Common use of Survival of Representations and Warranties; Duty to Update Information Clause in Contracts

Survival of Representations and Warranties; Duty to Update Information. All representations and warranties made by the Fund pursuant to Section 2 and by the Adviser pursuant to Section 3 hereof shall survive for the duration of this Agreement, and each party hereto, upon becoming aware that any of its representations and warranties are no longer true, shall immediately, but in any event within five (5) business days, notify the other party in writing. Within forty-five (45) days after the end of each calendar year during the term hereof, the Adviser shall certify to the Fund that it has complied with the requirements of Rule 17j-l with regard to its duties hereunder during the prior year and that there has been no violation of the Adviser's Code of Ethics with respect to the Fund or in respect of any matter or circumstance that is material to the performance of the Adviser's duties hereunder or, if such violation has occurred, that appropriate action was taken in response to such violation.

Appears in 7 contracts

Samples: And Management Agreement (Clough Global Opportunities Fund), And Management Agreement (Reaves Utility Income Fund), And Management Agreement (Reaves Utility Income Fund)

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Survival of Representations and Warranties; Duty to Update Information. All representations and warranties made by the Fund pursuant to Section 2 and by the Adviser pursuant to Section 3 hereof shall survive for the duration of this Agreement, and each party hereto, upon becoming aware that any of its representations and warranties are no longer true, shall immediately, but in any event within five (5) business days, notify the other party in writing. Within forty-five (45) days after the end of each calendar year during the term hereof, the Adviser shall certify to the Fund that it has complied with the requirements of Rule 17j-l with regard to its duties hereunder during the prior year and that there has been no violation of the Adviser's ’s Code of Ethics with respect to the Fund or in respect of any matter or circumstance that is material to the performance of the Adviser's ’s duties hereunder or, if such violation has occurred, that appropriate action was taken in response to such violation.

Appears in 1 contract

Samples: Investment Advisory and Management Agreement (Reaves Utility Income Fund)

Survival of Representations and Warranties; Duty to Update Information. All representations and warranties made by the Fund pursuant to Section 2 and by the Adviser pursuant to Section 3 hereof shall survive for the duration of this Agreement, and each party hereto, upon becoming aware that any of its representations and warranties are no longer true, shall immediately, but in any event within five (5) business days, notify the other party in writing. Within forty-five (45) days after the end of each calendar year during the term hereof, the Adviser shall certify to the Fund that it has complied with the requirements of Rule 17j-l 17j-1 with regard to its duties hereunder during the prior year and that there has been no violation of the Adviser's ’s Code of Ethics with respect to the Fund or in respect of any matter or circumstance that is material to the performance of the Adviser's duties hereunder or, if such violation has occurred, that appropriate action was taken in response to such violation.

Appears in 1 contract

Samples: Investment Advisory and Management Agreement (Clough Global Equity Fund)

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Survival of Representations and Warranties; Duty to Update Information. All representations and warranties made by the Fund pursuant to Section 2 and by the Adviser pursuant to Section 3 hereof shall survive for the duration of this Agreement, and each party hereto, upon becoming aware that any of its representations and warranties are no longer true, shall immediately, but in any event within five (5) business days, notify the other party in writing. Within forty-five (45) days after the end of each calendar year during the term hereof, the Adviser shall certify to the Fund that it has complied with the requirements of Rule 17j-l 17j-1 with regard to its duties hereunder during the prior year and that there has been no violation of the Adviser's ’s Code of Ethics with respect to the Fund or in respect of any matter or circumstance that is material to the performance of the Adviser's ’s duties hereunder or, if such violation has occurred, that appropriate action was taken in response to such violation.

Appears in 1 contract

Samples: Investment Advisory and Management Agreement (Clough Global Opportunities Fund)

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