Common use of Good Standing of the Fund Clause in Contracts

Good Standing of the Fund. The Fund has been duly organized and is validly existing as a statutory trust in good standing under the laws of the State of Delaware and has the trust power and authority to own, lease and operate its properties and to conduct its business as described in the Original Registration Statement, the Preliminary Prospectus and the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign trust to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result, individually or in the aggregate, in a Material Adverse Effect.

Appears in 5 contracts

Samples: Underwriting Agreement (Gabelli Healthcare & WellnessRx Trust), Gabelli Utility Trust (Gabelli Utility Trust), Bancroft Fund LTD

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Good Standing of the Fund. The Fund has been duly organized and is validly existing as a statutory trust corporation in good standing under the laws of the State of Delaware Maryland and has the trust corporate power and authority to own, lease and operate its properties and to conduct its business as described in the Original Registration Statement, the Preliminary Prospectus and the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign trust corporation to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result, individually or in the aggregate, in a Material Adverse Effect.

Appears in 4 contracts

Samples: Underwriting Agreement (Gabelli Multimedia Trust Inc.), Underwriting Agreement (Gabelli Equity Trust Inc), Underwriting Agreement (Gabelli Multimedia Trust Inc.)

Good Standing of the Fund. The Fund has been duly organized formed, has a legal existence and is validly existing as a statutory trust in good standing as a corporation under the laws of the State state of Delaware Maryland and has the trust full corporate power and authority to own, lease and operate its properties and to conduct its business as described in the Original Registration Statement, the Preliminary Prospectus General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign trust to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result, individually or in the aggregate, result in a Material Adverse Effect.

Appears in 4 contracts

Samples: Underwriting Agreement (Prudential Global Short Duration High Yield Fund, Inc.), Underwriting Agreement (Brookfield Global Listed Infrastructure Income Fund Inc.), Cohen & Steers MLP Income & Energy Opportunity Fund

Good Standing of the Fund. The Fund has been duly organized formed, has a legal existence and is validly existing as a statutory trust in good standing as a business trust under the laws of the State Commonwealth of Delaware Massachusetts and has the trust full power and authority to own, lease and operate its properties and to conduct its business as described in the Original Registration Statement, the Preliminary Prospectus General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign trust to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result, individually or in the aggregate, result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Investment Management Agreement (AllianzGI Artificial Intelligence & Technology Opportunities Fund), Underwriting Agreement (AllianzGI Diversified Income & Convertible Fund)

Good Standing of the Fund. The Fund has been duly organized and is validly existing as a statutory trust in good standing under the laws of the State of Delaware and has the trust power and authority to own, lease and operate its properties and to conduct its business as described in the Original Registration Statement, the Preliminary Prospectus and the Time of Sale Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign trust entity to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result, individually or in the aggregate, result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Underwriting Agreement (Salient MLP & Energy Infrastructure Fund), Underwriting Agreement (Salient MLP & Energy Infrastructure Fund)

Good Standing of the Fund. The Fund has been duly organized formed, has a legal existence and is validly existing in good standing as a statutory trust in good standing under the laws of the State state of Delaware and has the trust full power and authority to own, lease and operate its properties and to conduct its business as described in the Original Registration Statement, the Preliminary Prospectus General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign trust to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result, individually or in the aggregate, result in a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Ivy High Income Opportunities Fund)

Good Standing of the Fund. The Fund has been duly organized formed, has a legal existence and is validly existing in good standing as a statutory trust in good standing under the laws of the State of Delaware and has the statutory trust power and authority to own, lease and operate its properties and to conduct its business as described in the Original Registration Statement, the Preliminary Prospectus General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign trust to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result, individually or in the aggregate, result in a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Guggenheim Active Allocation Fund)

Good Standing of the Fund. The Fund has been duly organized formed, has a legal existence and is validly existing as a statutory trust in good standing as a business trust under the laws of the State The Commonwealth of Delaware Massachusetts and has the trust full power and authority to own, lease and operate its properties and to conduct its business as described in the Original Registration Statement, the Preliminary Prospectus General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign trust to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result, individually or in the aggregate, result in a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Eaton Vance Floating-Rate Income Plus Fund)

Good Standing of the Fund. The Fund has been duly organized and is validly existing formed, has a legal existence as a statutory trust and is in good standing under the laws of the State state of Delaware and has the full statutory trust power and authority to own, lease and operate its properties and to conduct its business as described in the Original Registration Statement, the Preliminary Prospectus General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign trust to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result, individually or in the aggregate, result in a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Salient Midstream & MLP Fund)

Good Standing of the Fund. The Fund has been duly organized formed, has a legal existence and is validly existing as a statutory trust in good standing as a corporation under the laws of the State state of Delaware Maryland and has the trust full corporate power and authority to own, lease and operate its properties and to conduct its business as described in the Original Registration Statement, the Preliminary Prospectus General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign trust corporation to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure to so to qualify or to be in good standing would not result, individually or in the aggregate, result in a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Legg Mason BW Global Income Opportunities Fund Inc.)

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Good Standing of the Fund. The Fund has been duly organized formed, has a legal existence and is validly existing in good standing as a statutory trust in good standing under the laws of the State of Delaware Maryland and has the statutory trust power and authority to own, lease and operate its properties and to conduct its business as described in the Original Registration Statement, the Preliminary Prospectus General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign trust to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result, individually or in the aggregate, result in a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Cohen & Steers Real Estate Opportunities & Income Fund)

Good Standing of the Fund. The Fund has been duly organized and is validly existing as a statutory trust in good standing under the laws of the State of Delaware and has the trust power and authority to own, lease and operate its properties and to conduct its business as described in the Original Registration Statement, the Preliminary Prospectus and the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign trust entity to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result, individually or in the aggregate, in a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Gabelli Dividend & Income Trust)

Good Standing of the Fund. The Fund has been duly organized and is validly existing as a statutory business trust in good standing under the laws of the State of Delaware Massachusetts and has the trust power and authority to own, lease and operate its properties and to conduct its business as described in the Original Registration Statement, the Preliminary Prospectus and the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign trust to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result, individually or in the aggregate, in a Material Adverse EffectEffect on the Fund.

Appears in 1 contract

Samples: Highland Income Fund\ma

Good Standing of the Fund. The Fund has been duly organized and is validly existing as a statutory trust in good standing under the laws of the State of Delaware and has the trust power and authority to own, lease and operate its properties and to conduct its business as described in the Original Registration Statement, the Basic Prospectus, the Preliminary Prospectus and the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign trust to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result, individually or in the aggregate, result in a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Gabelli Healthcare & WellnessRx Trust)

Good Standing of the Fund. The Fund has been duly organized formed, has a legal existence and is validly existing in good standing as a statutory trust in good standing under the laws of the State state of Delaware and has the full statutory trust power and authority to own, lease and operate its properties and to conduct its business as described in the Original Registration Statement, the Preliminary Prospectus General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement; and the Fund is duly qualified as a foreign trust to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result, individually or in the aggregate, result in a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (MainStay DefinedTerm Municipal Opportunities Fund)

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