Common use of Adviser Representations Clause in Contracts

Adviser Representations. Adviser represents to Client that it is an investment adviser registered with the Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended and that, in connection with Adviser’s performance of the Fiduciary Services described in Exhibit A attached hereto, Adviser is acting as a fiduciary for the Plan under Section 3(21) of ERISA for the sole purpose of providing non-discretionary investment advice.

Adviser Representations. Adviser represents to Client that it is registered as an investment adviser registered with the Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended 1940 and that, in connection with Adviser’s performance of is authorized and empowered to enter into this agreement. If the Fiduciary Services described in Exhibit A attached heretoaccount is governed by XXXXX, Adviser also acknowledges that it is acting a “fiduciary” with respect to the account as a fiduciary for the Plan that term is defined under Section 3(21) of ERISA for the sole purpose of providing non-discretionary investment adviceERISA.

Adviser Representations. Adviser represents to Client that it is registered as an investment adviser registered with the Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended and that, in connection 1940 with Adviser’s performance the State Corporate Commission of the Fiduciary Services described in Exhibit A attached heretoCommonwealth of Virginia and that such registration is currently effective. If the Account is subject to ERISA, Adviser acknowledges that it is acting a “fiduciary” (as a fiduciary for that term is defined by ERISA) with respect to the Plan under Section 3(21) of ERISA for the sole purpose of providing non-discretionary investment adviceAccount.

Adviser Representations. Adviser represents to Client that it is registered as an investment adviser registered with the Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended 1940 and that, in connection with Adviser’s performance of is authorized and empowered to enter into this agreement. If the Fiduciary Services described in Exhibit A attached heretoaccount is governed by ERISA, Adviser also acknowledges that it is acting a “fiduciary” with respect to the account as a fiduciary for the Plan that term is defined under Section 3(21) of ERISA for the sole purpose of providing non-discretionary investment adviceERISA.