EX-99.(D)(5) 3 gut_ex99-d5.htm EXHIBIT (D)(5)

 

Exhibit (d)(5)

 

Notice of Guaranteed Delivery For

Common Shares of

 

The Gabelli Utility Trust

 

Subscribed for Via Primary Subscription and

the Over-Subscription Privilege

 

As set forth in the Prospectus Supplement, dated September 9, 2024, and the accompanying Prospectus, dated December 28, 2023 (collectively, the “Prospectus”), for this offering, this form or one substantially equivalent hereto may be used as a means of effecting subscription and payment for all of the Fund’s common shares, par value $0.001 per share (the “Common Shares”), subscribed for via the primary subscription and the over-subscription privilege. Payment must be made in United States dollars, whereby only checks drawn on a bank located in the continental United States and made payable to The Gabelli Utility Trust will be accepted. Such form may be delivered by email, first class mail, express mail or overnight courier to the Subscription Agent and must be received prior to 5:00 p.m., Eastern Time, on October 21, 2024, as such date may be extended from time to time (the “Expiration Date”). The terms and conditions of the offering set forth in the Prospectus are incorporated by reference herein. Capitalized terms used and not otherwise defined herein have the meaning attributed to them in the Prospectus.

 

THE SUBSCRIPTION AGENT IS:

 

Computershare Trust Company, N.A.

 

BY FIRST CLASS MAIL:   BY EXPRESS MAIL OR
OVERNIGHT COURIER:
  VIA EMAIL:
       
The Gabelli Utility Trust
c/o Computershare Trust Company, N.A.
Attn: Volunteer
Corporate Actions: COY GUT
P.O. Box 43011
Providence, RI 02940-3011
  The Gabelli Utility Trust
c/o Computershare Trust Company, N.A.
Attn: Volunteer
Corporate Actions: COY GUT
150 Royall Street, Suite V Canton,
Massachusetts 02021
 

canoticeofguarantee@

computershare.com
 
*This email address can only be used for delivery of this Notice of Guaranteed Delivery.*

 

DELIVERY OF THIS INSTRUMENT TO AN ADDRESS, OTHER THAN AS SET FORTH ABOVE, DOES NOT CONSTITUTE A VALID DELIVERY.

 

The New York Stock Exchange member firm or bank or trust company that completes this form must communicate this guarantee and the number of Common Shares subscribed for in connection with this guarantee (separately disclosed as to the primary subscription and the over-subscription privilege) to the Subscription Agent and must deliver this Notice of Guaranteed Delivery, to the Subscription Agent, prior to 5:00 p.m. Eastern Time, on the Expiration Date, guaranteeing delivery of a properly completed and signed Subscription Certificate (which certificate must then be delivered to the Subscription Agent no later than the close of business of the second Business Day after the Expiration Date). Failure to do so will result in a forfeiture of the Rights. Payment of the full Subscription Price for the Common Shares subscribed for must accompany this Notice of Guaranteed Delivery.

 

GUARANTEE

 

The undersigned, a member firm of the New York Stock Exchange or a bank or trust company having an office or correspondent in the United States, guarantees delivery to the Subscription Agent by no later than 5:00 p.m., Eastern Time, on the first Business Day after the Expiration Date of a properly completed and executed Subscription Certificate, as subscription for such Common Shares as indicated herein or in the Subscription Certificate. Participants should notify the Depositary prior to covering through the submission of a physical security directly to the Depositary based on a guaranteed delivery that was submitted via DTC’s PTOP platform.

 

 

 

 

BROKER ASSIGNED CONTROL #     

 

THE GABELLI UTILITY TRUST

 

1. Primary Subscription   Number of Rights to be exercised   Number of primary Common Shares requested for which you are guaranteeing delivery of Rights  

Payment to be made in connection with primary Common Shares

               
      Rights ____________________   Common Shares ____________________   $ ____________________
               
2. Over-Subscription   Not applicable   Number of over-subscription Common Shares requested pursuant to the over-subscription privilege   Payment to be made in connection with over-subscription Common Shares
               
          Common Shares ____________________   $ ____________________
               
3. Totals   Total Number of Rights Exercised   Total number of Common Shares subscribed for and/or requested    
               
      Rights ____________________   Common Shares ____________________   $ ____________________
              Total Payment

 

Method of delivery (circle one):

 

A. Through DTC

 

B. Direct to Computershare Trust Company, N.A., as Subscription Agent.

 

Please reference below the registration of the Rights to be delivered.

 

     
     
     
     
     

 

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PLEASE ASSIGN A UNIQUE CONTROL NUMBER FOR EACH GUARANTEE SUBMITTED. This number needs to be referenced on any direct delivery of Rights or any delivery through DTC.

 

Name of Firm      
      Authorized Signature

 

     
DTC Participant Number   Title
     
     
Address   Name (Please Type or Print)
     
     
Zip Code   Phone Number
     
     
Contact Name   Date

 

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BENEFICIAL OWNER LISTING CERTIFICATION

The Gabelli Utility Trust Rights Offering

 

The undersigned, a bank, broker or other nominee holder of Rights (“Rights”) to purchase common shares, $0.001 par value per share (“Common Shares”), of The Gabelli Utility Trust (the “Fund”) pursuant to the rights offering (the “Offer”) described and provided for in the Fund’s Prospectus Supplement, dated September 9, 2024, and the accompanying Prospectus, dated December 28, 2023 (collectively the “Prospectus”), hereby certifies to the Fund and to Computershare Trust Company, N.A., as Subscription Agent for such Offer, that for each numbered line filled in below, the undersigned has exercised, on behalf of the beneficial owner thereof (which may be the undersigned), the number of Rights specified on such line pursuant to the primary subscription (as specified in the Prospectus) and such beneficial owner wishes to subscribe for the purchase of additional Common Shares pursuant to the over-subscription privilege (as specified in the Prospectus), in the amount set forth in the third column of such line.

 

  Number of Record Date
Common Shares Owned
  NUMBER OF RIGHTS
exercised pursuant to the
Primary Subscription
  NUMBER OF COMMON SHARES
requested pursuant to the
Over-Subscription Privilege
1.          
2.          
3.          
4.          
5.          
6.          
7.          
8.          
9.          
10.          
           

 

     
Name of Nominee Holder    

 

By:    
Name:    
Title:    
Dated:   , 2024  

 

Provide the following information, if applicable:

 

     
Depository Trust Corporation (“DTC”) Participant Number    

 

     
    Name of Broker
     
     
DTC Primary Subscription Confirmation Number(s)   Address

 

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