Common use of Delaware Statutory Trust Clause in Contracts

Delaware Statutory Trust. A copy of the Certificate of Trust of the Trust is on file with the Secretary of State of Delaware, and notice is hereby given that this Certificate is executed on behalf of the Trust by an officer or trustee of the Trust in his or her capacity as an officer or trustee of the Trust and not individually and that the obligations of or arising out of this instrument are not binding upon any of the trustees, officers or shareholders individually but are binding only upon the assets and property of the Trust. [signatures on following pages] If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this instrument, along with all counterparts, will become a binding agreement among the Underwriters, the Trust, the Administrator and Investment Advisor in accordance with its terms. Very truly yours, XXXXXX UTILITY INCOME FUND By: Name: Title: ALPS Mutual Funds Services, Inc. By: Name: Title: X.X. XXXXXX & CO., INC. By: Name: Title: CONFIRMED AND ACCEPTED, as of the date first above written: XXXXXXX XXXXX & CO. XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED X.X. XXXXXXX & SONS, INC. BNY CAPITAL MARKETS, INC. By: Xxxxxxx Xxxxx & Co. Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated By: Authorized Signatory For itself and as Representative of the other Underwriters named in Schedule A hereto. 22 SCHEDULE A Name of Underwriter Number of AMPS Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated [ ] X. X. Xxxxxxx & Sons, Inc. [ ] BNY Capital Markets, Inc. [ ] Total 9,600 Sch A-1 SCHEDULE B Xxxxxx Utility Income Fund 3,200 Auction Market Preferred Shares, Series M7 3,200 Auction Market Preferred Shares, Series F7 3,200 Auction Market Preferred Shares, Series W28 Liquidation Preference $25,000 per share

Delaware Statutory Trust. A copy of the Certificate of Trust of the Trust is on file with the Secretary of State of Delaware, and notice is hereby given that this Certificate is executed on behalf of the Trust by an officer or trustee of the Trust in his or her capacity as an officer or trustee of the Trust and not individually and that the obligations of or arising out of this instrument are not binding upon any of the trustees, officers or shareholders individually but are binding only upon the assets and property of the Trust. [signatures on following pages] If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this instrument, along with all counterparts, will become a binding agreement among the Underwriters, the Trust, the Administrator and the Investment Advisor Adviser in accordance with its terms. Very truly yours, XXXXXX UTILITY INCOME GLOBAL EQUITY FUND By: Name: Title: ALPS Mutual Funds ServicesMUTUAL FUNDS SERVICES, Inc. INC. By: Name: Title: X.X. XXXXXX & CO., INC. CAPITAL PARTNERS L.P. By: Name: Title: CONFIRMED AND ACCEPTED, as of the date first above written: XXXXXXX XXXXX & CO. XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED X.X. XXXXXXX BB&T CAPITAL MARKETS, A DIVISION OF XXXXX & SONSXXXXXXXXXXXX, INC. BNY CAPITAL MARKETSXXXXXX X. XXXXX & CO. INCORPORATED XXXXXX, XXXXX XXXXX, INCORPORATED XXXXXX XXXXXX & COMPANY, INC. XXXXXXXXXXX & CO. INC. XXXXXXX XXXXX & ASSOCIATES, INC. XXXXXX, XXXXXXXX & COMPANY, INCORPORATED WEDBUSH XXXXXX SECURITIES INC. By: Xxxxxxx Xxxxx XXXXXXX LYNCH, PIERCE, XXXXXX & Co. Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated XXXXX INCORPORATED By: Authorized Signatory For itself themselves and as Representative Representatives of the other Underwriters named in Schedule A hereto. 22 SCHEDULE A Name of Underwriter Number of AMPS Initial Securities Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated [ ] X. X. Xxxxxxx BB&T Capital Markets, a division of Xxxxx & SonsXxxxxxxxxxxx, Inc. [ ] BNY Capital MarketsXxxxxx X. Xxxxx & Co. Incorporated [ ] Xxxxxx, Xxxxx Xxxxx, Incorporated [ ] Xxxxxx Xxxxxx & Company, Inc. [ ] Xxxxxxxxxxx & Co. Inc. [ ] Xxxxxxx Xxxxx & Associates, Inc. [ ] Xxxxxx, Xxxxxxxx & Company, Incorporated [ ] Wedbush Xxxxxx Securities Inc. [ ] [other underwriters] [ ] Total 9,600 Sch A-1 [ ] SCHEDULE B Xxxxxx Utility Income Global Equity Fund 3,200 Auction Market Preferred Shares, Series M7 3,200 Auction Market Preferred Shares, Series F7 3,200 Auction Market Preferred Shares, Series W28 Liquidation Preference $25,000 per share[ ] Common Shares of Beneficial Interest (No Par Value)

Delaware Statutory Trust. A copy of the Certificate of Trust of the Trust is on file with the Secretary of State of Delaware, and notice is hereby given that this Certificate is executed on behalf of the Trust by an officer or trustee of the Trust in his or her capacity as an officer or trustee of the Trust and not individually and that the obligations of or arising out of this instrument are not binding upon any of the trustees, officers or shareholders individually but are binding only upon the assets and property of the Trust. [signatures on following pages] If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this instrument, along with all counterparts, will become a binding agreement among the Underwriters, the Trust, the Administrator and the Investment Advisor Adviser in accordance with its terms. Very truly yours, XXXXXX UTILITY INCOME GLOBAL OPPORTUNITIES FUND By: Name: Title: ALPS Mutual Funds ServicesMUTUAL FUNDS SERVICES, Inc. INC. By: Name: Title: X.X. XXXXXX & CO., INC. CAPITAL PARTNERS L.P. By: Name: Title: CONFIRMED AND ACCEPTED, as of the date first above written: XXXXXXX XXXXX & CO. XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED X.X. XXXXXXX & SONS, INC. BNY CAPITAL MARKETS, INC. [OTHER CO-MANAGERS] By: Xxxxxxx Xxxxx XXXXXXX LYNCH, PIERCE, XXXXXX & Co. Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated XXXXX INCORPORATED By: Authorized Signatory For itself themselves and as Representative Representatives of the other Underwriters named in Schedule A hereto. 22 23 SCHEDULE A Name of Underwriter Number of AMPS Initial Securities Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated [ ] X. X. Xxxxxxx & Sons, Inc. [Other Co-Managers] [ ] BNY Capital Markets, Inc. [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] Total 9,600 Sch A-1 SCHEDULE B [ ] Xxxxxx Utility Income Global Opportunities Fund 3,200 Auction Market Preferred Shares, Series M7 3,200 Auction Market Preferred Shares, Series F7 3,200 Auction Market Preferred Shares, Series W28 Liquidation Preference $25,000 per share[ ] Common Shares of Beneficial Interest (No Par Value)

Delaware Statutory Trust. A copy of the Certificate of Trust of the Trust is on file with the Secretary of State of Delaware, and notice is hereby given that this Certificate is executed on behalf of the Trust by an officer or trustee of the Trust in his or her capacity as an officer or trustee of the Trust and not individually and that the obligations of or arising out of this instrument are not binding upon any of the trustees, officers or shareholders individually but are binding only upon the assets and property of the Trust. [signatures on following pages] If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this instrument, along with all counterparts, will become a binding agreement among the Underwriters, the Trust, the Administrator and the Investment Advisor Adviser in accordance with its terms. Very truly yours, XXXXXX UTILITY INCOME GLOBAL ALLOCATION FUND By: Name: Title: ALPS Mutual Funds ServicesMUTUAL FUNDS SERVICES, Inc. INC. By: Name: Title: X.X. XXXXXX & CO., INC. CAPITAL PARTNERS L.P. By: Name: Title: CONFIRMED AND ACCEPTED, as of the date first above written: XXXXXXX XXXXX & CO. XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED X.X. XXXXXXX XXXXX & SONSASSOCIATES, INC. BB&T CAPITAL MARKETS, A DIVISION OF XXXXX & XXXXXXXXXXXX, INC. BNY CAPITAL MARKETS, INC. XXXXXX, XXXXX XXXXX, INCORPORATED XXXX XXXXX XXXX XXXXXX, INCORPORATED XXXXXXXXXXX & CO. INC. RBC CAPITAL MARKETS CORPORATION XXXXXX, XXXXXXXX & COMPANY, INCORPORATED By: Xxxxxxx Xxxxx XXXXXXX LYNCH, PIERCE, XXXXXX & Co. Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated XXXXX INCORPORATED By: Authorized Signatory For itself themselves and as Representative Representatives of the other Underwriters named in Schedule A hereto. 22 SCHEDULE A Name of Underwriter Number of AMPS Initial Securities Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated [ ] X. X. Xxxxxxx Xxxxx & SonsAssociates, Inc. [ ] BB&T Capital Markets, a division of Xxxxx & Xxxxxxxxxxxx, Inc. BNY Capital Markets, Inc. [ Xxxxxx, Xxxxx Xxxxx, Incorporated Xxxx Xxxxx Xxxx Xxxxxx, Incorporated Xxxxxxxxxxx & Co. Inc. RBC Capital Markets Corporation Xxxxxx, Xxxxxxxx & Company, Incorporated [other underwriters] Total 9,600 Sch A-1 SCHEDULE B Xxxxxx Utility Income Global Allocation Fund 3,200 Auction Market Preferred Shares, Series M7 3,200 Auction Market Preferred Shares, Series F7 3,200 Auction Market Preferred Shares, Series W28 Liquidation Preference $25,000 per shareCommon Shares of Beneficial Interest (No Par Value)

Delaware Statutory Trust. A copy of the Certificate of Trust of the Trust is on file with the Secretary of State of Delaware, and notice is hereby given that this Certificate is executed on behalf of the Trust by an officer or trustee of the Trust in his or her capacity as an officer or trustee of the Trust and not individually and that the obligations of or arising out of this instrument are not binding upon any of the trustees, officers or shareholders individually but are binding only upon the assets and property of the Trust. [signatures on following pages] If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this instrument, along with all counterparts, will become a binding agreement among the Underwriters, the Trust, the Administrator and Investment Advisor in accordance with its terms. Very truly yours, XXXXXX UTILITY INCOME FUND By: /s/ XXXXX X. XXXXXX Name: Xxxxx X. Xxxxxx Title: Secretary ALPS Mutual Funds ServicesMUTUAL FUNDS SERVICES, Inc. INC. By: /s/ XXXXXX X. MAY Name: Xxxxxx X. May Title: Senior Vice President X.X. XXXXXX & CO., INC. By: /s/ XXXXXXX X. XXXXXX Name: Xxxxxxx X. Xxxxxx Title: Chairman CONFIRMED AND ACCEPTED, as of the date first above written: XXXXXXX XXXXX & CO. XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED X.X. X. X. XXXXXXX & SONS, INC. RBC CAPITAL MARKETS CORPORATION WACHOVIA CAPITAL MARKETS, LLC ADVEST, INC. BB&T CAPITAL MARKETS, A DIVISION OF XXXXX & XXXXXXXXXXXX, INC. XXXXXX X. XXXXX & CO. INCORPORATED J.J.B. XXXXXXXX, X.X. XXXXX, INC. XXXXXX XXXXXXXXXX XXXXX LLC XXXXXXXX INVESTMENTS INC., A KEYCORP COMPANY XXXXXX XXXXXX & COMPANY, INC. BNY CAPITAL MARKETS, INC. By: Xxxxxxx Xxxxx XXXXXXX LYNCH, PIERCE, XXXXXX & Co. Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated XXXXX INCORPORATED By: /s/ XXXXX XXXXXX Authorized Signatory For itself themselves and as Representative Representatives of the other Underwriters named in Schedule A hereto. 22 SCHEDULE A Name of Underwriter Number of AMPS Initial Securities Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated [ ] 10,830,000 X. X. Xxxxxxx & Sons, Inc. [ ] 1,750,000 RBC Capital Markets Corporation 450,000 Wachovia Capital Markets, LLC 3,400,000 Advest, Inc. 200,000 BB&T Capital Markets, a division of Xxxxx & Xxxxxxxxxxxx, Inc. 200,000 Xxxxxx X. Xxxxx & Co. Incorporated 350,000 J.J.B. Xxxxxxxx, X.X. Xxxxx, Inc. 200,000 Xxxxxx Xxxxxxxxxx Xxxxx LLC 350,000 McDonald Investments Inc., a KeyCorp Company 200,000 Xxxxxx Xxxxxx & Company, Inc. 200,000 BNY Capital Markets, Inc. [ ] Total 9,600 200,000 Deutsche Bank Securities Inc. 85,000 Xxxxxx Xxxxxxx Corp. 85,000 Xxxxxxxxxxx & Co. Inc. 85,000 Xxxxx Xxxxxxx & Co. 85,000 Xxxxxxx Xxxxx & Company, L.L.C. 55,000 Xxxxxxx, Xxxxxx & Co. 55,000 X.X. Xxxxxxxx & Co. 55,000 Doft & Co., Inc. 55,000 Xxxxxx, Xxxxx Xxxxx, Incorporated 55,000 Xxxxxx/Hunter Incorporated 55,000 Quick & Xxxxxx, Inc. 55,000 Xxxxxxxx Inc. 55,000 Xxxxxx, Xxxxxxxx & Company, Incorporated 55,000 TD Waterhouse Investor Services, Inc. 55,000 Wedbush Xxxxxx Securities 55,000 Xxxxx Xxxxxx & Co., Inc. 25,000 X.X. Xxxxxxxxx, Towbin 25,000 CMG Institutional Trading, LLC 25,000 Chatsworth Securities LLC 25,000 Sch A-1 Xxxxxxxx & Xxxxxxxx LLC 25,000 First Southwest Company 25,000 Gilford Securities Incorporated 25,000 Xxxx Xxxxxx Investments, Inc. 25,000 Huntleigh Securities Corporation 25,000 Xxxxxxxx, Lemon & Co. Incorporated 25,000 LaSalle St. Securities, LLC 25,000 Maxim Group LLC 25,000 XxXxxx, Xxxxx & Co., Inc. 25,000 Mesirow Financial, Inc. 25,000 NatCity Investments, Inc. 25,000 National Securities Corporation 25,000 Xxxxxxx & Company, Inc. 25,000 Northeast Securities, Inc. 25,000 Xxxxx X. Xxxxx & Company 25,000 Nutmeg Securities, Ltd. 25,000 Xxxxx Capital Markets, Inc. 25,000 Xxxxxxx Investment Company, Inc. 25,000 Peacock, Hislop, Xxxxxx & Given, Inc. 25,000 Xxxxxxx Xxxxxx Xxxxxx Inc. 25,000 Sands Brothers & Co., Ltd. 25,000 Source Capital Group Inc. 25,000 Southwest Securities, Inc. 25,000 Sterling Financial Investment Group, Inc. 25,000 Xxxxxx Xxxxx Securities, Inc. 25,000 Total 20,000,000 Sch A-2 SCHEDULE B Xxxxxx Utility Income Fund 3,200 Auction Market Preferred Shares, Series M7 3,200 Auction Market Preferred Shares, Series F7 3,200 Auction Market Preferred Shares, Series W28 Liquidation Preference $25,000 per shareCommon Shares of Beneficial Interest (No Par Value)