Representations and Warranties of the Auction Agent. The Auction Agent represents and warrants to the Fund that: (i) the Auction Agent is duly organized and is validly existing as a banking corporation in good standing under the laws of the State of New York and has the corporate power to enter into and perform its obligations under this Agreement; and (ii) this Agreement has been duly and validly authorized, executed and delivered by the Auction Agent and constitutes the legal, valid and binding obligation of the Auction Agent, enforceable against the Auction Agent in accordance with its terms, subject to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors' rights and to general equitable principles.
Appears in 47 contracts
Sources: Auction Agency Agreement (Cohen & Steers Select Utility Fund Inc), Auction Agency Agreement (Clough Global Equity Fund), Auction Agency Agreement (Reaves Utility Income Fund)
Representations and Warranties of the Auction Agent. The Auction Agent represents and warrants to the Fund that:
(i) the The Auction Agent is duly organized and is validly existing as a banking corporation in good standing under the laws of the State of New York and has the corporate power to enter into and perform its obligations under this Agreement; and
(ii) this Agreement has been duly and validly authorized, executed and delivered by the Auction Agent and constitutes the legal, valid and binding obligation of the Auction Agent, enforceable against the Auction Agent in accordance with its terms, subject to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors' rights and to general equitable principles.
Appears in 22 contracts
Sources: Auction Agency Agreement (Pimco California Municipal Income Fund), Auction Agency Agreement (Pimco California Municipal Income Fund Ii), Auction Agency Agreement (Pacholder High Yield Fund Inc)
Representations and Warranties of the Auction Agent. The Auction Agent represents and warrants to the Fund Company that:
(i) the Auction Agent is duly organized and is validly existing as a banking corporation in good standing under the laws of the State of New York and has the corporate power to enter into and perform its obligations under this Agreement; and
(ii) this Agreement has been duly and validly authorized, executed and delivered by the Auction Agent and constitutes the legal, valid and binding obligation of the Auction Agent, enforceable against the Auction Agent in accordance with its terms, subject only to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors' rights and to general equitable principles.
Appears in 15 contracts
Sources: Auction Agency Agreement (Tortoise Energy Infrastructure Corp), Auction Agency Agreement (Tortoise Energy Infrastructure Corp), Auction Agency Agreement (Tortoise Energy Infrastructure Corp)
Representations and Warranties of the Auction Agent. The Auction Agent represents and warrants to the Fund Company that:
(i) the Auction Agent is duly organized and is validly existing as a banking corporation in good standing under the laws of the State of New York and has the corporate power to enter into and perform its obligations under this Agreement; and
(ii) this Agreement has been duly and validly authorized, executed and delivered by the Auction Agent and constitutes the legal, valid and binding obligation of the Auction Agent, enforceable against the Auction Agent in accordance with its terms, subject only to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors' ’ rights and to general equitable principles.
Appears in 10 contracts
Sources: Auction Agency Agreement (Tortoise Energy Infrastructure Corp), Auction Agency Agreement (Kayne Anderson MLP Investment CO), Auction Agency Agreement (Tortoise Energy Infrastructure Corp)
Representations and Warranties of the Auction Agent. The Auction Agent represents and warrants to the Fund Trust that:
(i) the The Auction Agent is duly organized and is validly existing as a banking corporation in good standing under the laws of the State of New York and has the corporate power to enter into and perform its obligations under this Agreement; and
(ii) this Agreement has been duly and validly authorized, executed and delivered by the Auction Agent and constitutes the legal, valid and binding obligation of the Auction Agent, enforceable against the Auction Agent in accordance with its terms, subject to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors' rights and to general equitable principles.
Appears in 9 contracts
Sources: Auction Agency Agreement (Blackrock Preferred Opportunity Trust), Auction Agency Agreement (Blackrock New York Insured Municipal Income Trust), Auction Agency Agreement (Blackrock California Insured Municipal Income Trust)
Representations and Warranties of the Auction Agent. The Auction Agent represents and warrants to the Fund Trust that:
(i) the Auction Agent is duly organized and is validly existing as a banking corporation in good standing under the laws of the State of New York and has the corporate power to enter into and perform its obligations under this Agreement; and
(ii) this Agreement has been duly and validly authorized, executed and delivered by the Auction Agent and constitutes the legal, valid and binding obligation of the Auction Agent, enforceable against the Auction Agent in accordance with its terms, subject to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors' rights and to general equitable principles.
Appears in 9 contracts
Sources: Auction Agency Agreement, Auction Agency Agreement (Federated Premier Municipal Income Fund), Auction Agency Agreement (Federated Premier Intermediate Municipal Income Fund)
Representations and Warranties of the Auction Agent. The Auction Agent represents and warrants to the Fund that:
(i) the The Auction Agent is duly organized and is validly existing as a banking corporation in good standing under the laws of the State of New York and has the corporate power to enter into and perform its obligations under this Agreement; and
(ii) this Agreement has been duly and validly authorized, executed and delivered by the Auction Agent and constitutes the legal, valid and binding obligation of the Auction Agent, enforceable against the Auction Agent in accordance with its terms, subject only to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors' rights and to general equitable principles.
Appears in 7 contracts
Sources: Auction Agency Agreement (Blackrock Florida Municipal 2020 Term Trust), Auction Agency Agreement (Blackrock Municipal 2020 Term Trust), Auction Agency Agreement (Pimco Floating Rate Income Fund)
Representations and Warranties of the Auction Agent. The Auction Agent represents and warrants to the Fund Trust that:
(i1) the The Auction Agent is duly organized and is validly existing as a banking corporation in good standing under the laws of the State of New York and has the corporate power to enter into and perform its obligations under this Agreement; and
(ii2) this Agreement has been duly and validly authorized, executed and delivered by the Auction Agent and constitutes the legal, valid and binding obligation of the Auction Agent, enforceable against the Auction Agent in accordance with its terms, subject to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors' rights and to general equitable principles.
Appears in 6 contracts
Sources: Auction Agency Agreement (Blackrock Insured Municipal Income Trust), Auction Agency Agreement (Blackrock New Jersey Municipal Bond Trust), Auction Agency Agreement (Blackrock New York Municipal Bond Trust)
Representations and Warranties of the Auction Agent. The Auction Agent represents and warrants to the Fund Trust that:
(ia) the Auction Agent is duly organized and is validly existing as a banking corporation in good standing under the laws of the State of New York and has the corporate power to enter into and perform its obligations under this Agreement; and
(iib) this Agreement has been duly and validly authorized, executed and delivered by the Auction Agent and constitutes the legal, valid and binding obligation of the Auction Agent, enforceable against the Auction Agent in accordance with its terms, subject to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors' rights and to general equitable principles.
Appears in 5 contracts
Sources: Auction Agency Agreement (Pioneer Floating Rate Trust), Auction Agency Agreement (John Hancock Preferred Income Fund Iii), Auction Agency Agreement (Hancock John Income Securities Trust /Ma)
Representations and Warranties of the Auction Agent. The Auction Agent represents and warrants to the Fund that:
(i) the Auction Agent is duly organized and is validly existing as a banking corporation in good standing under the laws of the State of New York and has the corporate power to enter into and perform its obligations under this Agreement; and
(ii) this Agreement has been duly and validly authorized, executed and delivered by the Auction Agent and constitutes the legal, valid and binding obligation of the Auction Agent, enforceable against the Auction Agent in accordance with its terms, subject to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors' ’ rights and to general equitable principles.
Appears in 4 contracts
Sources: Auction Agency Agreement (RMR Asia Pacific Real Estate Fund), Auction Agency Agreement (RMR Real Estate Income Fund), Auction Agency Agreement (Cohen & Steers Reit & Utility Income Fund Inc)
Representations and Warranties of the Auction Agent. The Auction Agent represents and warrants to the Fund Corporation that:
(ia) the The Auction Agent is duly organized and is validly existing as a banking corporation in good standing under the laws of the State of New York and has the corporate power to enter into and perform its obligations under this Agreement; and
(iib) this Agreement has been duly and validly authorized, executed and delivered by the Auction Agent and constitutes the legal, valid and binding obligation of the Auction Agent, enforceable against the Auction Agent in accordance with its terms, subject to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors' rights and to general equitable principles.
Appears in 3 contracts
Sources: Auction Agency Agreement (Gabelli Global Multimedia Trust Inc), Auction Agency Agreement (Gabelli Equity Trust Inc), Auction Agency Agreement (Gabelli Convertible & Income Securities Fund Inc)
Representations and Warranties of the Auction Agent. The Auction Agent represents and warrants to the Fund that:
(i) the Auction Agent is duly organized and is validly existing as a banking corporation in good standing under the laws of the State of New York and has the corporate power to enter into and perform its obligations under this Agreement; and
(ii) this Agreement has been duly and validly authorized, executed and delivered by the Auction Agent and constitutes the legal, valid and binding obligation of the Auction Agent, enforceable against the Auction Agent in accordance with its terms, subject to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors' rights and to general equitable principles. VI.
Appears in 3 contracts
Sources: Auction Agency Agreement (Clough Global Allocation Fund), Auction Agency Agreement (Clough Global Opportunities Fund), Auction Agency Agreement (Clough Global Opportunities Fund)
Representations and Warranties of the Auction Agent. The Auction Agent represents and warrants to the Fund Trust that:
(i) the The Auction Agent is duly organized and is validly existing as a banking corporation in good standing under the laws of the State of New York and has the corporate power to enter into and perform its obligations under this Agreement; and
(ii) this Agreement has been duly and validly authorized, executed and delivered by the Auction Agent and constitutes the legal, valid and binding obligation of the Auction Agent, enforceable against the Auction Agent in accordance with its terms, subject to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors' ’ rights and to general equitable principles.
Appears in 3 contracts
Sources: Auction Agency Agreement (Ing Clarion Global Real Estate Income Fund), Auction Agency Agreement (Ing Clarion Real Estate Income Fund), Auction Agency Agreement (Blackrock Global Floating Rate Income Trust)
Representations and Warranties of the Auction Agent. The Auction Agent represents and warrants to the Fund Trust that:
(i1) the The Auction Agent is duly organized and is validly existing as a banking corporation in good standing under the laws of the State of New York and has the corporate power to enter into and perform its obligations under this Agreement; and
(ii2) this Agreement has been duly and validly authorized, executed and delivered by the Auction Agent and constitutes the legal, valid and binding obligation of the Auction Agent, enforceable against the Auction Agent in accordance with its terms, subject to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors' rights and to general equitable principles.. 20
Appears in 3 contracts
Sources: Auction Agency Agreement (Blackrock Maryland Municipal Bond Trust), Auction Agency Agreement (Blackrock California Municipal Bond Trust), Auction Agency Agreement (Blackrock Florida Municipal Bond Trust)
Representations and Warranties of the Auction Agent. The Auction Agent represents and warrants to the Fund Trust that:
(i) the Auction Agent is duly organized and is validly existing as a banking corporation in good standing under the laws of the State of New York and has the corporate power to enter into and perform its obligations under this Agreement; and
(ii) this Agreement has been duly and validly authorized, executed and delivered by the Auction Agent and constitutes the legal, valid and binding obligation of the Auction Agent, enforceable against the Auction Agent in accordance with its terms, subject to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors' rights and to general equitable principles.
Appears in 2 contracts
Sources: Auction Agency Agreement (Aew Real Estate Income Fund), Auction Agency Agreement (Western Asset Premier Bond Fund)
Representations and Warranties of the Auction Agent. The Auction Agent represents and warrants to the Fund that:
(i) the Auction Agent is duly organized and is validly existing as a banking corporation in good standing under the laws of the State of New York and has the corporate power to enter into and perform its obligations under this Agreement; and
(ii) this Agreement has been duly and validly authorized, executed and delivered by the Auction Agent and constitutes the legal, valid and binding obligation of the Auction Agent, enforceable against the Auction Agent in accordance with its terms, subject only to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors' rights and to general equitable principles.
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)
Representations and Warranties of the Auction Agent. The Auction Agent represents and warrants to the Fund that:
(i) the The Auction Agent is duly organized and is validly existing as a banking corporation in good standing under the laws of the State of New York and has the corporate power to enter into and perform its obligations under this Agreement; and
(ii) this Agreement has been duly and validly authorized, executed and delivered by the Auction Agent and constitutes the legal, valid and binding obligation of the Auction Agent, enforceable against the Auction Agent in accordance with its terms, subject to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors' ’ rights and to general equitable principles.
Appears in 2 contracts
Sources: Auction Agency Agreement (Pimco Corporate & Income Strategy Fund), Auction Agency Agreement (Prospect Street High Income Portfolio Inc)
Representations and Warranties of the Auction Agent. The Auction Agent represents and warrants to the Fund that:
(i) the The Auction Agent is duly organized and is validly existing as a banking corporation in good standing under the laws of the State of New York and has the corporate power to enter into and perform its obligations under this Agreement; and
(ii) this Agreement has been duly and validly authorized, executed and delivered by the Auction Agent and constitutes the legal, valid and binding obligation of the Auction Agent, enforceable against the Auction Agent in accordance with its terms, subject only to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors' ’ rights and to general equitable principles.
Appears in 2 contracts
Sources: Auction Agency Agreement (Pimco Corporate & Income Opportunity Fund), Auction Agency Agreement (PIMCO Floating Rate Strategy Fund)
Representations and Warranties of the Auction Agent. The Auction Agent represents and warrants to the Fund Company that:
(i) the Auction Agent is duly organized and is validly existing as a banking corporation in good standing under the laws of the State of New York [__________] and has the corporate power to enter into and perform its obligations under this Agreement; and
(ii) this Agreement has been duly and validly authorized, executed and delivered by the Auction Agent and constitutes the legal, valid and binding obligation of the Auction Agent, enforceable against the Auction Agent in accordance with its terms, subject only to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors' rights and to general equitable principles.
Appears in 1 contract
Sources: Auction Agency Agreement (Tortoise Energy Infrastructure Corp)
Representations and Warranties of the Auction Agent. The Auction Agent represents and warrants to the Fund that:
(ia) the Auction Agent is duly organized and is validly existing as a banking corporation in good standing under the laws of the State of New York and has the corporate power to enter into and perform its obligations under this Agreement; and
(iib) this Agreement has been duly and validly authorized, executed and delivered by the Auction Agent and constitutes the legal, valid and binding obligation of the Auction Agent, enforceable against the Auction Agent in accordance with its terms, subject only to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors' rights and to general equitable principles.
Appears in 1 contract
Sources: Auction Agency Agreement (Energy Income & Growth Fund)
Representations and Warranties of the Auction Agent. The Auction Agent represents and warrants to the Fund Corporation that:
(i) the The Auction Agent is duly organized and is validly existing as a banking corporation in good standing under the laws of the State of New York and has the corporate power to enter into and perform its obligations under this Agreement; and
(ii) this Agreement has been duly and validly authorized, executed and delivered by the Auction Agent and constitutes the legal, valid and binding obligation of the Auction Agent, enforceable against the Auction Agent in accordance with its terms, subject to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors' rights and to general equitable principles.
Appears in 1 contract
Sources: Auction Agency Agreement (Gabelli Equity Trust Inc)
Representations and Warranties of the Auction Agent. The Auction Agent represents and warrants to the Fund Company that:
(i) the Auction Agent is duly organized and is validly existing as a banking corporation in good standing under the laws of the State of [New York York] and has the corporate power to enter into and perform its obligations under this Agreement; and
(ii) this Agreement has been duly and validly authorized, executed and delivered by the Auction Agent and constitutes the legal, valid and binding obligation of the Auction Agent, enforceable against the Auction Agent in accordance with its terms, subject only to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors' rights and to general equitable principles.
Appears in 1 contract
Sources: Auction Agency Agreement (Boulder Growth & Income Fund)
Representations and Warranties of the Auction Agent. The Auction Agent represents and warrants to the Fund Trust that:
(i) the The Auction Agent is duly organized and is validly existing as a banking corporation in good standing under the laws of the State of New York and has the corporate power to enter into and perform its obligations under this Agreement; and
(ii) this Agreement has been duly and validly authorized, executed and delivered by the Auction Agent and constitutes the legal, valid and binding obligation of the Auction Agent, enforceable against the Auction Agent in accordance with its terms, subject to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors' ’ rights and to general equitable principlesprincipals.
Appears in 1 contract
Sources: Auction Agency Agreement (BlackRock Preferred & Equity Advantage Trust)
Representations and Warranties of the Auction Agent. The Auction Agent represents and warrants to the Fund that:
(i) the Auction Agent is duly organized and is validly existing as a banking corporation in good standing under the laws of the State of New York and has the corporate power to enter into and perform its obligations under this Agreement; Agreement and
(ii) this Agreement has been duly and validly authorized, executed and delivered by the Auction Agent and constitutes the legal, valid and binding obligation of the Auction Agent, enforceable against the Auction Agent in accordance with its terms, subject only to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors' rights and to general equitable principles.
Appears in 1 contract
Sources: Auction Agency Agreement (First Trust/Four Corners Senior Floating Rate Income Fund)
Representations and Warranties of the Auction Agent. The Auction Agent represents and warrants to the Fund Trust that:
(ia) the The Auction Agent is duly organized and is validly existing as a banking corporation in good standing under the laws of the State of New York and has the corporate power to enter into and perform its obligations under this Agreement; and
(iib) this Agreement has been duly and validly authorized, executed and delivered by the Auction Agent and constitutes the legal, valid and binding obligation of the Auction Agent, enforceable against the Auction Agent in accordance with its terms, subject to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors' rights and to general equitable principles.
Appears in 1 contract
Representations and Warranties of the Auction Agent. (a) The Auction Agent represents and warrants to the Fund Trust that:
(ib) the The Auction Agent is duly organized and is validly existing as a banking corporation in good standing under the laws of the State of New York and has the corporate power to enter into and perform its obligations under this Agreement; and
(iic) this Agreement has been duly and validly authorized, executed and delivered by the Auction Agent and constitutes the legal, valid and binding obligation of the Auction Agent, enforceable against the Auction Agent in accordance with its terms, subject to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors' rights and to general equitable principles.
Appears in 1 contract
Sources: Auction Agency Agreement (Gabelli Dividend & Income Trust)
Representations and Warranties of the Auction Agent. The Auction Agent represents and warrants to the Fund that:
(i) Company that the Auction Agent is duly organized and is validly existing as a banking corporation in good standing under the laws of the State of New York York, and has the corporate power to enter into and perform its obligations under this Agreement; and. The Auction Agent represents and warrants to the Company that:
(iii) this Agreement has been duly and validly authorized, executed and delivered by the Auction Agent and constitutes the legal, valid and binding obligation of the Auction Agent, enforceable against the Auction Agent in accordance with its terms, subject as to such enforceability to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors' rights and to general equitable principles.
Appears in 1 contract
Sources: Auction Agent Agreement (Massachusetts Health & Education Tax Exempt Trust)
Representations and Warranties of the Auction Agent. The Auction Agent represents and warrants to the Fund that:
(i) the The Auction Agent is duly organized and is validly existing as a banking corporation in good standing under the laws of the State of New York and has the corporate power to enter into and perform its obligations under this Agreement; and
(ii) this Agreement has been duly and validly authorized, executed and delivered by the Auction Agent and constitutes the legal, valid and binding obligation of the Auction Agent, enforceable against the Auction Agent in accordance with its terms, subject only to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors' rights and to general equitable principles.. 11
Appears in 1 contract
Sources: Auction Agency Agreement (Pioneer Municipal High Income Trust)