0001169232-05-001769 Sample Contracts

FORM OF DEPOSITARY AGREEMENT

Depositary Agreement • March 22nd, 2005 • Evergreen Utilities & High Income Fund • Massachusetts

• Contract Type
  Depositary Agreement
• Filed
  March 22nd, 2005
• Company
  Evergreen Utilities & High Income Fund
• Jurisdiction
  Massachusetts

This Depositary Agreement is entered into as of this ___ day of ____ by and between Evergreen Utilities and High Income Fund, a company organized and existing under the laws of the State of Delaware (the “Company”), EquiServe, Inc., a Delaware corporation and its fully owned subsidiary EquiServe Trust Company, N.A., national banking association (collectively, the “Depositary” or individually “EQI” and the “Trust Company”, respectively).