Common use of Bank's Representations Clause in Contracts

Bank's Representations. The Bank hereby represents and warrants to the Lender, which representations and warranties shall be deemed to be continuing and to be reaffirmed on any day that a Securities loan hereunder is outstanding, that: (a) This Agreement is legally and validly entered into by the Bank, does not and will not, violate any statute, regulation, rule, order or, judgment binding on the Bank, or any provision of the Bank's charter or by-laws, or any agreement binding on the Bank or affecting its property, and is enforceable against the Bank in accordance with its terms, except as may be limited by bankruptcy, insolvency or similar laws, or by equitable principles relating to or limiting creditors rights generally; (b) The person executing this Agreement on behalf of the Bank and all persons acting on the Bank's behalf pursuant to this Agreement has and have been duly and properly authorized to do so; (c) The Bank has taken all necessary action to authorize such execution and delivery of this Agreement and the performance of its obligations hereunder; and (d) The execution, delivery and performance by the Bank of this Agreement will at all times comply with all applicable laws and regulations.

Appears in 8 contracts

Samples: Securities Lending Agency Agreement (Aew Real Estate Income Fund), Securities Lending Agency Agreement (CDC Nvest Funds Trust Iii), Securities Lending Agency Agreement (CDC Nvest Companies Trust I)

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Bank's Representations. The Bank hereby represents and warrants to the Lender, which representations and warranties shall be deemed to be continuing and to be reaffirmed on any day that a Securities loan hereunder is outstanding, that: (a) This Agreement is legally and validly entered into by the Bank, does not and will not, violate any statute, regulation, rule, order or, judgment binding on the Bank, or any provision of the Bank's charter or by-laws, or any agreement binding on the Bank or affecting its property, and is enforceable against the Bank in accordance with its terms, except as may be limited by bankruptcy, insolvency or similar laws, or by equitable principles relating to or limiting creditors rights generally;; and (b) The person executing this Agreement on behalf of the Bank and all persons acting on the Bank's behalf pursuant to this Agreement has and have been duly and properly authorized to do so; (c) The Bank has taken all necessary action to authorize such execution and delivery of this Agreement and the performance of its obligations hereunder; and (d) The execution, delivery and performance by the Bank of this Agreement will at all times comply with all applicable laws and regulations.

Appears in 8 contracts

Samples: Securities Lending Agency Agreement (Portfolio Partners Inc), Securities Lending Agency Agreement (Julius Baer Investment Funds), Securities Lending Agency Agreement (Julius Baer Investment Funds)

Bank's Representations. The Bank hereby represents and warrants to the Lender, which representations and warranties shall be deemed to be continuing and to be reaffirmed on any day that a Securities loan hereunder is outstanding, that: (a) This Agreement is legally and validly entered into by the Bank, does not and will not, violate any statute, regulation, rule, order or, judgment binding on the Bank, or any provision of the Bank's ’s charter or by-laws, or any agreement binding on the Bank or affecting its property, and is enforceable against the Bank in accordance with its terms, except as may be limited by bankruptcy, insolvency or similar laws, or by equitable principles relating to or limiting creditors rights generally;; and (b) The person executing this Agreement on behalf of the Bank and all persons acting on the Bank's ’s behalf pursuant to this Agreement has and have been duly and properly authorized to do so; (c) The Bank has taken all necessary action to authorize such execution and delivery of this Agreement and the performance of its obligations hereunder; and (d) The execution, delivery and performance by the Bank of this Agreement will at all times comply with all applicable laws and regulations.

Appears in 3 contracts

Samples: Securities Lending Agency Agreement (Artio Global Investment Funds), Securities Lending Agency Agreement (Artio Global Equity Fund Inc), Securities Lending Agency Agreement (Glenmede Fund Inc)

Bank's Representations. The Bank hereby represents and warrants to the ---------------------- Lender, which representations and warranties shall be deemed to be continuing and to be reaffirmed on any day that a Securities loan hereunder is outstanding, that: (a) This Agreement is legally and validly entered into by the Bank, does not and will not, violate any statute, regulation, rule, order or, judgment binding on the Bank, or any provision of the Bank's charter or by-laws, or any agreement binding on the Bank or affecting its property, and is enforceable against the Bank in accordance with its terms, except as may be limited by bankruptcy, insolvency or similar laws, or by equitable principles relating to or limiting creditors rights generally;; and (b) The person executing this Agreement on behalf of the Bank and all persons acting on the Bank's behalf pursuant to this Agreement has and have been duly and properly authorized to do so; (c) The Bank has taken all necessary action to authorize such execution and delivery of this Agreement and the performance of its obligations hereunder; and (d) The execution, delivery and performance by the Bank of this Agreement will at all times comply with all applicable laws and regulations.

Appears in 3 contracts

Samples: Securities Lending Agency Agreement (Allmerica Investment Trust), Securities Lending Agency Agreement (Allmerica Investment Trust), Securities Lending Agency Agreement (TCW Galileo Funds Inc)

Bank's Representations. The Bank hereby represents and warrants to the Lender, which representations and warranties shall be deemed to be continuing and to be reaffirmed on any day that a Securities loan hereunder is outstanding, that: (a) This Agreement is legally and validly entered into by the Bank, does not and will not, violate any statute, regulation, rule, order or, judgment binding on the Bank, or any provision of the Bank's ’s charter or by-laws, or any agreement binding on the Bank or affecting its property, and is enforceable against the Bank in accordance with its terms, except as may be limited by bankruptcy, insolvency or similar laws, or by equitable principles relating to or limiting creditors rights generally;; and (b) The person executing this Agreement on behalf of the Bank and all persons acting on the Bank's behalf pursuant to this Agreement has and have been duly and properly authorized to do so; (c) The Bank has taken all necessary action to authorize such execution and delivery of this Agreement and the performance of its obligations hereunder; and (d) The execution, delivery and performance by the Bank of this Agreement will at all times comply with all applicable laws and regulations.

Appears in 2 contracts

Samples: Securities Lending Agency Agreement (TCW Funds Inc), Securities Lending Agency Agreement (TCW Premier Funds)

Bank's Representations. The Bank hereby represents and warrants to the Lender---------------------- Client, which representations and warranties shall be deemed to be continuing and to be reaffirmed on any day that a Securities loan hereunder is outstanding, that: (a) This Agreement is legally and validly entered into by the Bank, does not and will not, violate any statute, regulation, rule, order or, judgment binding on the Bank, or any provision of the Bank's charter or by-laws, or any agreement binding on the Bank or affecting its property, and is enforceable against the Bank in accordance with its terms, except as may be limited by bankruptcy, insolvency or similar laws, or by equitable principles relating to or limiting creditors rights generally;; and (b) The person executing this Agreement on behalf of the Bank and all persons acting on the Bank's behalf pursuant to this Agreement has and have been duly and properly authorized to do so;. (c) The Bank has taken all necessary action to authorize such execution and delivery of this Agreement and the performance of its obligations hereunder; and (d) The execution, delivery and performance by the Bank of this Agreement It will at all times comply with all laws, rules and regulations applicable laws and regulationsto the securities lending transactions contemplated by this Agreement.

Appears in 2 contracts

Samples: Securities Lending Agency Agreement (Ishares Trust), Securities Lending Agency Agreement (Ishares Trust)

Bank's Representations. The Bank hereby represents and warrants to the Lender, which representations and warranties shall be deemed to be continuing and to be reaffirmed on any day that a Securities loan hereunder is outstanding, that: (a) This Agreement is legally and validly entered into by the Bank, does not and will not, violate any statute, regulation, rule, order or, judgment binding on the Bank, or any provision of the Bank's charter or by-laws, or any agreement binding on the Bank or affecting its property, and is enforceable against the Bank in accordance with its terms, except as may be limited by bankruptcy, insolvency or similar laws, or by equitable principles relating to or limiting creditors rights generally;; and (b) The Bank has been duly organized and is validly exisitng in the jurisdition of its organization. The person executing this Agreement on behalf of the Bank and all persons acting on the Bank's behalf pursuant to this Agreement has and have been duly and properly authorized to do so; (c) The Bank has taken all necessary action to authorize such execution and delivery of this Agreement and the performance of its obligations hereunder; and (d) The execution, delivery and performance by the Bank of this Agreement will at all times comply with all applicable laws and regulations.

Appears in 1 contract

Samples: Securities Lending Agency Agreement (E Trade Funds)

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Bank's Representations. The Bank hereby represents and warrants to the Lender, which representations and warranties shall be deemed to be continuing and to be reaffirmed on any day that a Securities loan hereunder is outstanding, that: (a) This Agreement is legally and validly entered into by the Bank, does not and will not, violate any statute, regulation, rule, order or, judgment binding on the Bank, or any provision of the Bank's charter or by-laws, or any agreement binding on the Bank or affecting its property, and is enforceable against the Bank in accordance with its terms, except as may be limited by bankruptcy, insolvency or similar laws, or by equitable principles relating to or limiting creditors rights generally;; and (b) The person executing this Agreement on behalf of the Bank and all persons acting on the Bank's behalf pursuant to this Agreement has and have been duly and properly authorized to do so; (c) The Bank has taken all necessary action to authorize such execution and delivery of this Agreement and the performance of its obligations hereunder; and (d) The execution, delivery and performance by the Bank of this Agreement will at all times comply with all applicable laws and regulations.

Appears in 1 contract

Samples: Securities Lending Agency Agreement (Allmerica Investment Trust)

Bank's Representations. The Bank hereby represents and warrants to ---------------------- the Lender, which representations and warranties shall be deemed to be continuing and to be reaffirmed on any day that a Securities loan hereunder is outstanding, that: (a) This Agreement is legally and validly entered into by the Bank, does not and will not, violate any statute, regulation, rule, order or, judgment binding on the Bank, or any provision of the Bank's charter or by-laws, or any agreement binding on the Bank or affecting its property, and is enforceable against the Bank in accordance with its terms, except as may be limited by bankruptcy, insolvency or similar laws, or by equitable principles relating to or limiting creditors rights generally;; and (b) The person executing this Agreement on behalf of the Bank and all persons acting on the Bank's behalf pursuant to this Agreement has and have been duly and properly authorized to do so; (c) The Bank has taken all necessary action to authorize such execution and delivery of this Agreement and the performance of its obligations hereunder; and (d) The execution, delivery and performance by the Bank of this Agreement will at all times comply with all applicable laws and regulations.

Appears in 1 contract

Samples: Securities Lending Agency Agreement (TCW Convertible Securities Fund Inc)

Bank's Representations. The Bank hereby represents and warrants to the LenderClient, which representations and warranties shall be deemed to be continuing and to be reaffirmed on any day that a Securities loan hereunder is outstanding, that: (a) This Agreement is legally and validly entered into by the Bank, does not and will not, violate any statute, regulation, rule, order or, judgment binding on the Bank, or any provision of the Bank's charter or by-laws, or any agreement binding on the Bank or affecting its property, and is enforceable against the Bank in accordance with its terms, except as may be limited by bankruptcy, insolvency or similar laws, or by equitable principles relating to or limiting creditors rights generally;; and (b) The person executing this Agreement on behalf of the Bank and all persons acting on the Bank's behalf pursuant to this Agreement has and have been duly and properly authorized to do so;. (c) The Bank has taken all necessary action to authorize such execution and delivery of this Agreement and the performance of its obligations hereunder; and (d) The execution, delivery and performance by the Bank of this Agreement It will at all times comply with all laws, rules and regulations applicable laws and regulationsto the securities lending transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Securities Lending Agency Agreement (Ishares Inc)

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