Common use of Additional Disclosure Items Clause in Contracts

Additional Disclosure Items. Each Additional Disclosure Item, issued at or prior to the Applicable Time, does not and will not conflict with the information contained in the Registration Statement, the General Disclosure Package or the Prospectus and each such Additional Disclosure Item, as supplemented by and taken together with the General Disclosure Package as of the Applicable Time did not and will not include any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading, except that this representation and warranty does not apply to statements in or omissions from any Additional Disclosure Item made in reliance upon and in conformity with written information relating to the Underwriter furnished to the Fund or the Adviser by or on behalf of the Underwriter through you expressly for use therein. All Additional Disclosure Items in all material respects complied and will comply with (i) the applicable requirements of the 1933 Act, the 1940 Act and the Rules and Regulations, including without limitation all applicable filing (where required), legending and record keeping requirements, and (ii) the rules and interpretations of FINRA. Without the prior consent of the Representative, other than as set forth in Schedule D hereto, the Fund has not made and will not make any offer relating to the Shares that would constitute an Additional Disclosure Item.