Tender Offer”) to purchase 519,163 outstanding shares of Evergreen Utilities and High Income Fund Common Stock, no par value (the “Shares”), upon the terms and subject to the conditions set forth in the Offer to Purchase, dated June 20, 2005 (the “Offer to Purchase”), and in the related Letter of Transmittal (“Letter of Transmittal”), including t
