0000921895-08-000742 Sample Contracts

JOINT FILING AND SOLICITATION AGREEMENT JOINDER AGREEMENT
Joint Filing and Solicitation Agreement • March 6th, 2008 • Western Investment LLC

WHEREAS, Western Investment LLC, Western Investment Hedged Partners, L.P., Western Investment Activism Partners LLC, Western Investment Total Return Fund Ltd., Western Investment Total Return Partners L.P., Arthur D. Lipson, William J. Roberts and Matthew Crouse entered into a Joint Filing and Solicitation Agreement on January 22, 2008 (the “Agreement”) for the purpose of seeking representation on the Board of Directors of Cohen & Steers REIT and Utility Income Fund, Inc., a Maryland corporation (the “Fund”);

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