Common use of Lost Stock or Share Certificates Clause in Contracts

Lost Stock or Share Certificates. The Auction Agent shall issue and register replacement certificates for certificates represented to have been lost, stolen or destroyed upon the fulfillment of such requirements as shall be deemed appropriate by the Corporation and the Auction Agent, subject at all times to provisions of law, the By-Laws of the Corporation governing such matters and resolutions adopted by the Corporation with respect to lost securities. The Auction Agent shall not have any liability for loss incurred by the Corporation or by any other person as a result of the receipt or acceptance of fraudulent, forged or invalid certificates or securities (or certificates or securities which are otherwise not freely transferable or deliverable without encumbrance in any relevant market). The Auction Agent may issue new certificates in exchange for and upon the cancellation of mutilated certificates. Any request by the Corporation to the Auction Agent to issue a replacement or new certificate pursuant to this Section 4.4 shall be deemed to be a representation and warranty by the Corporation to the Auction Agent that such issuance will comply with such provisions of law and the By-Laws and resolutions of the Corporation.

Appears in 4 contracts

Samples: Auction Agency Agreement (Gabelli Equity Trust Inc), Auction Agency Agreement (Gabelli Global Multimedia Trust Inc), Auction Agency Agreement (Gabelli Convertible & Income Securities Fund Inc)

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Lost Stock or Share Certificates. The Auction Agent shall issue and register replacement certificates for certificates represented to have been lost, stolen or destroyed upon the fulfillment of such requirements as shall be deemed appropriate by the Corporation Trust and the Auction Agent, subject at all times to provisions of law, the By-Laws of the Corporation Trust governing such matters and resolutions adopted by the Corporation Trust with respect to lost securities. The Auction Agent shall not have any liability for loss incurred by the Corporation Trust or by any other person as a result of the receipt or acceptance of fraudulent, forged or invalid certificates or securities (or certificates or securities which are otherwise not freely transferable or deliverable without encumbrance in any relevant market). The Auction Agent may issue new certificates in exchange for and upon the cancellation of mutilated certificates. Any request by the Corporation Trust to the Auction Agent to issue a replacement or new certificate pursuant to this Section 4.4 shall be deemed to be a representation and warranty by the Corporation Trust to the Auction Agent that such issuance will comply with such provisions of law and the By-Laws and resolutions of the CorporationTrust.

Appears in 2 contracts

Samples: Auction Agency Agreement (Gabelli Dividend & Income Trust), Auction Agency Agreement (Gabelli Utility Trust)

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