CERTAIN REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF ACMF Sample Clauses

CERTAIN REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF ACMF. ACMF, on behalf of itself and Old High-Yield, represents and warrants to, and agrees with, ACIT as follows:
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CERTAIN REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF ACMF. ...9 8. Certain Representations, Warranties and Agreements of ACPR......12 9.
CERTAIN REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF ACMF. ACMF, on behalf of itself and Intermediate-Term Bond, represents and warrants to, and agrees with, ACIT as follows: 6.1.
CERTAIN REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF ACMF. ACMF, on behalf of itself and Bond, represents and warrants to, and agrees with, ACIT as follows: 7.1. ACMF is a Maryland corporation duly created pursuant to its Articles of Incorporation for the purpose of acting as a management investment company under the 1940 Act and is validly existing under the laws of, and duly authorized to transact business in, the State of Maryland. Bond is registered with the Securities and Exchange Commission (the "SEC") as an open-end management investment company under the Investment Company Act of 1940, as amended (the "1940 Act"), and such registration is in full force and effect. 7.2. ACMF has power to own all of its properties and assets and, subject to the approval of shareholders referred to herein, to carry out and consummate the transactions contemplated hereby, and has all necessary federal, state and local authorizations to carry on its business as now being conducted and to consummate the transactions contemplated by this Agreement. 7.3. This Agreement has been duly authorized, executed and delivered by ACMF, and represents ACMF's valid and binding contract, enforceable in accordance with its terms, subject as to enforcement to bankruptcy, insolvency, reorganization, arrangement, moratorium, and other similar laws of general applicability relating to or affecting creditors' rights and to general principles of equity. The execution and delivery of this Agreement does not and will not, and the consummation of the transactions contemplated by this Agreement will not, violate ACMF's Articles of Incorporation, By-laws, or any agreement or arrangement to which it is a party or by which it is bound. 7.4. Bond has elected to qualify and has qualified as a "regulated investment company" under Subtitle A, Chapter 1, Subchapter M, Part I of the Code, as of and since its first taxable year; has been a regulated investment company at all times since the end of its first taxable year when it so qualified; and qualifies and shall continue to qualify as a regulated investment company until the Effective Time. 7.5. All federal, state, local and foreign income, profits, franchise, sales, withholding, customs, transfer and other taxes, including interest, additions to tax and penalties (collectively, "Taxes") relating to the Bond Assets or properly shown to be due on any return filed by Bond with respect to taxable periods ending on or prior to, and the portion of any interim period up to, the date hereof have been fully and timely ...

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