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

Certain Representations and Warranties of the Funds. The Funds represent and warrant to Service Company that: A. It is duly organized and in good standing under the laws of the jurisdiction where it was formed. B. It is an investment company registered under the Investment Company Act of 1940. C. A registration statement under the Securities Act of 1933 has been filed and will be effective with respect to all shares of the Funds being offered for sale at any time and from time to time. D. All requisite steps have been or will be taken to register Funds' shares for sale in all applicable states, including the District of Columbia. E. The Trustees of the Funds are empowered under applicable laws and by the Articles of Incorporation and Bylaws to enter into and perform this Agreement. F. The Board of Directors of the Funds are empowered under applicable laws and by the Funds' Articles of Incorporation and Bylaws to enter into and perform this Agreement.

Certain Representations and Warranties of the Funds. The Funds represent and warrant to Service Company that: A. It is duly organized and in good standing under the laws of the jurisdiction where it was formed. B. It is an investment company registered under the Investment Company Act of 1940. C. A registration statement under the Securities Act of 1933 has been filed and will be effective with respect to all shares of the Funds being offered for sale at any time and from time to time. D. All requisite steps have been or will be taken to register Funds' ’ shares for sale in all applicable states, including the District of Columbia. E. The Trustees of the Funds are empowered under applicable laws and by the Articles of Incorporation and Bylaws to enter into and perform this Agreement. F. The Board of Directors of the Funds are empowered under applicable laws and by the Funds' ’ Articles of Incorporation and Bylaws to enter into and perform this Agreement.