Common use of Certain Representations and Warranties of the Funds Clause in Contracts

Certain Representations and Warranties of the Funds. Each Fund represents and warrants to DST that: A. It is a Maryland corporation or Delaware statutory trust duly organized and existing and in good standing under the laws of the State of Maryland or Delaware, as the case may be; B. It is an open-end diversified management investment company registered under the Investment Company Act of 1940, as amended (the “1940 Act”); C. A registration statement under the 1933 Act has been filed and will be effective with respect to all shares of the Fund being offered for sale; D. All requisite steps have been and will continue to be taken to register the Fund’s shares for sale in all applicable states and such registration will be effective at all times shares are offered for sale in such state; and E. Each Fund is empowered under laws applicable to it and by its Charter Documents and/or its Bylaws to enter into and perform this Agreement;

Certain Representations and Warranties of the Funds. Each Fund represents and warrants to DST that: A. It is a Maryland corporation or Delaware statutory trust duly organized and existing and in good standing under the laws of the State of Maryland or Delaware, as the case may be; B. It is an open-end diversified management investment company registered under the Investment Company Act of 1940, as amended (the “1940 Act”); C. A registration statement under the 1933 Act has been filed and will be effective with respect to all shares of the Fund being offered for sale; D. All requisite steps have been and will continue to be taken to register the Fund’s shares for sale in all applicable states and such registration will be effective at all times shares are offered for sale in such state; and E. Each Fund is empowered under laws applicable to it and by its Charter Documents and/or its Bylaws to enter into and perform this Agreement;.