Appointment Contract Clauses (1,103)

Appointment. The Company hereby appoints the Adviser to serve as its Adviser and asset manager on the terms and conditions set forth in this Agreement, and the Adviser hereby accepts such appointment.

Appointment. 1.1 Company is making an offer (the "Subscription Offer") to issue to holders of record of its outstanding shares of common stock, par value $0.001 per share (the "Common Stock"), at the close of business on September 20, 2021 (the "Record Date"), the right to subscribe for and purchase (each, a "Right", and collectively, the "Rights") shares of common stock (the "Additional Common Stock") at a purchase price based on a formula equal to 92.5% of the average of the last reported sales price of a... Common Stock on the New York Stock Exchange (the "NYSE") on the Expiration Date (as defined below) and each of the four (4) preceding trading days (except that if the formula price is less than 86% of the net asset value per Common Stock on the expiration date, then the subscription price will be 86% of the net asset value per Common Stock as of the close of trading on the NYSE on the expiration date (the "Subscription Price"), payable as described on the Subscription Form (as defined below) sent to eligible shareholders, upon the terms and conditions set forth herein. The term "Subscribed" shall mean submitted for purchase from Company by a stockholder in accordance with the terms of the Subscription Offer, and the term "Subscription(s)" shall mean any such submission. Company hereby appoints Agent to act as subscription agent in connection with the Subscription Offer and Agent hereby accepts such appointment in accordance with and subject to the terms and conditions of this Agreement. 1.2 The Subscription Offer will expire at 5:00pm, Eastern Time, on October 14, 2021 (the "Expiration Time"), unless Company shall have extended the period of time for which the Subscription Offer is open, in which event the term "Expiration Time" shall mean the latest time and date at which the Subscription Offer, as so extended by Company from time to time, shall expire. 1.3 Company has a shelf registration statement and supplement relating to the Additional Common Stock with the Securities and Exchange Commission under the Securities Act of 1933, as amended (the "1933 Act"), on August 26, 2021, and such registration statement became effective on September 9, 2021. The terms of the Additional Common Stock are more fully described in the prospectus forming a part of the registration statement as it became effective. All terms used and not defined herein shall have the same meaning(s) as in the prospectus. 1.4 Promptly after the Record Date, Company will furnish Agent with, or will instruct Agent, in its capacity as transfer agent for Company, to prepare, a certified list in a format acceptable to Agent of holders of record of the Common Stock at the Record Date, including each such holder's name, address, taxpayer identification number ("TIN"), share amount with applicable tax lot detail, any certificate detail and information regarding any applicable account stops or blocks (the "Record Stockholders List"). 1.5 No later than the earlier of (i) forty-five (45) days after the Record Date or (ii) January 15 of the year following the year in which the Record Date occurs, Company shall deliver to Agent written direction on the adjustment of cost basis for covered securities that arise from or are affected by the Subscription Offer in accordance with current Internal Revenue Service regulations (see the Tax Instruction/Cost Basis Information Letter attached hereto as Exhibit B for additional information) 2. Subscription of Rights. 2.1 The Rights entitle the holders to subscribe, upon payment of the Subscription Price, for shares of the Additional Common Stock at the rate of 1/3 share(s) for each Right (the "Basic Subscription Form of Subscription Agent Agreement - clean Page 2 Privilege"). No fractional Rights will be issued, but the Subscription Offer includes a step-up privilege entitling the holder of fewer than 3 Rights to subscribe for and pay the Subscription Price for one full share of the Common Stock. 2.2 If subscribing shareholders who exercise their Rights in full are entitled to exercise an oversubscription right, then Company shall provide Agent with instructions regarding the allocation to such shareholders of the Additional Common Stock after the initial allocation thereof. 2.3 Except as otherwise indicated to Agent by Company in writing, all of the Common Stock delivered hereunder upon the exercise of the Rights will be delivered free of restrictive legends. Company shall, if applicable, inform Agent as soon as possible in advance as to whether any Common Stock issued hereunder is to be issued with restrictive legend(s) and, if so, Company shall provide the appropriate legend(s) and a list identifying the affected shareholders, certificate numbers (if applicable) and share amounts for such affected shareholders. View More

Appointment. The Parties hereby appoint and designate Escrow Agent to acquire and maintain possession of the Escrow Funds and to act as their escrow agent for the purposes set forth herein, and Escrow Agent hereby accepts such appointment under the terms and conditions set forth herein and agrees to assume and perform its duties and obligations pursuant to the terms and conditions set forth herein. Escrow Agent shall hold the Escrow Funds (as defined below) in accordance with, and shall not disburse or... release any of the Escrow Funds except in accordance with, the terms and conditions set forth in this Agreement. View More

Appointment. The Trust hereby appoints Sponsor as commodity pool operator for the Funds, with full power to supervise and direct the investment of the assets of the Funds as set forth herein. Sponsor hereby accepts such appointment and agrees to render services on the terms and conditions set forth in this Agreement.