Disposition of Canceled Certificates; Record Retention. The Paying Agent shall retain share certificates which have been canceled and any accompanying documentation thereto in accordance with applicable rules and regulations of the Securities and Exchange Commission (the "Commission") for at least one calendar year from the date of such cancellation. The Paying Agent, upon written request by the Fund, shall afford to the Fund, its agents and counsel access at reasonable times during normal business hours to review and make extracts or copies (at the Fund's sole cost and expense) of such certificates and accompanying documentation. Upon the expiration of this one year period, the Paying Agent, upon written request by the Fund, shall deliver to the Fund the canceled certificates and any accompanying documentation. In the event that the Commission requests that any or all such records be furnished to it, the Paying Agent shall provide the Fund with prompt written notice of such request so that the Fund may appeal such request and the Paying Agent shall cooperate with the Fund in any such appeal. In the event that such appeal is unsuccessful, the Paying Agent shall be permitted to furnish to the Commission, either at its principal office or at any regional office, complete, correct and current hard copies of any and all records that were requested by the Commission provided that the Paying Agent shall exercise reasonable efforts to obtain assurance that confidential treatment will be accorded to such records. Thereafter, such records shall not be destroyed by the Fund without the approval of the Paying Agent, which approval shall not be withheld unreasonably, but will be safely stored for possible future reference.
Appears in 2 contracts
Sources: Auction Agency Agreement (First Trust Tax-Advantaged Preferred Income Fund), Auction Agency Agreement (First Trust Four Corners Senior Floating Rate Income Fund Ii)
Disposition of Canceled Certificates; Record Retention. The Paying Agent shall retain share certificates which have been canceled in transfer or in exchange and any accompanying documentation thereto in accordance with applicable rules and regulations of the Securities and Exchange Commission (the "Commission") for at least one six calendar year years from the date of such cancellation. The Paying Agent, upon written request by the Fund, shall afford to the Fund, its agents and counsel access at reasonable times during normal business hours to review and make extracts or copies (at the Fund's sole cost and expense) of such certificates and accompanying documentation. Upon the expiration of this one six-year period, the Paying Agent, upon written request by the Fund, shall deliver to the Fund the canceled certificates and any accompanying documentation. In the event that the Commission requests that any or all such records be furnished to it, the Paying Agent shall provide the Fund with prompt written notice of such request so that the Fund may appeal such request and the Paying Agent shall cooperate with the Fund in any such appeal. In the event that such appeal is unsuccessful, the Paying Agent shall be permitted to furnish to the Commission, either at its principal office or at any regional office, complete, correct and current hard copies of any and all records that were requested by the Commission provided that the Paying Agent shall exercise reasonable efforts to obtain assurance that confidential treatment will be accorded to such records. Thereafter, such records shall not be destroyed by the Fund without the approval of the Paying Agent, which approval shall not be withheld unreasonably, but will be safely stored for possible future reference.
Appears in 1 contract
Sources: Auction Agency Agreement (Lehman Brothers First Trust Income Opportunity Fund)
Disposition of Canceled Certificates; Record Retention. The Paying Agent shall retain share certificates which have been canceled and any accompanying documentation thereto in accordance with applicable rules and regulations of the Securities and Exchange Commission (the "Commission") for at least one six calendar year years from the date of such cancellation. The Paying Agent, upon written request by the Fund, shall afford to the Fund, its agents and counsel access at reasonable times during normal business hours to review and make extracts or copies (at the Fund's sole cost and expense) of such certificates and accompanying documentation. Upon the expiration of this one six- year period, the Paying Agent, upon written request by the Fund, shall deliver to the Fund the canceled certificates and any accompanying documentation. In the event that the Commission requests that any or all such records be furnished to it, the Paying Agent shall provide the Fund with prompt written notice of such request so that the Fund may appeal such request and the Paying Agent shall cooperate with the Fund in any such appeal. In the event that such appeal is unsuccessful, the Paying Agent shall be permitted to furnish to the Commission, either at its principal office or at any regional office, complete, correct and current hard copies of any and all records that were requested by the Commission provided that the Paying Agent shall exercise reasonable efforts to obtain assurance that confidential treatment will be accorded to such records. Thereafter, such records shall not be destroyed by the Fund without the approval of the Paying Agent, which approval shall not be withheld unreasonably, but will be safely stored for possible future reference.
Appears in 1 contract
Sources: Auction Agency Agreement (Energy Income & Growth Fund)
Disposition of Canceled Certificates; Record Retention. The Paying Agent shall retain share certificates which have been canceled and any accompanying documentation thereto in accordance with applicable rules and regulations of the Securities and Exchange Commission (the "Commission") for at least one six calendar year years from the date of such cancellation. The Paying Agent, upon written request by the FundCompany, shall afford to the FundCompany, its agents and counsel access at reasonable times during normal business hours to review and make extracts or copies (at the FundCompany's sole cost and expense) of such certificates and accompanying documentation. Upon the expiration of this one six-year period, the Paying Agent, upon written request by the FundCompany, shall deliver to the Fund Company the canceled certificates and any accompanying documentation. In the event that the Commission requests that any or all such records be furnished to it, the Paying Agent shall provide the Fund Company with prompt written notice of such request so that the Fund Company may appeal such request and the Paying Agent shall cooperate with the Fund Company in any such appeal. In the event that such appeal is unsuccessful, the Paying Agent shall be permitted to furnish to the Commission, either at its principal office or at any regional office, complete, correct and current hard copies of any and all records that were requested by the Commission provided that the Paying Agent shall exercise reasonable efforts to obtain assurance that confidential treatment will be accorded to such records. Thereafter, such records shall not be destroyed by the Fund Company without the approval of the Paying Agent, which approval shall not be withheld unreasonably, but will be safely stored for possible future reference.
Appears in 1 contract
Sources: Auction Agency Agreement (Boulder Growth & Income Fund)
Disposition of Canceled Certificates; Record Retention. The Paying Agent shall retain share certificates which have been canceled and any accompanying documentation thereto in accordance with applicable rules and regulations of the Securities and Exchange Commission (the "Commission") for at least one six calendar year years from the date of such cancellation. The Paying Agent, upon written request by the Fund, shall afford to the Fund, its agents and counsel access at reasonable times during normal business hours to review and make extracts or copies (at the Fund's sole cost and expense) of such certificates and accompanying documentation. Upon the expiration of this one six-year period, the Paying Agent, upon written request by the Fund, shall deliver to the Fund the canceled certificates and any accompanying documentation. In the event that the Commission requests that any or all such records be furnished to it, the Paying Agent shall provide the Fund with prompt written notice of such request so that the Fund may appeal such request and the Paying Agent shall cooperate with the Fund in any such appeal. In the event that such appeal is unsuccessful, the Paying Agent shall be permitted to furnish to the Commission, either at its principal office or at any regional office, complete, correct and current hard copies of any and all records that were requested by the Commission provided that the Paying Agent shall exercise reasonable efforts to obtain assurance that confidential treatment will be accorded to such records. Thereafter, such records shall not be destroyed by the Fund without the approval of the Paying Agent, which approval shall not be withheld unreasonably, but will be safely stored for possible future reference.
Appears in 1 contract
Sources: Auction Agency Agreement (First Trust/Four Corners Senior Floating Rate Income Fund)
Disposition of Canceled Certificates; Record Retention. The Paying Agent shall retain share certificates which have been canceled and any accompanying documentation thereto in accordance with applicable rules and regulations of the Securities and Exchange Commission (the "Commission") for at least one six calendar year years from the date of such cancellation. The Paying Agent, upon written request by the FundCompany, shall afford to the FundCompany, its agents and counsel access at reasonable times during normal business hours to review and make extracts or copies (at the FundCompany's sole cost and expense) of such certificates and accompanying documentation. Upon the expiration of this one six-year period, the Paying Agent, upon written request by the FundCompany, shall deliver to the Fund Company the canceled certificates and any accompanying documentation. In the event that the Commission requests that any or all such records be furnished to it, the Paying Agent shall provide the Fund Company with prompt written notice of such request so that the Fund Company may appeal such request and the Paying Agent shall cooperate with the Fund Company in any such appeal. In the event that such appeal is unsuccessful, the Paying Agent shall be permitted to furnish to the Commission, either at its principal office or at any regional office, complete, correct and current hard copies of any and all records that were requested by the Commission provided that the Paying Agent shall exercise reasonable efforts to obtain assurance that confidential treatment will be accorded to such records. Thereafter, such records shall not be destroyed by the Fund Company without the approval of the Paying Agent, which approval shall not be withheld unreasonably, but will be safely stored for possible future reference.
Appears in 1 contract
Sources: Auction Agency Agreement (Tortoise Energy Infrastructure Corp)