Regulatory Filings • Nov 30, 2009
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Download Source FileN-Q 1 p16333nvq.htm N-Q nvq PAGEBREAK
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM N-Q
QUARTERLY SCHEDULE OF PORTFOLIO HOLDINGS OF REGISTERED MANAGEMENT INVESTMENT COMPANY
Investment Company Act file number 811-09243
The Gabelli Utility Trust
(Exact name of registrant as specified in charter)
One Corporate Center Rye, New York 10580-1422
(Address of principal executive offices) (Zip code)
Bruce N. Alpert Gabelli Funds, LLC One Corporate Center Rye, New York 10580-1422
(Name and address of agent for service)
Registrants telephone number, including area code: 1-800-422-3554
Date of fiscal year end: December 31
Date of reporting period: September 30, 2009
Form N-Q is to be used by management investment companies, other than small business investment companies registered on Form N-5 (§§ 239.24 and 274.5 of this chapter), to file reports with the Commission, not later than 60 days after the close of the first and third fiscal quarters, pursuant to rule 30b1-5 under the Investment Company Act of 1940 (17 CFR 270.30b1-5). The Commission may use the information provided on Form N-Q in its regulatory, disclosure review, inspection, and policymaking roles.
A registrant is required to disclose the information specified by Form N-Q, and the Commission will make this information public. A registrant is not required to respond to the collection of information contained in Form N-Q unless the Form displays a currently valid Office of Management and Budget (OMB) control number. Please direct comments concerning the accuracy of the information collection burden estimate and any suggestions for reducing the burden to the Secretary, Securities and Exchange Commission, 100 F Street, NE, Washington, DC 20549. The OMB has reviewed this collection of information under the clearance requirements of 44 U.S.C. § 3507.
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TOC /TOC link2 "Item 1. Schedule of Investments"
Item 1. Schedule of Investments.
The Schedule(s) of Investments is attached herewith.
The Gabelli Utility Trust
Third Quarter Report September 30, 2009
To Our Shareholders,
During the third quarter of 2009, The Gabelli Utility Trusts (the Fund) total return was 15.6% on a net asset value (NAV) basis compared with the Standard & Poors (S&P) 500 Utilities Index and the Lipper Utility Fund Average of 6.2% and 9.6%, respectively.
Enclosed is the investment portfolio as of September 30, 2009.
Comparative Results
| Average Annual Returns
through September 30, 2009 (a) | | | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| | | | | | | | | | Since | | |
| | Year to | | | | | | | | Inception | | |
| Quarter | Date | 1 Year | | 3 Year | | 5 Year | 10 Year | | (07/09/99) | | |
| Gabelli Utility Trust | | | | | | | | | | | |
| NAV Total Return (b) | 15.60 % | 11.05 % | (3.33 | )% | (2.15 | )% | 4.97 % | 6.52 | % | 6.38 | % |
| Investment Total Return (c) | 8.85 | 37.39 | (8.20 | ) | 1.52 | | 3.59 | 7.71 | | 8.69 | |
| S&P 500 Index | 15.59 | 19.27 | (6.91 | ) | (5.43 | ) | 1.01 | (0.15 | ) | (0.93 | ) |
| S&P 500 Utilities Index | 6.15 | 4.33 | (7.06 | ) | (1.16 | ) | 7.00 | 3.60 | | 2.93 | |
| Lipper Utility Fund Average | 9.64 | 10.09 | (4.84 | ) | (1.39 | ) | 6.71 | 3.73 | | 3.23 | |
| (a) | Returns represent past performance and do not guarantee future results. Investment returns and
the principal value of an investment will fluctuate. When shares are sold, they may be worth more
or less than their original cost. Current performance may be lower or higher than the performance
data presented. Visit www.gabelli.com for performance information as of the most recent month end.
Performance returns for periods of less than one year are not annualized. Investors should
carefully consider the investment objectives, risks, charges, and expenses of the Fund before
investing. The S&P 500 Index is an unmanaged indicator of stock market performance. The S&P 500
Utilities Index is an unmanaged indicator of electric and gas utility stock performance.
The Lipper Utility Fund Average reflects the average performance of open-end mutual funds
classified in this particular category. Dividends are considered reinvested. You cannot invest
directly in an index. |
| --- | --- |
| (b) | Total returns and average annual returns reflect changes in the NAV per share, reinvestment of
distributions at NAV on the ex-dividend date, and adjustments for rights offerings and are net of
expenses. Since inception return is based on an initial NAV of $7.50. |
| (c) | Total returns and average annual returns reflect changes in closing market values on the New
York Stock Exchange, reinvestment of distributions, and adjustments for rights offerings. Since
inception return is based on an initial offering price of $7.50. |
We have separated the portfolio managers commentary from the financial statements and investment portfolio due to corporate governance regulations stipulated by the Sarbanes-Oxley Act of 2002. We have done this to ensure that the content of the portfolio managers commentary is unrestricted. The financial statements and investment portfolio are mailed separately from the commentary. Both the commentary and the financial statements, including the portfolio of investments, will be available on our website at www.gabelli.com.
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THE GABELLI UTILITY TRUST SCHEDULE OF INVESTMENTS September 30, 2009 (Unaudited)
| Shares | Market — Value | |
|---|---|---|
| COMMON STOCKS 98.5% | ||
| ENERGY AND UTILITIES 84.5% | ||
| Energy and Utilities: Alternative Energy 0.3% | ||
| 20,000 | Ormat Industries Ltd. | $ 167,795 |
| 12,500 | Ormat Technologies Inc. | 510,250 |
| 9,000 | Renegy Holdings Inc. | 12,150 |
| 690,195 | ||
| Energy and Utilities: Electric Integrated 48.1% | ||
| 247,000 | Allegheny Energy Inc. | 6,550,440 |
| 23,000 | ALLETE Inc. | 772,110 |
| 75,000 | Alliant Energy Corp. | 2,088,750 |
| 20,000 | Ameren Corp. | 505,600 |
| 80,000 | American Electric Power Co. Inc. | 2,479,200 |
| 10,000 | Avista Corp. | 202,200 |
| 45,000 | Black Hills Corp. | 1,132,650 |
| 26,000 | Central Vermont Public Service Corp. | 501,800 |
| 30,000 | Cleco Corp. | 752,400 |
| 145,000 | CMS Energy Corp. | 1,943,000 |
| 160,000 | Constellation Energy Group Inc. | 5,179,200 |
| 33,000 | Dominion Resources Inc. | 1,138,500 |
| 160,000 | DPL Inc. | 4,176,000 |
| 24,000 | DTE Energy Co. | 843,360 |
| 190,000 | Duke Energy Corp. | 2,990,600 |
| 90,000 | Edison International | 3,022,200 |
| 193,000 | El Paso Electric Co. | 3,410,310 |
| 3,000 | Entergy Corp. | 239,580 |
| 51,000 | FirstEnergy Corp. | 2,331,720 |
| 130,000 | Florida Public Utilities Co. | 1,579,500 |
| 95,000 | FPL Group Inc. | 5,246,850 |
| 245,000 | Great Plains Energy Inc. | 4,397,750 |
| 60,000 | Hawaiian Electric Industries Inc. | 1,087,200 |
| 92,000 | Integrys Energy Group Inc. | 3,301,880 |
| 61,000 | Maine & Maritimes Corp. | 2,192,950 |
| 65,000 | MGE Energy Inc. | 2,371,200 |
| 48,000 | NiSource Inc. | 666,720 |
| 115,000 | NorthWestern Corp. | 2,809,450 |
| 35,000 | NV Energy Inc. | 405,650 |
| 100,000 | OGE Energy Corp. | 3,308,000 |
| 24,000 | Otter Tail Corp. | 574,320 |
| 48,000 | PG&E Corp. | 1,943,520 |
| 100,000 | PNM Resources Inc. | 1,168,000 |
| 100,000 | Progress Energy Inc. | 3,906,000 |
| 40,000 | Progress Energy Inc., CVO | 9,200 |
| 38,000 | Public Service Enterprise Group Inc. | 1,194,720 |
| 60,500 | SCANA Corp. | 2,111,450 |
| 104,000 | TECO Energy Inc. | 1,464,320 |
| 25,000 | The Empire District Electric Co. | 452,250 |
| 150,000 | Unisource Energy Corp. | 4,612,500 |
| 18,000 | Unitil Corp. | 404,100 |
| 47,000 | Vectren Corp. | 1,082,880 |
| 260,000 | Westar Energy Inc. | 5,072,600 |
| 90,000 | Wisconsin Energy Corp. | 4,065,300 |
| 195,000 | Xcel Energy Inc. | 3,751,800 |
| 99,439,730 | ||
| Energy and Utilities: Electric Transmission and | ||
| Distribution 7.8% | ||
| 243 | Brookfield Infrastructure Partners LP | 4,000 |
| 50,000 | CH Energy Group Inc. | 2,215,500 |
| 60,000 | Consolidated Edison Inc. | 2,456,400 |
| 135,000 | Northeast Utilities | 3,204,900 |
| 215,000 | NSTAR | 6,841,300 |
| 22,500 | Pepco Holdings Inc. | 334,800 |
| 36,666 | UIL Holdings Corp. | 967,616 |
| 16,024,516 | ||
| Energy and Utilities: Global Utilities 4.3% | ||
| 1,500 | Areva SA | 865,722 |
| 8,000 | Chubu Electric Power Co. Inc. | 194,285 |
| 40,000 | Electric Power Development Co. Ltd. | 1,267,755 |
| 45,000 | Endesa SA | 1,486,918 |
| 304,000 | Enel SpA | 1,929,583 |
| 300,000 | Hera SpA | 730,069 |
| 8,000 | Hokkaido Electric Power Co. Inc. | 166,479 |
| 8,000 | Hokuriku Electric Power Co. | 203,643 |
| 3,500 | Huaneng Power International Inc., ADR | 93,240 |
| 35,000 | Korea Electric Power Corp., ADR | 533,400 |
| 8,000 | Kyushu Electric Power Co. Inc. | 181,362 |
| 2,000 | Niko Resources Ltd. | 156,447 |
| 8,000 | Shikoku Electric Power Co. Inc. | 244,193 |
| 8,000 | The Chugoku Electric Power Co. Inc. | 175,926 |
| 8,000 | The Kansai Electric Power Co. Inc. | 193,394 |
| 8,000 | The Tokyo Electric Power Co. Inc. | 209,881 |
| 15,000 | Tohoku Electric Power Co. Inc. | 334,206 |
| 8,966,503 | ||
| Energy and Utilities: Merchant Energy 2.7% | ||
| 35,810 | Dynegy Inc., Cl. A | 91,316 |
| 8,130 | Mirant Corp. | 133,576 |
| 300,000 | Mirant Corp., Escrow (a) | 0 |
| 360,000 | The AES Corp. | 5,335,200 |
| 5,560,092 | ||
| Energy and Utilities: Natural Gas Integrated 7.0% | ||
| 205,000 | El Paso Corp. | 2,115,600 |
| 1,000 | Energen Corp. | 43,100 |
| 130,000 | National Fuel Gas Co. | 5,955,300 |
| 2,000 | Occidental Petroleum Corp. | 156,800 |
| 100,000 | ONEOK Inc. | 3,662,000 |
| 120,000 | Southern Union Co. | 2,494,800 |
| 14,427,600 |
See accompanying notes to schedule of investments.
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THE GABELLI UTILITY TRUST SCHEDULE OF INVESTMENTS (Continued) September 30, 2009 (Unaudited)
| Shares | Market — Value | |
|---|---|---|
| COMMON STOCKS (Continued) | ||
| ENERGY AND UTILITIES (Continued) | ||
| Energy and Utilities: Natural Gas Utilities 6.9% | ||
| 26,000 | AGL Resources Inc. | $ 917,020 |
| 50,000 | Atmos Energy Corp. | 1,409,000 |
| 12,100 | Corning Natural Gas Corp. | 187,550 |
| 30,000 | Delta Natural Gas Co. Inc. | 795,000 |
| 11,445 | GDF Suez | 508,222 |
| 11,445 | GDF Suez, Strips | 17 |
| 90,000 | Nicor Inc. | 3,293,100 |
| 35,000 | Piedmont Natural Gas Co. Inc. | 837,900 |
| 6,000 | RGC Resources Inc. | 165,240 |
| 150,000 | Southwest Gas Corp. | 3,837,000 |
| 120,000 | Spectra Energy Corp. | 2,272,800 |
| 14,222,849 | ||
| Energy and Utilities: Natural Resources 1.4% | ||
| 6,000 | Anadarko Petroleum Corp. | 376,380 |
| 35,000 | Compania de Minas Buenaventura SA, ADR | 1,232,350 |
| 14,000 | Exxon Mobil Corp. | 960,540 |
| 3,000 | Peabody Energy Corp. | 111,660 |
| 4,000 | Royal Dutch Shell plc, Cl. A, ADR | 228,760 |
| 2,909,690 | ||
| Energy and Utilities: Services 0.5% | ||
| 50,000 | ABB Ltd., ADR | 1,002,000 |
| 3,000 | Tenaris SA, ADR | 106,860 |
| 1,108,860 | ||
| Energy and Utilities: Water 3.1% | ||
| 14,000 | American States Water Co. | 506,520 |
| 30,000 | American Water Works Co. Inc. | 598,200 |
| 21,833 | Aqua America Inc. | 385,134 |
| 24,750 | Artesian Resources Corp., Cl. A | 416,295 |
| 20,000 | California Water Service Group | 778,800 |
| 7,500 | Connecticut Water Service Inc. | 167,925 |
| 51,333 | Middlesex Water Co. | 774,102 |
| 33,000 | Pennichuck Corp. | 718,080 |
| 80,000 | SJW Corp. | 1,828,000 |
| 8,101 | Southwest Water Co. | 39,857 |
| 9,000 | The York Water Co. | 124,740 |
| 6,337,653 | ||
| Diversified Industrial 1.7% | ||
| 2,800 | Alstom SA | 204,337 |
| 5,000 | Bouygues SA | 254,258 |
| 10,000 | Cooper Industries plc, Cl. A | 375,700 |
| 165,000 | General Electric Co. | 2,709,300 |
| 3,543,595 | ||
| Equipment and Supplies 0.1% | ||
| 50,000 | Capstone Turbine Corp. | 66,000 |
| 2,000 | Mueller Industries Inc. | 47,740 |
| 113,740 |
| Shares/ | Market | |
|---|---|---|
| Units | Value | |
| Environmental Services 0.0% | ||
| 3,000 | Suez Environnement Co. SA | $ 68,529 |
| Independent Power Producers and | ||
| Energy Traders 0.6% | ||
| 40,000 | NRG Energy Inc. | 1,127,600 |
| TOTAL ENERGY AND UTILITIES | 174,541,152 | |
| COMMUNICATIONS 11.9% | ||
| Cable and Satellite 4.0% | ||
| 100,000 | Cablevision Systems Corp., Cl. A | 2,375,000 |
| 5,000 | Cogeco Cable Inc. | 141,596 |
| 20,000 | Cogeco Inc. | 476,159 |
| 65,000 | DISH Network Corp., Cl. A | 1,251,900 |
| 10,000 | EchoStar Corp., Cl. A | 184,600 |
| 35,000 | Liberty Global Inc., Cl. A | 789,950 |
| 20,000 | Liberty Global Inc., Cl. C | 449,200 |
| 8,000 | Rogers Communications Inc., Cl. B | 225,600 |
| 65,000 | The DIRECTV Group Inc. | 1,792,700 |
| 12,000 | Time Warner Cable Inc. | 517,080 |
| 2,112 | Zon Multimedia Servicos de | |
| Telecomunicacoes e Multimedia | ||
| SGPS SA | 14,322 | |
| 8,218,107 | ||
| Communications Equipment 0.6% | ||
| 3,000 | QUALCOMM Inc. | 134,940 |
| 260,000 | The Furukawa Electric Co. Ltd. | 1,057,205 |
| 1,192,145 | ||
| Telecommunications 4.5% | ||
| 50,000 | AT&T Inc. | 1,350,500 |
| 2,000 | Belgacom SA | 77,909 |
| 4,350 | Bell Aliant Regional Communications | |
| Income Fund (a)(b) | 113,441 | |
| 30,000 | BT Group plc, ADR | 624,300 |
| 2,000 | CenturyTel Inc. | 67,200 |
| 230,000 | Cincinnati Bell Inc. | 805,000 |
| 2,000 | Comstar United Telesystems | |
| OJSC, GDR | 10,500 | |
| 20,000 | D&E Communications Inc. | 229,800 |
| 65,000 | Deutsche Telekom AG, ADR | 887,900 |
| 2,000 | France Telecom SA, ADR | 53,840 |
| 6,000 | Frontier Communications Corp. | 45,240 |
| 200 | Hutchison Telecommunications | |
| Hong Kong Holdings Ltd. | 34 | |
| 200 | Hutchison Telecommunications | |
| International Ltd. | 41 | |
| 500 | Mobistar SA | 34,601 |
| 20,000 | Nippon Telegraph & Telephone Corp. | 926,865 |
| 2,000 | Orascom Telecom Holding SAE, GDR | 62,180 |
| 15,000 | Portugal Telecom SGPS SA | 158,811 |
See accompanying notes to schedule of investments.
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THE GABELLI UTILITY TRUST SCHEDULE OF INVESTMENTS (Continued) September 30, 2009 (Unaudited)
| Shares | Market — Value | |
|---|---|---|
| COMMON STOCKS (Continued) | ||
| COMMUNICATIONS (Continued) | ||
| Telecommunications (Continued) | ||
| 2,000 | PT Indosat Tbk | $ 1,128 |
| 500 | Rostelecom, ADR | 14,680 |
| 500 | Sistema JSFC, GDR (c) | 7,300 |
| 1,200 | Tele2 AB, Cl. B | 15,922 |
| 27,000 | Telekom Austria AG | 486,771 |
| 40,000 | Touch America Holdings Inc. (a) | 0 |
| 115,000 | Verizon Communications Inc. | 3,481,050 |
| 9,455,013 | ||
| Wireless Communications 2.8% | ||
| 600 | America Movil SAB de CV, Cl. L, ADR | 26,298 |
| 2,000 | China Mobile Ltd., ADR | 98,220 |
| 2,000 | China Unicom Hong Kong Ltd., ADR | 28,480 |
| 7,000 | Millicom International Cellular SA | 509,180 |
| 4,500 | Mobile TeleSystems OJSC, ADR | 217,215 |
| 171 | MobileOne Ltd. | 215 |
| 1,200 | NTT DoCoMo Inc. | 1,917,006 |
| 600 | SK Telecom Co. Ltd., ADR | 10,470 |
| 200 | SmarTone Telecommunications Holdings Ltd. | 154 |
| 22,000 | Turkcell Iletisim Hizmetleri A/S, ADR | 393,140 |
| 30,000 | United States Cellular Corp. | 1,172,100 |
| 75,000 | Vimpel-Communications, ADR | 1,402,500 |
| 5,774,978 | ||
| TOTAL COMMUNICATIONS | 24,640,243 | |
| OTHER 2.1% | ||
| Aerospace 0.3% | ||
| 75,000 | Rolls-Royce Group plc | 564,310 |
| Agriculture 0.0% | ||
| 3,000 | Cadiz Inc. | 35,100 |
| Automotive: Parts and Accessories 0.0% | ||
| 1,000 | BERU AG | 111,201 |
| Entertainment 1.4% | ||
| 30,000 | Time Warner Inc. | 863,400 |
| 64,000 | Vivendi | 1,980,333 |
| 2,843,733 | ||
| Publishing 0.0% | ||
| 8,000 | Idearc Inc. | 200 |
| Real Estate 0.1% | ||
| 6,075 | Brookfield Asset Management Inc., | |
| Cl. A | 137,963 | |
| Transportation 0.3% | ||
| 20,000 | GATX Corp. | 559,000 |
| TOTAL OTHER | 4,251,507 | |
| TOTAL COMMON STOCKS | 203,432,902 | |
| CONVERTIBLE PREFERRED STOCKS 0.9% | ||
| ENERGY AND UTILITIES 0.9% | ||
| Energy and Utilities: Natural Gas Integrated 0.9% | ||
| 2,000 | El Paso Corp., 4.990% Cv. Pfd. (b) | 1,861,700 |
| WARRANTS 0.1% | ||
| ENERGY AND UTILITIES 0.0% | ||
| Energy and Utilities: Merchant Energy 0.0% | ||
| 26,107 | Mirant Corp., Ser. A, expire 01/03/11 | 38,638 |
| COMMUNICATIONS 0.1% | ||
| Wireless Communications 0.1% | ||
| 18,000 | Bharti Airtel Ltd., expire 09/19/13 (b) | 156,672 |
| TOTAL WARRANTS | 195,310 |
| Principal | |||
|---|---|---|---|
| Amount | |||
| CONVERTIBLE CORPORATE BONDS 0.0% | |||
| ENERGY AND UTILITIES 0.0% | |||
| Environmental Services 0.0% | |||
| $ 100,000 | Covanta Holding Corp., Cv., | ||
| 3.250%, 06/01/14 (b) | 111,000 | ||
| U.S. GOVERNMENT OBLIGATIONS 0.5% | |||
| 1,070,000 | U.S. Treasury Bills, 0.066% to 0.178%, | ||
| 10/29/09 to 12/31/09 | 1,069,815 | ||
| TOTAL INVESTMENTS 100.0% (Cost $202,922,672) | $ 206,670,727 | ||
| Aggregate book cost | $ 202,922,672 | ||
| Gross unrealized appreciation | $ 21,920,176 | ||
| Gross unrealized depreciation | (18,172,121 | ) | |
| Net unrealized appreciation/depreciation | $ 3,748,055 |
| (a) | Security fair valued under procedures established by the Board of Trustees. The procedures may
include reviewing available financial information about the company and reviewing the valuation of
comparable securities and other factors on a regular basis. At September 30, 2009, the market value
of fair valued securities amounted to $113,441 or 0.05% of total investments. |
| --- | --- |
| (b) | Security exempt from registration under Rule 144A of the Securities Act of 1933, as
amended. These securities may be resold in transactions exempt from registration, normally to
qualified institutional buyers. At September 30, 2009, the market value of Rule 144A securities
amounted to $2,242,813 or 1.09% of total investments. |
| (c) | At September 30, 2009, the Fund held an
investment in a restricted security amounting to
$7,300 or 0.00% of total investments, which was
valued under methods approved by Board of Trustees
as follows: |
| Acquisition | Acquisition | Acquisition | 09/30/09 — Carrying Value | |
|---|---|---|---|---|
| Shares | Issuer | Date | Cost | Per Unit |
| 500 | Sistema JSFC, GDR | 10/10/07 | $ 17,384 | $ 14.6000 |
| | Non-income producing security. |
|---|---|
| | Represents annualized yield at date of purchase. |
| ADR | American Depositary Receipt |
| CVO | Contingent Value Obligation |
| GDR | Global Depositary Receipt |
See accompanying notes to schedule of investments.
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THE GABELLI UTILITY TRUST NOTES TO SCHEDULE OF INVESTMENTS (Unaudited)
1. Security Valuation. Portfolio securities listed or traded on a nationally recognized securities exchange or traded in the U.S. over-the-counter market for which market quotations are readily available are valued at the last quoted sale price or a markets official closing price as of the close of business on the day the securities are being valued. If there were no sales that day, the security is valued at the average of the closing bid and asked prices or, if there were no asked prices quoted on that day, then the security is valued at the closing bid price on that day. If no bid or asked prices are quoted on such day, the security is valued at the most recently available price or, if the Board of Trustees (the Board) so determines, by such other method as the Board shall determine in good faith to reflect its fair market value. Portfolio securities traded on more than one national securities exchange or market are valued according to the broadest and most representative market, as determined by Gabelli Funds, LLC (the Adviser).
Portfolio securities primarily traded on a foreign market are generally valued at the preceding closing values of such securities on the relevant market, but may be fair valued pursuant to procedures established by the Board if market conditions change significantly after the close of the foreign market but prior to the close of business on the day the securities are being valued. Debt instruments with remaining maturities of sixty days or less that are not credit impaired are valued at amortized cost, unless the Board determines such amount does not reflect the securities fair value, in which case these securities will be fair valued as determined by the Board. Debt instruments having a maturity greater than sixty days for which market quotations are readily available are valued at the average of the latest bid and asked prices. If there were no asked prices quoted on such day, the security is valued using the closing bid price. Futures contracts are valued at the closing settlement price of the exchange or board of trade on which the applicable contract is traded.
Securities and assets for which market quotations are not readily available are fair valued as determined by the Board.
The inputs and valuation techniques used to measure fair value of the Funds investments are summarized into three levels as described in the hierarchy below:
| | Level 1 quoted prices in active markets for identical securities; |
|---|---|
| | Level 2 other significant observable inputs (including quoted prices for similar |
| securities, interest rates, prepayment speeds, credit risk, etc.); and | |
| | Level 3 significant unobservable inputs (including the Funds determinations as |
| to the fair value of investments). |
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THE GABELLI UTILITY TRUST NOTES TO SCHEDULE OF INVESTMENTS (Continued) (Unaudited)
The inputs or methodology used for valuing securities are not necessarily an indication of the risk associated with investing in those securities. The summary of the Funds investments and other financial instruments by inputs used to value the Funds investments as of September 30, 2009 is as follows:
| Valuation Inputs — Level 1 | Level 2 Other Significant | Level 3 Significant | Total Market Value | |||
|---|---|---|---|---|---|---|
| Quoted Prices | Observable Inputs | Unobservable Inputs | at 9/30/09 | |||
| INVESTMENTS IN SECURITIES: | ||||||
| ASSETS (Market Value): | ||||||
| Common Stocks | ||||||
| ENERGY AND UTILITIES | ||||||
| Energy and Utilities: Merchant Energy | $ 5,560,092 | | $ 0 | $ 5,560,092 | ||
| COMMUNICATIONS | ||||||
| Telecommunications | 9,455,013 | | 0 | 9,455,013 | ||
| Other Industries (a) | 188,417,797 | | | 188,417,797 | ||
| Total Common Stocks | 203,432,902 | | | 203,432,902 | ||
| Convertible Preferred Stocks (a) | 1,861,700 | | | 1,861,700 | ||
| Warrants | ||||||
| ENERGY AND UTILITIES | ||||||
| Energy and Utilities: Merchant Energy | 38,638 | | | 38,638 | ||
| COMMUNICATIONS | ||||||
| Wireless Communications | | $ 156,672 | | 156,672 | ||
| Total Warrants | 38,638 | 156,672 | | 195,310 | ||
| Convertible Corporate Bonds | | 111,000 | | 111,000 | ||
| U.S. Government Obligations | | 1,069,815 | | 1,069,815 | ||
| TOTAL INVESTMENTS IN SECURITIES | $ 205,333,240 | $ 1,337,487 | $ 0 | $ 206,670,727 | ||
| OTHER FINANCIAL INSTRUMENTS: | ||||||
| LIABILITIES (Unrealized Depreciation): * | ||||||
| Interest Rate Swap Agreement | $ | $ (675,492 | ) | $ | $ (675,492 | ) |
| Contract for Difference Swap Agreement | | (5,746 | ) | | (5,746 | ) |
| TOTAL OTHER FINANCIAL INSTRUMENTS | $ | $ (681,238 | ) | $ | $ (681,238 | ) |
| (a) | Security and industry classifications for these categories are detailed in the Schedule of
Investments. |
| --- | --- |
| * | Other financial instruments are derivative instruments not reflected in the Schedule of
Investments, such as futures, forwards, and swaps, which are valued at the unrealized
appreciation/depreciation of the investment. |
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THE GABELLI UTILITY TRUST NOTES TO SCHEDULE OF INVESTMENTS (Continued) (Unaudited)
The following is a reconciliation of Level 3 investments for which significant unobservable inputs were used to determine fair value:
| Net change | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| in unrealized | |||||||||
| appreciation/ | |||||||||
| depreciation | |||||||||
| Change in | during the | ||||||||
| Balance | Accrued | Realized | unrealized | Net | Transfers in | Balance | period on Level 3 | ||
| as of | discounts/ | gain/ | appreciation/ | purchases/ | and/or out | as of | investments held | ||
| 12/31/08 | (premiums) | (loss) | depreciation | (sales) | of Level 3 | 9/30/09 | at 9/30/09 | ||
| INVESTMENTS IN | |||||||||
| SECURITIES: | |||||||||
| ASSETS (Market Value): | |||||||||
| Common Stocks | |||||||||
| ENERGY AND UTILITIES | |||||||||
| Energy and | |||||||||
| Utilities: Electric | |||||||||
| Integrated | $ 13,200 | $ | $ | $ | $ | $ (13,200 | ) | $ | $ |
| Energy and | |||||||||
| Utilities: Merchant Energy | 0 | | | | | | 0 | | |
| COMMUNICATIONS | |||||||||
| Telecommunications | 0 | | | | | | 0 | | |
| Total Common Stocks | 13,200 | | | | | (13,200 | ) | 0 | |
| Corporate Bonds | 0 | | 0 | | 0 | | | | |
| TOTAL INVESTMENTS IN | |||||||||
| SECURITIES | $ 13,200 | $ | $ 0 | $ | $ 0 | $ (13,200 | ) | $ 0 | $ |
2. Derivative Financial Instruments. The Fund may engage in various portfolio investment strategies by investing in a number of derivative financial instruments for the purpose of increasing the income of the Fund, hedging or protecting its exposure to interest rate movements and movements in the securities markets, hedging against changes in the value of its portfolio securities and in the value of securities it intends to purchase, or hedging against a specific transaction with respect to either the currency in which the transaction is denominated or another currency. Investing in certain derivative financial instruments, including participation in the options, futures, or swap markets, entails certain execution, liquidity, hedging, tax, and securities, interest, credit, or currency market risks. Losses may arise if the Advisers prediction of movements in the direction of the securities, foreign currency, and interest rate markets is inaccurate. Losses may also arise if the counterparty does not perform its duties under a contract, or that, in the event of default, the Fund may be delayed in or prevented from obtaining payments or other contractual remedies owed to it under derivative contracts. The creditworthiness of the counterparties is closely monitored in order to minimize these risks. Participation in derivative transactions involves investment risks, transaction costs, and potential losses to which the Fund would not be subject absent the use of these strategies. The consequences of these risks, transaction costs, and losses may have a negative impact on the Funds ability to pay distributions.
Current notional amounts are an indicator of the volume of the Funds derivative activities during the period.
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THE GABELLI UTILITY TRUST NOTES TO SCHEDULE OF INVESTMENTS (Continued) (Unaudited)
Swap Agreements. The Fund may enter into equity, contract for difference, and interest rate swap or cap transactions for the purpose of increasing the income of the Fund. The use of swaps is a highly specialized activity that involves investment techniques and risks different from those associated with ordinary portfolio security transactions. In a swap, a set of future cash flows is exchanged between two counterparties. One of these cash flow streams will typically be based on a reference interest rate combined with the performance of a notional value of shares of a stock. The other will be based on the performance of the shares of a stock. Depending on the general state of short-term interest rates and the returns on the Funds portfolio securities at the time a swap transaction reaches its scheduled termination date, there is a risk that the Fund will not be able to obtain a replacement transaction or that the terms of the replacement will not be as favorable as on the expiring transaction.
The Fund has entered into an interest rate swap agreement with Citibank N.A. Under the agreement, the Fund receives a floating rate of interest and pays a respective fixed rate of interest on the nominal value of the swap. Details of the swap at September 30, 2009 are as follows:
| Notional | Floating Rate* | Termination | Net Unrealized | ||
|---|---|---|---|---|---|
| Amount | Fixed Rate | (rate reset monthly) | Date | Depreciation | |
| $25,000,000 | 4.00 % | 0.25875 % | 6/02/10 | $ (675,492 | ) |
The Fund has entered into an equity contract for difference swap agreement with The Goldman Sachs Group, Inc. Details of the swap at September 30, 2009 are as follows:
| Notional | Equity Security | Interest Rate/ | Termination | Net Unrealized | |
|---|---|---|---|---|---|
| Amount | Received | Equity Security Paid | Date | Depreciation | |
| $193,769 (25,000 Shares) | Market Value Appreciation on: Rolls-Royce Group plc | One month LIBOR plus 90 bps plus Market Value Depreciation on: Rolls-Royce Group plc | 6/25/10 | $ (5,746 | ) |
For open derivative instruments as of September 30, 2009, see the preceding tables, which are also indicative of activity for the year ended December 31, 2008.
Futures Contracts. The Fund may engage in futures contracts for the purpose of hedging against changes in the value of its portfolio securities and in the value of securities it intends to purchase. Upon entering into a futures contract, the Fund is required to deposit with the broker an amount of cash or cash equivalents equal to a certain percentage of the contract amount. This is known as the initial margin. Subsequent payments (variation margin) are made or received by the Fund each day, depending on the daily fluctuations in the value of the contract, which are included in unrealized appreciation/depreciation on investments and futures contracts. The Fund recognizes a realized gain or loss when the contract is closed.
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There are several risks in connection with the use of futures contracts as a hedging instrument. The change in value of futures contracts primarily corresponds with the value of their underlying instruments, which may not correlate with the change in value of the hedged investments. In addition, there is the risk that the Fund may not be able to enter into a closing transaction because of an illiquid secondary market. At September 30, 2009, there were no open futures contracts.
Forward Foreign Exchange Contracts. The Fund may engage in forward foreign exchange contracts for the purpose of hedging a specific transaction with respect to either the currency in which the transaction is denominated or another currency as deemed appropriate by the Adviser. Forward foreign exchange contracts are valued at the forward rate and are marked-to-market daily. The change in market value is included in unrealized appreciation/depreciation on investments and foreign currency translations. When the contract is closed, the Fund records a realized gain or loss equal to the difference between the value of the contract at the time it was opened and the value at the time it was closed.
The use of forward foreign exchange contracts does not eliminate fluctuations in the underlying prices of the Funds portfolio securities, but it does establish a rate of exchange that can be achieved in the future. Although forward foreign exchange contracts limit the risk of loss due to a decline in the value of the hedged currency, they also limit any potential gain that might result should the value of the currency increase. In addition, the Fund could be exposed to risks if the counterparties to the contracts are unable to meet the terms of their contracts. At September 30, 2009, there were no open forward foreign exchange contracts.
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AUTOMATIC DIVIDEND REINVESTMENT AND VOLUNTARY CASH PURCHASE PLANS
Enrollment in the Plan
It is the policy of The Gabelli Utility Trust (the Fund) to automatically reinvest dividends payable to common shareholders. As a registered shareholder you automatically become a participant in the Funds Automatic Dividend Reinvestment Plan (the Plan). The Plan authorizes the Fund to credit common shares to participants upon an income dividend or a capital gains distribution regardless of whether the shares are trading at a discount or a premium to net asset value. All distributions to shareholders whose shares are registered in their own names will be automatically reinvested pursuant to the Plan in additional shares of the Fund. Plan participants may send their share certificates to Computershare Trust Company, N.A. (Computershare) to be held in their dividend reinvestment account. Registered shareholders wishing to receive their distributions in cash must submit this request in writing to:
The Gabelli Utility Trust c/o Computershare P.O. Box 43010 Providence, RI 02940-3010
Shareholders requesting this cash election must include the shareholders name and address as they appear on the share certificate. Shareholders with additional questions regarding the Plan or requesting a copy of the terms of the Plan, may contact Computershare at (800) 336-6983.
If your shares are held in the name of a broker, bank, or nominee, you should contact such institution. If such institution is not participating in the Plan, your account will be credited with a cash dividend. In order to participate in the Plan through such institution, it may be necessary for you to have your shares taken out of street name and re-registered in your own name. Once registered in your own name your distributions will be automatically reinvested. Certain brokers participate in the Plan. Shareholders holding shares in street name at participating institutions will have dividends automatically reinvested. Shareholders wishing a cash dividend at such institution must contact their broker to make this change.
The number of common shares distributed to participants in the Plan in lieu of cash dividends is determined in the following manner. Under the Plan, whenever the market price of the Funds common shares is equal to or exceeds net asset value at the time shares are valued for purposes of determining the number of shares equivalent to the cash dividends or capital gains distribution, participants are issued common shares valued at the greater of (i) the net asset value as most recently determined or (ii) 95% of the then current market price of the Funds common shares. The valuation date is the dividend or distribution payment date or, if that date is not a New York Stock Exchange (NYSE) trading day, the next trading day. If the net asset value of the common shares at the time of valuation exceeds the market price of the common shares, participants will receive common shares from the Fund valued at market price. If the Fund should declare a dividend or capital gains distribution payable only in cash, Computershare will buy common shares in the open market, or on the NYSE or elsewhere, for the participants accounts, except that Computershare will endeavor to terminate purchases in the open market and cause the Fund to issue shares at net asset value if, following the commencement of such purchases, the market value of the common shares exceeds the then current net asset value.
The automatic reinvestment of dividends and capital gains distributions will not relieve participants of any income tax which may be payable on such distributions. A participant in the Plan will be treated for federal income tax purposes as having received, on a dividend payment date, a dividend or distribution in an amount equal to the cash the participant could have received instead of shares.
Voluntary Cash Purchase Plan
The Voluntary Cash Purchase Plan is yet another vehicle for our shareholders to increase their investment in the Fund. In order to participate in the Voluntary Cash Purchase Plan, shareholders must have their shares registered in their own name.
Participants in the Voluntary Cash Purchase Plan have the option of making additional cash payments to Computershare for investments in the Funds common shares at the then current market price. Shareholders may send an amount from $250 to $10,000. Computershare will use these funds to purchase shares in the open market on or about the 1st and 15th of each month. Computershare will charge each shareholder who participates $0.75, plus a pro rata share of the brokerage commissions. Brokerage charges for such purchases are expected to be less than the usual brokerage charge for such transactions. It is suggested that any voluntary cash payments be sent to Computershare, P.O. Box 43010, Providence, RI 029403010 such that Computershare receives such payments approximately 10 days before the 1st and 15th of the month. Funds not received at least five days before the investment date shall be held for investment until the next purchase date. A payment may be withdrawn without charge if notice is received by Computershare at least 48 hours before such payment is to be invested.
Shareholders wishing to liquidate shares held at Computershare must do so in writing or by telephone. Please submit your request to the above mentioned address or telephone number. Include in your request your name, address, and account number. The cost to liquidate shares is $2.50 per transaction as well as the brokerage commission incurred. Brokerage charges are expected to be less than the usual brokerage charge for such transactions.
For more information regarding the Automatic Dividend Reinvestment Plan and Voluntary Cash Purchase Plan, brochures are available by calling (914) 921-5070 or by writing directly to the Fund.
The Fund reserves the right to amend or terminate the Plan as applied to any voluntary cash payments made and any dividend or distribution paid subsequent to written notice of the change sent to the members of the Plan at least 90 days before the record date for such dividend or distribution. The Plan also may be amended or terminated by Computershare on at least 90 days written notice to participants in the Plan.
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TRUSTEES AND OFFICERS THE GABELLI UTILITY TRUST One Corporate Center, Rye, NY 10580-1422
| Trustees |
|---|
| Mario J. Gabelli, CFA |
| Chairman & Chief Executive |
| Officer, GAMCO Investors, Inc. |
| Dr. Thomas E. Bratter |
| President & Founder, John Dewey Academy |
| Anthony J. Colavita |
| President, |
| Anthony J. Colavita, P.C. |
| James P. Conn |
| Former Managing Director & |
| Chief Investment Officer, |
| Financial Security Assurance Holdings Ltd. |
| Vincent D. Enright |
| Former Senior Vice President |
| & Chief Financial Officer, KeySpan Corp. |
| Frank J. Fahrenkopf, Jr. |
| President & Chief Executive |
| Officer, |
| American Gaming Association |
| John D. Gabelli |
| Senior Vice President, |
| Gabelli & Company, |
| Inc. |
| Robert J. Morrissey |
| Attorney-at-Law, Morrissey, Hawkins & Lynch |
| Anthony R. Pustorino |
| Certified Public Accountant, Professor Emeritus, Pace |
| University |
| Salvatore J. Zizza |
| Chairman, Zizza & Co., Ltd. |
| Officers |
| Bruce N. Alpert |
| President |
| Peter D. Goldstein |
| Chief Compliance Officer |
| Agnes Mullady |
| Treasurer & Secretary |
| David I. Schachter |
| Vice President & Ombudsman |
| Investment Adviser |
| Gabelli Funds, LLC One |
| Corporate Center Rye, New York 10580-1422 |
| Custodian |
| The Bank of New York Mellon |
| Counsel |
| Willkie Farr & Gallagher LLP |
| Transfer Agent and Registrar |
| Computershare Trust Company, N.A. |
Stock Exchange Listing
| Common | 5.625% — Preferred | |
|---|---|---|
| NYSE-Symbol: | GUT | GUT PrA |
| Shares Outstanding: | 30,837,531 | 1,153,288 |
The Net Asset Value per share appears in the Publicly Traded Funds column, under the heading Specialized Equity Funds, in Mondays The Wall Street Journal. It is also listed in Barrons Mutual Funds/Closed End Funds section under the heading Specialized Equity Funds.
The Net Asset Value per share may be obtained each day by calling (914) 921-5070 or visiting www.gabelli.com.
For general information about the Gabelli Funds, call 800-GABELLI (800-422-3554), fax us at 914-921-5118, visit Gabelli Funds Internet homepage at: www.gabelli.com, or e-mail us at: [email protected]
Notice is hereby given in accordance with Section 23(c) of the Investment Company Act of 1940, as amended, that the Fund may, from time to time, purchase its common shares in the open market when the Funds shares are trading at a discount of 10% or more from the net asset value of the shares. The Fund may also, from time to time, purchase its preferred shares in the open market when the preferred shares are trading at a discount to the liquidation value.
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link2 "Item 2. Controls and Procedures"
Item 2. Controls and Procedures.
| (a) | The registrants principal executive and principal financial officers, or persons
performing similar functions, have concluded that the registrants disclosure controls and
procedures (as defined in Rule 30a-3(c) under the Investment Company Act of 1940, as
amended (the 1940 Act) (17 CFR 270.30a-3(c))) are effective, as of a date within 90 days
of the filing date of the report that includes the disclosure required by this paragraph,
based on their evaluation of these controls and procedures required by Rule 30a-3(b) under
the 1940 Act (17 CFR 270.30a-3(b)) and Rules 13a-15(b) or 15d-15(b) under the Securities
Exchange Act of 1934, as amended (17 CFR 240.13a-15(b) or 240.15d-15(b)). |
| --- | --- |
| (b) | There were no changes in the registrants internal control over financial reporting (as
defined in Rule 30a-3(d) under the 1940 Act (17 CFR 270.30a-3(d)) that occurred during the
registrants last fiscal quarter that have materially affected, or are reasonably likely to
materially affect, the registrants internal control over financial reporting. |
link2 "Item 3. Exhibits"
Item 3. Exhibits.
Certifications pursuant to Rule 30a-2(a) under the 1940 Act and Section 302 of the Sarbanes-Oxley Act of 2002 are attached hereto.
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link1 "SIGNATURES"
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934 and the Investment Company Act of 1940, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
(Registrant) The Gabelli Utility Trust
By (Signature and Title)* /s/ Bruce N. Alpert Bruce N. Alpert, Principal Executive Officer
Date 11/30/09
Pursuant to the requirements of the Securities Exchange Act of 1934 and the Investment Company Act of 1940, this report has been signed below by the following persons on behalf of the registrant and in the capacities and on the dates indicated.
| By (Signature and Title) | /s/ Bruce N. Alpert Bruce
N. Alpert, Principal Executive Officer |
| --- | --- |
| Date 11/30/09 | |
| By (Signature and Title) | /s/ Agnes Mullady Agnes
Mullady, Principal Financial Officer and Treasurer |
Date 11/30/09
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