Common use of Representations and Warranties by the Fund and the Advisers Clause in Contracts

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers jointly and severally represent and warrant to each Underwriter as of the date hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:

Appears in 16 contracts

Samples: Purchase Agreement (ING Global Advantage & Premium Opportunity Fund), Purchase Agreement (Neuberger Berman Intermediate Municipal Fund Inc), Purchase Agreement (Neuberger Berman California Intermediate Municipal Fund Inc)

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Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers jointly and severally represent and warrant to each Underwriter as of the date hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:

Appears in 9 contracts

Samples: Purchase Agreement (Neuberger Berman New York Intermediate Municipal Fund Inc), Purchase Agreement (Neuberger Berman Intermediate Municipal Fund Inc), Management Agreement (First Trust Four Corners Senior Floating Rate Income Fund Ii)

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers Advisers, jointly and severally severally, represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Time Date referred to in Section 2(c) hereof, and as of each Option Closing Date of Delivery (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:

Appears in 9 contracts

Samples: Underwriting Agreement (Eagle Growth & Income Opportunities Fund), Underwriting Agreement (Rivernorth Opportunities Fund, Inc.), Underwriting Agreement (THL Credit Senior Loan Fund)

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers jointly and severally represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:

Appears in 8 contracts

Samples: Underwriting Agreement (Nuveen Intermediate Duration Quality Municipal Term Fund), Purchase Agreement (Advent/Claymore Global Convertible Securities & Income Fund), Underwriting Agreement (Nuveen Ohio Dividend Advantage Municipal Fund 3)

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers jointly and severally represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time, the Closing Time referred to in Section 2(c) hereof(as defined below), and as of each any Date of Delivery (if any) referred to in Section 2(b) hereofas defined below), and agree with each Underwriter, as follows:

Appears in 6 contracts

Samples: Underwriting Agreement (AllianzGI Diversified Income & Convertible Fund), Underwriting Agreement (Legg Mason BW Global Income Opportunities Fund Inc.), Underwriting Agreement (Prudential Global Short Duration High Yield Fund, Inc.)

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers jointly and severally represent and warrant to each the Underwriter as of the date hereof, as of the Time of Sale, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agree with each the Underwriter, as follows:

Appears in 5 contracts

Samples: Underwriting Agreement (Nuveen AMT-Free Municipal Credit Income Fund), Underwriting Agreement (Nuveen AMT-Free Quality Municipal Income Fund), Underwriting Agreement (Nuveen AMT-Free Municipal Credit Income Fund)

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers jointly and severally represent and warrant to each the Underwriter as of the date hereof, as of the Closing Time referred to in Section 2(c) hereof, of Sale and as of each Date of Delivery (if any) the Closing Time referred to in Section 2(b) hereof, and agree with each the Underwriter, as follows:

Appears in 4 contracts

Samples: Investment Management Agreement (Nuveen Short Duration Credit Opportunities Fund), Underwriting Agreement (Nuveen Floating Rate Income Fund), Underwriting Agreement (Nuveen Senior Income Fund)

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers jointly and severally represent and warrant to each Underwriter as of the date hereof, as of the Closing Time referred to in Section 2(c) hereof, hereof and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:

Appears in 3 contracts

Samples: Purchase Agreement (Small Cap Premium & Dividend Income Fund, Inc.), Of Purchase Agreement (S&P 500 Covered Call Fund Inc.), Purchase Agreement (S&P 500 GEARED Fund Inc.)

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers jointly and severally represent and warrant to each Underwriter as of the date hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, will jointly and severally represent and warrant to each Underwriter as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:

Appears in 2 contracts

Samples: Purchase Agreement (First Trust Four Corners Senior Floating Rate Income Fund Ii), Purchase Agreement (First Trust/Fiduciary Asset Management Covered Call Fund)

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers jointly and severally represent and warrant to each [each][the] Underwriter as of the date hereof, as of the Time of Sale, as of the Closing Time referred to in Section 2(c) hereof, [and as of each Date of Delivery (if any) referred to in Section 2(b) hereofhereof]4, and agree with each [each][the] Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (Nuveen AMT-Free Municipal Credit Income Fund), Underwriting Agreement (Nuveen AMT-Free Quality Municipal Income Fund)

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers jointly and severally represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) and the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:

Appears in 1 contract

Samples: Purchase Agreement (Cohen & Steers Global Income Builder, Inc)

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers jointly and severally represent and warrant to each Underwriter as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the date hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:

Appears in 1 contract

Samples: DWS Rreef World (DWS RREEF World Real Estate & Tactical Strategies Fund, Inc.)

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers jointly and severally represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time, the Closing Time referred to (as defined in Section 2(c) hereof), below), and as of each any Date of Delivery (if any) referred to as defined in Section 2(b) hereof), below), and agree with each Underwriter, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Brookfield Global Listed Infrastructure Income Fund Inc.)

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Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers Advisers, jointly and severally severally, represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Time Date referred to in Section 2(c) hereof, ,and as of each Option Closing Date of Delivery (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Rivernorth Opportunities Fund, Inc.)

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers jointly and severally represent and warrant to each Underwriter as of the date hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:

Appears in 1 contract

Samples: Dreman Claymore Dividend & Income Fund

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers jointly and severally represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof), and agree with each Underwriter, as follows:

Appears in 1 contract

Samples: Advent/Claymore Global Convertible Securities & Income Fund

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers jointly and severally represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof and as of the Closing Time referred to in Section 2(c) hereof, will jointly and severally represent and warrant to each Underwriter as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:

Appears in 1 contract

Samples: Purchase Agreement (First Trust Global Credit Strategies Fund)

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers jointly and severally represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) and the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:

Appears in 1 contract

Samples: Purchase Agreement (Cohen & Steers Global Income Builder, Inc)

Representations and Warranties by the Fund and the Advisers. The Fund Fund, and the Advisers Advisers, jointly and severally severally, represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Time Date referred to in Section 2(c) hereof, and as of each Option Closing Date of Delivery (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Claymore/Guggenheim Strategic Opportunities Fund)

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers jointly and severally represent and warrant to each Underwriter as of the date hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, will jointly and severally represent and warrant to each Underwriter as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows, except that the representations and warranties set forth in paragraph (ix), below are made by the Sub-Adviser based on its knowledge:

Appears in 1 contract

Samples: First Trust/Fidac Mortgage Income Fund

Representations and Warranties by the Fund and the Advisers. The Fund and the Advisers jointly and severally represent and warrant to each Underwriter as of the date hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows, except that the representations and warranties set forth in paragraphs (xiii), (xv) and (xxii) below are made by the Sub-Adviser based on its reasonable belief after due inquiry:

Appears in 1 contract

Samples: Purchase Agreement (Nuveen Equity Premium & Growth Fund)

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