Good Standing of the Fund. The Fund has been duly formed and is validly existing in good standing as a statutory trust under the laws of the State of Delaware and has power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement and the Prospectus and to enter into and perform its obligations under this Agreement and the Fund Agreements; and the Fund is duly qualified to transact business and is in good standing under the laws of each jurisdiction which requires qualification, except for any such jurisdiction where failure to be in good standing would not have a Fund Material Adverse Effect.
Appears in 15 contracts
Samples: Sales Agreement (Calamos Global Total Return Fund), Sales Agreement (Calamos Convertible & High Income Fund), Sales Agreement (Calamos Convertible Opportunities & Income Fund)
Good Standing of the Fund. The Fund has been duly formed and is validly existing in good standing and has a legal existence as a statutory trust under the laws of the State of Delaware and has power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement and the Prospectus and to enter into and perform its obligations under this Agreement and the Fund AgreementsAgreement; and the Fund is duly qualified to transact business and is in good standing under the laws of each jurisdiction which requires qualification, except for any such jurisdiction where failure to be in good standing would not have a Fund Material Adverse Effect.
Appears in 12 contracts
Samples: Sales Agreement (Guggenheim Taxable Municipal Managed Duration Trust), Sales Agreement (Guggenheim Strategic Opportunities Fund), Sales Agreement (Guggenheim Credit Allocation Fund)
Good Standing of the Fund. The Fund has been duly formed and is validly existing in good standing as a statutory trust under the laws of the State of Delaware and has power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement Statement, the Preliminary Prospectus and the Prospectus and to enter into and perform its obligations under this Agreement and the Fund Agreements; and the Fund is duly qualified to transact business and is in good standing under the laws of each jurisdiction which requires qualification, except for any such jurisdiction where failure to be in good standing would not have a Fund Material Adverse Effect.
Appears in 8 contracts
Samples: Underwriting Agreement (Calamos Strategic Total Return Fund), Underwriting Agreement (Alpine Total Dynamic Dividend Fund), Underwriting Agreement (Calamos Global Dynamic Income Fund)
Good Standing of the Fund. The Fund has been duly formed and is validly existing in good standing as a statutory trust under the laws of the State of Delaware and has the full power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement Statement, the Preliminary Prospectus and the Prospectus and to enter into and perform its obligations under this Agreement and the Fund Agreements; and the Fund is duly qualified to transact business and is in good standing under the laws of each jurisdiction which requires qualification, except for any such jurisdiction where the failure to be so qualified or in good standing would not reasonably be expected to have a Fund Material Adverse Effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Eagle Growth & Income Opportunities Fund), Underwriting Agreement (THL Credit Senior Loan Fund)
Good Standing of the Fund. The Fund has been duly formed organized and is validly existing in good standing as a statutory trust in good standing under the laws of the State of Delaware and has power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement and the Prospectus and to enter into and perform its obligations under this Agreement and the Fund AgreementsAgreement; and the Fund is duly qualified to transact business and is in good standing under in each other jurisdiction in which such qualification is required, whether by reason of the laws ownership or leasing of each jurisdiction which requires qualification, except for any such jurisdiction where failure to be in good standing would not have a Fund Material Adverse Effectproperty or the conduct of business.
Appears in 2 contracts
Samples: Underwriting Agreement (Nuveen Diversified Commodity Fund), Underwriting Agreement (Nuveen Diversified Commodity Fund)
Good Standing of the Fund. The Fund has been duly formed and is validly existing in good standing as a statutory trust under the laws of the State of Delaware and has the full power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement Statement, the Preliminary Prospectus and the Prospectus and to enter into and perform its obligations under this Agreement and the Fund Agreements; and the Fund is duly qualified to transact business and is in good standing under the laws of each jurisdiction which requires qualification, except for any such jurisdiction where failure to be in good standing would not have a Fund Material Adverse Effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Miller/Howard High Income Equity Fund), Underwriting Agreement (Federated Enhanced Treasury Income Fund)
Good Standing of the Fund. The Fund has been duly formed and is validly existing in good standing as a statutory trust under the laws of the State of Delaware and has the full power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement and the Prospectus and to enter into and perform its obligations under this Agreement and the Fund Agreements; and the Fund is duly qualified to transact business and is in good standing under the laws of each jurisdiction which requires qualification, except for any such jurisdiction where failure to be in good standing would not have a Fund Material Adverse Effect.
Appears in 2 contracts
Samples: Sales Agreement (Miller/Howard High Income Equity Fund), Investment Advisory Agreement (Miller/Howard High Income Equity Fund)
Good Standing of the Fund. The Fund has been is a statutory trust duly formed organized and is validly existing in good standing as a statutory trust under the laws of the State of Delaware and has Delaware, with full trust power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement and the Prospectus (and any amendment or supplement to enter into and perform its obligations under this Agreement and the Fund Agreements; and the Fund is duly qualified to transact business and is in good standing under the laws of each jurisdiction which requires qualification, except for any such jurisdiction where failure to be in good standing would not have a Fund Material Adverse Effect.either of
Appears in 1 contract
Good Standing of the Fund. The Fund has been duly formed and is validly existing in good standing as a statutory trust under the laws of the State of Delaware and has the power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement Statement, the Preliminary Prospectus and the Prospectus and to enter into and perform its obligations under this Agreement and the Fund Agreements; and the Fund is duly qualified to transact business and is in good standing under the laws of each jurisdiction which requires qualification, except for any such jurisdiction where failure to be in good standing would not have a Fund Material Adverse Effect.
Appears in 1 contract
Samples: Underwriting Agreement (Calamos Dynamic Convertible & Income Fund)
Good Standing of the Fund. The Fund has been duly formed and is validly existing in good standing as a statutory trust under the laws of the State of Delaware and has the full power and authority to own, lease and operate its properties (as relevant) and to conduct its business as described in the Registration Statement Statement, the Preliminary Prospectus and the Prospectus and to enter into and perform its obligations under this Agreement and the Fund Agreements; and the Fund is duly qualified to transact business and is in good standing under the laws of each jurisdiction which requires qualification, except for any such jurisdiction where the failure to be so qualified or be in good standing would does not have a Fund Material Adverse Effect.
Appears in 1 contract
Samples: Underwriting Agreement (Principal Real Estate Income Fund)