Common use of Representations and Warranties by the Investment Adviser Clause in Contracts

Representations and Warranties by the Investment Adviser. The Investment Adviser represents and warrants to each Underwriter, and in the case of paragraph (iii) also represents to the Fund, as of the date hereof, as of the Applicable Time, 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 agrees with each Underwriter, as follows:

Appears in 43 contracts

Samples: Underwriting Agreement (Nuveen California Amt-Free Municipal Income Fund), Underwriting Agreement (Nuveen California Dividend Advantage Municipal Fund 3), Underwriting Agreement (Nuveen California Dividend Advantage Municipal Fund 3)

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Representations and Warranties by the Investment Adviser. The Investment Adviser represents and warrants to each Underwriter, and in the case of paragraph (iii) also represents to the Fund, as of the date hereof, as of the Applicable Time, 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 agrees with each Underwriter, hereof as follows:

Appears in 11 contracts

Samples: SunAmerica Focused Alpha Growth Fund, Inc., SunAmerica Focused Alpha Large-Cap Fund, Inc., Nuveen Municipal High Income Opportunity Fund 2

Representations and Warranties by the Investment Adviser. The Investment Adviser represents and warrants to each the Underwriter, and in the case of paragraph (iii) also represents to the Fund, as of the date hereof, as of the Applicable Time, Time of Sale 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 agrees with each the Underwriter, as follows:

Appears in 9 contracts

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

Representations and Warranties by the Investment Adviser. The Investment Adviser represents and warrants to each Underwriter, and in the case of paragraph (iii) also represents to the Fund, as of the date hereof, as of the Applicable Time, 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 agrees with each Underwriter, hereof as follows:

Appears in 8 contracts

Samples: Underwriting Agreement (Nuveen Build America Bond Fund), Underwriting Agreement (Nuveen Build America Bond Fund), Underwriting Agreement (Nuveen Pennsylvania Municipal Value Fund)

Representations and Warranties by the Investment Adviser. The Investment Adviser represents and warrants to each Underwriter, and in the case of paragraph (iii) also represents to the Fund, Underwriter as of the date hereof, as of the Applicable Time, 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 agrees with each Underwriter, hereof as follows:

Appears in 6 contracts

Samples: Purchase Agreement (BlackRock Health Sciences Trust), Purchase Agreement (Calamos Convertible Opportunities & Income Fund), Purchase Agreement (Pioneer Tax Advantaged Balanced Trust)

Representations and Warranties by the Investment Adviser. The Investment Adviser represents and warrants to each Underwriter, and in the case of paragraph (iii) also represents to the FundTrust, as of the date hereof, as of the Applicable Time, 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 agrees with each Underwriter, hereof as follows:

Appears in 3 contracts

Samples: Purchase Agreement (Clough Global Allocation Fund), Clough Global Equity Fund, Clough Global Opportunities Fund

Representations and Warranties by the Investment Adviser. The Investment Adviser represents and warrants to each Underwriter, and in the case of paragraph (iii) also represents to the Fund, Underwriter as of the date hereof, as of the Applicable Time, 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 agrees with each Underwriter, hereof as follows:

Appears in 3 contracts

Samples: Purchase Agreement (Gabelli Equity Trust Inc), Purchase Agreement (Calamos Convertible Opportunities & Income Fund), Purchase Agreement (Calamos Convertible Opportunities & Income Fund)

Representations and Warranties by the Investment Adviser. The Investment Adviser represents and warrants to each Underwriter, and in the case of paragraph (iii) also represents to the Fund, Underwriter as of the date hereof, as of the Applicable Time, 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 agrees with each Underwriter, hereof as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (Gabelli Equity Trust Inc), Purchase Agreement (Gabelli Global Gold, Natural Resources & Income Trust)

Representations and Warranties by the Investment Adviser. The Investment Adviser represents and warrants to each Underwriter, and in the case of paragraph (iii) also represents to the Fund, Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Time referred to in Section 2(c) hereof, Date and as of each Option Closing Date of Delivery (if any) referred to in Section 2(b) hereof), and agrees with each Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (Rivernorth Opportunities Fund, Inc.), Underwriting Agreement (Brookfield Mortgage Opportunity Income Fund Inc.)

Representations and Warranties by the Investment Adviser. The Investment Adviser represents and warrants to each the Underwriter, and in the case of paragraph (iii) also represents to the FundTrust, as of the date hereof, as of the Applicable Time, 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 agrees with each Underwriter, as follows:

Appears in 2 contracts

Samples: Clough Global Equity Fund, Clough Global Allocation Fund

Representations and Warranties by the Investment Adviser. The Investment Adviser represents and warrants to each Underwriter, and in the case of paragraph (iii) also represents to the Fund, Underwriter as of the date hereof, as of the Applicable Time, 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 agrees with each Underwriter, hereof as follows:

Appears in 2 contracts

Samples: Purchase Agreement (Delaware Enhanced Global Dividend & Income Fund), Agreement (Alpine Global Premier Properties Fund)

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Representations and Warranties by the Investment Adviser. The Investment Adviser represents and warrants to each [each][the] Underwriter, and in the case of paragraph (iii) also represents to the Fund, as of the date hereof, as of the Applicable Time, Time of Sale and as of the Closing Time referred to in Section 2(c2(b) hereof, [and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, )] and agrees 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 Investment Adviser. The Investment Adviser represents and warrants to each Underwriter, and in the case of paragraph (iii) also represents represent to the Fund, as of the date hereof, as of the Applicable Time, 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 agrees with each Underwriter, as follows:

Appears in 1 contract

Samples: Management Agreement (First Trust Four Corners Senior Floating Rate Income Fund Ii)

Representations and Warranties by the Investment Adviser. The Investment Adviser represents and warrants to each Underwriter, and in the case of paragraph (iii) also represents to the Fund, Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred referenced to in Section 2(b) hereof, and agrees with each Underwriter, hereof as follows:

Appears in 1 contract

Samples: Pimco Corporate Opportunity Fund

Representations and Warranties by the Investment Adviser. The Investment Adviser represents and warrants to each Underwriter, and in the case of paragraph (iii) also represents to the Fund, Underwriter as of the date hereof, as of the Applicable Time, 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 agrees with each Underwriter, hereof as follows:

Appears in 1 contract

Samples: Purchase Agreement (Gabelli Global Deal Fund)

Representations and Warranties by the Investment Adviser. The Investment Adviser represents and warrants to each Underwriter, and in the case of paragraph (iii) below also represents to the Fund, as of the date hereof, as of the Applicable Time, 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 agrees with each Underwriter, hereof as follows:

Appears in 1 contract

Samples: Auction Agency Agreement (Pimco Corporate Opportunity Fund)

Representations and Warranties by the Investment Adviser. The Investment Adviser represents and warrants to each Underwriter, and in the case of paragraph (iii) also represents to the FundTrust, as of the date hereof, as of the Applicable Time, 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 agrees with each Underwriter, as follows:

Appears in 1 contract

Samples: Clough Global Opportunities Fund

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