BNY Mellon. (a) BNY Mellon represents and warrants that: (a) it is duly organized, validly existing and in good standing in its jurisdiction of organization; (b) it has the requisite corporate power and authority to enter into and to carry out the transactions contemplated by this Agreement and (c) the individual executing this Agreement on its behalf has the requisite authority to bind BNY Mellon to this Agreement including by Electronic Signature, and any such Electronic Signature represents an intent to enter into this Agreement and an agreement with its terms. (b) BNY Mellon represents and warrants that it is qualified to act as a custodian pursuant to Section 17(f)(1) of the 1940 Act as of the date hereof and it shall confirm such qualification in writing to Customer upon the request of Customer. (c) BNY Mellon represents and warrants that it is conducting its business in compliance with all applicable. statutes, laws, rules and regulations applicable to it.
Appears in 4 contracts
Samples: Custody Agreement (CION Grosvenor Infrastructure Fund), Custody Agreement (KKR Enhanced US Direct Lending Fund-L), Custody Agreement (KKR US Direct Lending Fund-U)