Common use of Not an Adviser; No Fiduciary Duty Clause in Contracts

Not an Adviser; No Fiduciary Duty. The Investment Manager acknowledges that you are not providing any advice hereunder as to the value of securities or regarding the advisability of purchasing or selling any securities for the Fund’s portfolio. No provision of this Agreement shall be considered as creating, nor shall any provision create, any obligation on the part of you, and you are not agreeing hereby, to: (i) furnish any advice or make any recommendations regarding the purchase or sale of portfolio securities; or (ii) render any opinions, valuations or recommendations of any kind or to perform any such similar services. The Investment Manager hereby acknowledges that your engagement under this Agreement is as an independent contractor and not in any other capacity, including as a fiduciary. Furthermore, the Investment Manager agrees that it is solely responsible for making its own judgment in connection with the matters covered by this Agreement (irrespective of whether you have advised or are currently advising the Investment Manager on related or other matters).

Appears in 59 contracts

Samples: Structuring Fee Agreement (Nuveen Variable Rate Preferred & Income Fund), Structuring Fee Agreement (Pioneer Municipal High Income Opportunities Fund, Inc.), Structuring Fee Agreement (Nuveen Core Plus Impact Fund)

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Not an Adviser; No Fiduciary Duty. The Investment Manager Adviser acknowledges that you are not providing any advice hereunder as to the value of securities or regarding the advisability of purchasing or selling any securities for the Fund’s portfolio. No provision of this Agreement shall be considered as creating, nor shall any provision create, any obligation on the part of you, and you are not agreeing hereby, to: (i) furnish any advice or make any recommendations regarding the purchase or sale of portfolio securities; or (ii) render any opinions, valuations or recommendations of any kind or to perform any such similar services. The Investment Manager Adviser hereby acknowledges that your engagement under this Agreement is as an independent contractor and not in any other capacity, including as a fiduciary. Furthermore, the Investment Manager Adviser agrees that it is solely responsible for making its own judgment in connection with the matters covered by this Agreement (irrespective of whether you have advised or are currently advising the Investment Manager Adviser on related or other matters).

Appears in 43 contracts

Samples: Structuring Fee Agreement (Cohen & Steers Real Estate Opportunities & Income Fund), Fee Agreement (Cohen & Steers Real Estate Opportunities & Income Fund), Structuring Fee Agreement (RiverNorth Managed Duration Municipal Income Fund II, Inc.)

Not an Adviser; No Fiduciary Duty. The Investment Manager Adviser acknowledges that you are not providing any advice hereunder as to the value of securities or regarding the advisability of purchasing or selling any securities for the Fund’s 's portfolio. No provision of this Agreement shall be considered as creating, nor shall any provision create, any obligation on the part of you, and you are not agreeing hereby, to: (i) furnish any advice or make any recommendations regarding the purchase or sale of portfolio securities; or (ii) render any opinions, valuations or recommendations of any kind or to perform any such similar services. The Investment Manager Adviser hereby acknowledges that your engagement under this Agreement is as an independent contractor and not in any other capacity, including as a fiduciary. Furthermore, the Investment Manager Adviser agrees that it is solely responsible for making its own judgment in connection with the matters covered by this Agreement (irrespective of whether you have advised or are currently advising the Investment Manager Adviser on related or other matters).

Appears in 11 contracts

Samples: Structuring Fee Agreement (Dreyfus Alcentra Global Credit Income 2024 Target Term Fund, Inc.), Fee Agreement (First Trust Senior Floating Rate 2022 Target Term Fund), Fee Agreement (First Trust Senior Floating Rate 2022 Target Term Fund)

Not an Adviser; No Fiduciary Duty. The Investment Manager acknowledges Advisers acknowledge that you are not providing any advice hereunder as to the value of securities or regarding the advisability of purchasing or selling any securities for the Fund’s 's portfolio. No provision of this Agreement shall be considered as creating, nor shall any provision create, any obligation on the part of you, and you are not agreeing hereby, to: (i) furnish any advice or make any recommendations regarding the purchase or sale of portfolio securities; or (ii) render any opinions, valuations or recommendations of any kind or to perform any such similar services. The Investment Manager Advisers hereby acknowledges acknowledge that your engagement under this Agreement is as an independent contractor and not in any other capacity, including as a fiduciary. Furthermore, the Investment Manager each Adviser agrees that it is solely responsible for making its own judgment in connection with the matters covered by this Agreement (irrespective of whether you have advised or are currently advising the Investment Manager Advisers on related or other matters).

Appears in 6 contracts

Samples: Fee Agreement (First Trust Dynamic Europe Equity Income Fund), Fee Agreement (First Trust Dynamic Europe Equity Income Fund), Fee Agreement (First Trust Dynamic Europe Equity Income Fund)

Not an Adviser; No Fiduciary Duty. The Investment Manager acknowledges that you are not providing any advice hereunder as to the value of securities or regarding the advisability of purchasing or selling any securities for the Fund’s portfolio. No provision of this Agreement shall be considered as creating, nor shall any provision create, any obligation on the part of you, and you are not agreeing hereby, to: (i) furnish any advice or make any recommendations regarding the purchase or sale of portfolio securities; or (ii) render any opinions, valuations or recommendations of any kind or to perform any such similar services. The Investment Manager hereby acknowledges that your engagement under this Agreement is as an independent contractor and not in any other capacity, including as a fiduciary. Furthermore, the Investment Manager agrees that it is solely responsible for making its own judgment in connection with the matters covered by this Agreement (irrespective of whether you have advised or are currently advising the Investment Manager on related or other matters).

Appears in 2 contracts

Samples: Structuring Fee Agreement (Prudential Global Short Duration High Yield Fund, Inc.), Structuring Fee Agreement (Babson Capital Global Short Duration High Yield Fund)

Not an Adviser; No Fiduciary Duty. The Investment Manager Adviser acknowledges that you are not providing any advice hereunder as to the value of securities or regarding the advisability of purchasing or selling any securities for the Fund’s portfolio. No provision of this Agreement shall be considered as creating, nor shall any provision create, any obligation on the part of you, and you are not agreeing hereby, to: (i) furnish any advice or make any recommendations regarding the purchase or sale of portfolio securities; or (ii) render any opinions, valuations or recommendations of any kind or to perform any such similar services. The Investment Manager Adviser hereby acknowledges that your engagement under this Agreement is as an independent contractor and not in any other capacity, including as a fiduciary. Furthermore, the Investment Manager Adviser agrees that it is solely responsible for making its own judgment in connection with the matters covered by this Agreement (irrespective of whether you have advised or are currently advising the Investment Manager Adviser on related or other matters).

Appears in 2 contracts

Samples: Structuring Fee Agreement (Guggenheim Credit Allocation Fund), Structuring Fee Agreement (Brookfield Mortgage Opportunity Income Fund Inc.)

Not an Adviser; No Fiduciary Duty. The Investment Manager acknowledges Advisers acknowledge that you are not providing any advice hereunder as to the value of securities or regarding the advisability of purchasing or selling any securities for the Fund’s 's portfolio. No provision of this Agreement shall be considered as creating, nor shall any provision create, any obligation on the part of you, and you are not agreeing hereby, to: (i) furnish any advice or make any recommendations regarding the purchase or sale of portfolio securities; or (ii) render any opinions, valuations or recommendations of any kind or to perform any such similar services. The Investment Manager Advisers hereby acknowledges acknowledge that your engagement under this Agreement is as an independent contractor and not in any other capacity, including as a fiduciary. Furthermore, the Investment Manager agrees Advisers agree that it is they are solely responsible for making its their own judgment judgments in connection with the matters covered by this Agreement (irrespective of whether you have advised or are currently advising the Investment Manager Advisers on related or other matters).

Appears in 1 contract

Samples: Structuring Fee Agreement (First Trust High Income Long/Short Fund)

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Not an Adviser; No Fiduciary Duty. The Investment Manager acknowledges Companies acknowledge that you are not providing any advice hereunder as to the value of securities or regarding the advisability of purchasing or selling any securities for the Fund’s portfolio. No provision of this Agreement shall be considered as creating, nor shall any provision create, any obligation on the part of you, and you are not agreeing hereby, to: (i) furnish any advice or make any recommendations regarding the purchase or sale of portfolio securities; or (ii) render any opinions, valuations or recommendations of any kind or to perform any such similar services. The Investment Manager Companies hereby acknowledges acknowledge that your engagement under this Agreement is as an independent contractor and not in any other capacity, including as a fiduciary. Furthermore, the Investment Manager agrees Companies agree that it is solely responsible for making its own judgment in connection with the matters covered by this Agreement (irrespective of whether you have advised or are currently advising the Investment Manager Companies on related or other matters).

Appears in 1 contract

Samples: Fee Agreement (MainStay CBRE Global Infrastructure Megatrends Fund)

Not an Adviser; No Fiduciary Duty. The Investment Manager acknowledges Advisers acknowledge that you are not providing any advice hereunder as to the value of securities or regarding the advisability of purchasing or selling any securities for the Fund’s portfolio. No provision of this Agreement shall be considered as creating, nor shall any provision create, any obligation on the part of you, and you are not agreeing hereby, to: (i) furnish any advice or make any recommendations regarding the purchase or sale of portfolio securities; or (ii) render any opinions, valuations or recommendations of any kind or to perform any such similar services. The Investment Manager Advisers hereby acknowledges acknowledge that your engagement under this Agreement is as an independent contractor and not in any other capacity, including as a fiduciary. Furthermore, the Investment Manager agrees Advisers agree that it is they are solely responsible for making its their own judgment judgments in connection with the matters covered by this Agreement (irrespective of whether you have advised or are currently advising either of the Investment Manager Advisers on related or other matters).

Appears in 1 contract

Samples: Underwriting Agreement (MainStay DefinedTerm Municipal Opportunities Fund)

Not an Adviser; No Fiduciary Duty. The Investment Manager acknowledges that you are not providing any advice hereunder as to the value of securities or regarding the advisability of purchasing or selling any securities for the Fund’s portfolio. No provision of this Agreement shall be considered as creating, nor shall any provision create, any obligation on the part of you, and you are not agreeing hereby, to: (i) furnish any advice or make any recommendations regarding the purchase or sale of portfolio securities; or (ii) render any opinions, valuations or recommendations of any kind or to perform any such similar services. The Investment Manager and hereby acknowledges that your engagement under this Agreement is as an independent contractor and not in any other capacity, including as a fiduciary. Furthermore, the Investment Manager agrees that it is solely responsible for making its own judgment in connection with the matters covered by this Agreement (irrespective of whether you have advised or are currently advising the Investment Manager on related or other matters).

Appears in 1 contract

Samples: Structuring Fee Agreement (Duff & Phelps Select Energy MLP Fund Inc.)

Not an Adviser; No Fiduciary Duty. The Investment Manager acknowledges Advisers acknowledge that you are not providing any advice hereunder as to the value of securities or regarding the advisability of purchasing or selling any securities for the Fund’s portfolio. No provision of this Agreement shall be considered as creating, nor shall any provision create, any obligation on the part of you, and you are not agreeing hereby, to: (i) furnish any advice or make any recommendations regarding the purchase or sale of portfolio securities; or (ii) render any opinions, valuations or recommendations of any kind or to perform any such similar services. The Investment Manager Advisers hereby acknowledges acknowledge that your engagement under this Agreement is as an independent contractor and not in any other capacity, including as a fiduciary. Furthermore, the Investment Manager agrees Advisers agree that it is they are solely responsible for making its their own judgment in connection with the matters covered by this Agreement (irrespective of whether you have advised or are currently advising the Investment Manager Advisers on related or other matters).

Appears in 1 contract

Samples: Structuring Fee Agreement (Rivernorth Opportunities Fund, Inc.)

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