EX-99.(D)(5) 3 d435009dex99d5.htm FORM OF NOTICE OF GUARANTEED DELIVERY Form of Notice of Guaranteed Delivery

Notice of Guaranteed Delivery

For Payment for Common Shares

The Gabelli Utility Trust

Subscribed for Via Primary Subscription

and the Over-Subscription Privilege

As set forth in the Prospectus Supplement for this offering, this form or one substantially equivalent hereto may be used as a means of effecting subscription and payment for additional common shares of the Fund (the “Shares”) subscribed for via the Primary Subscription and the Over-Subscription Privilege. Such form may be delivered by first class mail, express mail or overnight courier or sent by facsimile to the Subscription Agent.

THE SUBSCRIPTION AGENT IS:

 

BY MAIL:   

BY EXPRESS MAIL OR

OVERNIGHT COURIER:

   BY FACSIMILE:

Computershare Trust Company, N.A.

Corporate Actions Voluntary Offer

P.O. Box 43011

Providence, Rhode Island 02940-3011

  

Computershare Trust Company, N.A.

Corporate Actions Voluntary Offer

250 Royall Street

Suite V

Canton, Massachusetts 02021

   (617) 360-6810

DELIVERY OF THIS INSTRUMENT TO AN ADDRESS, OR TRANSMISSION OF INSTRUCTIONS VIA A TELECOPY FACSIMILE NUMBER, OTHER THAN AS SET FORTH ABOVE, DOES NOT CONSTITUTE A VALID DELIVERY.

Telephone number to confirm receipt: (781) 575-2332.

The New York Stock Exchange member firm or bank or trust company which completes this form must communicate this guarantee and the number of 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 prior to 5:00 p.m. Eastern Time, on the Expiration Date of December 14, 2012, (a) this Notice of Guaranteed Delivery, to the Subscription Agent, guaranteeing delivery of payment in full for all subscribed Shares and (b) a properly completed and signed copy of the Subscription Certificate (which certificate and full payment must then be delivered to the Subscription Agent no later than the close of business of the third business day after the Expiration Date. Failure to do so will result in a forfeiture of the Rights.

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 December 19, 2012, of payment of the full Subscription price for Shares subscribed for in the Primary Subscription and for any additional Shares subscribed for pursuant to the Over-Subscription Privilege in the manner described on the other side of this form.

 

CORP ACTION VOLUN_GUT


BROKER ASSIGNED CONTROL #                                                          

THE GABELLI UTILITY TRUST

 

1. Primary Subscription   

Number of Rights

to be exercised

   Number of Primary Shares requested for which you are guaranteeing delivery of Rights and Payment    Payment to be made in connection with Primary Shares
   Rights                     Shares                     $            
2. Over-Subscription    Not applicable    Number of Over-Subscription Shares requested for which you are guaranteeing payment    Payment to be made in connection with Over-Subscription Shares
      Shares                     $            
3. Totals    Total Number of Rights Exercised    Total Number of Shares Requested   
   Rights                     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.

 

 

 

 

 

 

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

CORP ACTION VOLUN_GUT

 

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