Common use of Excess Sales Clause in Contracts

Excess Sales. If the number or amount of Contract Securities attributable to an Underwriter pursuant to Section 4.1 hereof would exceed such Underwriter’s Original Underwriting Obligation reduced by the number or amount of Underwriters’ Securities sold by or on behalf of such Underwriter, such excess will not be attributed to such Underwriter, and such Underwriter will be regarded as having acted only as a Dealer with respect to, and will receive only the concession to Dealers on, such excess.

Appears in 172 contracts

Samples: Master Agreement (Cohen & Steers Select Preferred & Income Fund, Inc.), Master Agreement (Gabelli Equity Trust Inc), Master Agreement (Nuveen High Income 2023 Target Term Fund)

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Excess Sales. If the number or amount of Contract Securities attributable to an Underwriter pursuant to Section 4.1 hereof would exceed such Underwriter’s 's Original Underwriting Purchase Obligation reduced by the number or amount of Underwriters' Securities sold by or on behalf of such Underwriter, such excess will shall not be attributed to such Underwriter, and such Underwriter will shall be regarded as having acted only as a Dealer with respect to, and will shall receive only the concession to Dealers on, such excess.

Appears in 48 contracts

Samples: Master Agreement (Prospect Street High Income Portfolio Inc), Master Agreement (Nuveen Equity Premium Opportunity Fund), Master Agreement (Cna Income Shares Inc)

Excess Sales. If the number or amount of Contract Securities attributable to an Underwriter pursuant to Section 4.1 hereof would exceed such Underwriter’s Original Underwriting Purchase Obligation reduced by the number or amount of Underwriters’ Securities sold by or on behalf of such Underwriter, such excess will shall not be attributed to such Underwriter, and such Underwriter will shall be regarded as having acted only as a Dealer with respect to, and will shall receive only the concession to Dealers on, such excess.

Appears in 14 contracts

Samples: Master Agreement (Nicholas-Applegate Equity & Convertible Income Fund), Master Agreement (Salomon Brothers Variable Rate Strategic Fund Inc.), Master Agreement (Seligman LaSalle International Real Estate Fund, Inc.)

Excess Sales. If the number or amount of Contract Securities attributable to an Underwriter pursuant to Section 4.1 hereof 4(a) would exceed such Underwriter’s 's Original Underwriting Purchase Obligation reduced by the number or amount of Underwriters' Securities sold by or on behalf of such Underwriter, such excess will shall not be attributed to such Underwriter, and such Underwriter will shall be regarded as having acted only as a Dealer with respect to, and will shall receive only the concession to Dealers on, such excess.

Appears in 6 contracts

Samples: Dividend Capital Realty Income Allocation Fund, Master Agreement (RMK High Income Fund Inc), Master Agreement (RMK Multi-Sector High Income Fund Inc)

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Excess Sales. If the number or amount of Contract Securities attributable to an Underwriter pursuant to Section 4.1 hereof would exceed such Underwriter’s 's Original Underwriting Obligation reduced by the number or amount of Underwriters' Securities sold by or on behalf of such Underwriter, such excess will not be attributed to such Underwriter, and such Underwriter will be regarded as having acted only as a Dealer with respect to, and will receive only the concession to Dealers on, such excess.

Appears in 4 contracts

Samples: Master Agreement (First Trust Energy Infrastructure Fund), Master Agreement (First Trust MLP & Energy Income Fund), Master Agreement (First Trust New Opportunities MLP & Energy Fund)

Excess Sales. If the number or amount of Contract Securities attributable to an Underwriter pursuant to Section 4.1 hereof 4(a) would exceed such Underwriter’s Original Underwriting Purchase Obligation reduced by the number or amount of Underwriters’ Securities sold by or on behalf of such Underwriter, such excess will shall not be attributed to such Underwriter, and such Underwriter will shall be regarded as having acted only as a Dealer with respect to, and will shall receive only the concession to Dealers on, such excess.

Appears in 3 contracts

Samples: Master Agreement (Seligman Premium Technology Growth Fund, Inc.), Master Agreement (Dividend Capital Strategic Global Realty Fund), Master Agreement (Western Asset Municipal Defined Opportunity Trust Inc.)

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