EX-99.(A)(1)(III) 4 d64286_exa1iii.htm FORM OF NOTICE OF GUARANTEED DELIVERY
Form of Notice of Guaranteed Delivery
  
Regarding the Offer
  
by
  
EVERGREEN UTILITIES AND HIGH INCOME FUND
 
To Purchase for Cash 519,163 of Its Issued and Outstanding Shares at Net Asset Value Per Share

This form must be used to accept the Offer (as defined below) if a Shareholder’s certificates for Shares are not immediately available, if applicable, or if time will not permit the Letter of Transmittal and other required documents to reach the Depositary on or before the Expiration Date. Each term used in this form that is not otherwise defined herein shall have the meaning specified in the Offer to Purchase dated June 20, 2005. This form must be signed by the Shareholder and sent to the Depositary by hand, overnight courier, mail or facsimile at the appropriate address or facsimile number set forth below. Tenders using this form may be made only by or through an Eligible Institution as defined in Section 4(b) of the Offer to Purchase.

Depositary Addresses:

 
By First Class Mail:   By Registered, Certified Or Express
Mail or Overnight Courier:
  By Hand:
         
 EquiServe Trust Company, N.A.
Attn: Corporate Actions  
P.O. Box 859208
Braintree, MA 02185-9208
  EquiServe Trust Company, N.A.
Attn: Corporate Actions  
161 Bay State Drive
Braintree, MA 02184
  EquiServe Trust Company, N.A.
17 Battery Park Place
 11th Floor
New York, NY 10004
 

By Facsimile:

EquiServe Trust Company, N.A.
(781) 380-3388
Depositary Telephone Number to Confirm Receipt of Notices: (781) 843-1833, ext. 200

DELIVERY OF THIS INSTRUMENT OTHER THAN AS SET FORTH ABOVE DOES NOT
CONSTITUTE VALID DELIVERY.




Ladies and Gentlemen:

                The undersigned hereby tenders to Evergreen Utilities and High Income Fund (the “Fund”), upon the terms and subject to the conditions set forth in its Offer to Purchase dated June 20, 2005 and the related Letter of Transmittal (which together with any amendments or supplements thereto collectively constitute the “Offer”), receipt of which are hereby acknowledged, (i) the number of Shares specified below pursuant to the guaranteed delivery procedures set forth in Section 4(e) of the Offer to Purchase and (ii) the number of Shares specified below held in the name(s) of the registered holder(s) by the Fund’s transfer agent pursuant to the Fund’s Dividend Reinvestment Plan.

(Please Print Except for Signature(s)):

 
Number of Shares Tendered: ______________

Certificate Nos. (if available): ______________

If Shares will be tendered by book-entry transfer
to The Depository Trust Company, please check box: o

DTC Participant Number: _________________ 

Name(s) of Record Holder(s): ______________

Address: ______________________________

Telephone Number, including Area Code: _____________________________________

If the undersigned is the beneficial owner of the Shares being tendered, the undersigned hereby
represents and warrants that at least 20% of the
Shares owned by the undersigned as of the date
of purchase of Shares by the Fund pursuant to
the Offer and all Shares attributed to the
undersigned for Federal income tax purposes as
of such date under Section 318 of the Internal
Revenue Code of 1986, as amended, have been
or will be tendered pursuant to the Offer.

Dated: __________________________, 2005
    Individual(s):  __________________________

_____________________________________

_____________________________________

_____________________________________

Signature(s):___________________________     

_____________________________________

_____________________________________

_____________________________________

Entity:________________________________  

Name of Firm: _________________________    

_____________________________________

Authorized Signature:____________________

Name:________________________________

Title:_________________________________
        



  GUARANTEE  
     
 

     The undersigned, an Eligible Institution as defined in Section 4(b) of the Offer to Purchase, hereby, with respect to the Shares tendered hereby pursuant to the guaranteed delivery procedures set forth in Section 4(e) of the Offer to Purchase: (a) represents that the person(s) named on the previous page “own(s)” such Shares within the meaning of Rule 14e-4 under the Securities Exchange Act of 1934, as amended; (b) represents that the tender of such Shares complies with Rule 14e-4; and (c) guarantees to deliver to the Depositary certificates representing such Shares, in proper form for transfer (or to tender Shares pursuant to the procedure for book-entry transfer into the Depositary’s account at The Depository Trust Company if so specified on the foregoing page), together with a properly completed and duly executed Letter of Transmittal with any required signature guarantees, and any other required documents, prior to 5:00 P.M. Eastern Time on the second American Stock Exchange trading day after the date of execution of this Guarantee.

(Please Print Except for Signature)

 
      
  Name of Firm:            
        Authorized Signature:  
  Name:       Title:     
  Address:       Telephone Number, including Area Code:    
         
  (Include Zip Code)      
  Dated: ___________________, 2005      
  DO NOT SEND SHARE CERTIFICATES WITH THIS FORM. YOUR SHARE CERTIFICATES MUST BE SENT WITH THE LETTER OF TRANSMITTAL.