Common use of Certificate of the Trust Clause in Contracts

Certificate of the Trust. At the Closing Date or the applicable Option Closing Date, as the case may be, there shall not have been, since the date hereof or since the respective dates as of which information is given in the Prospectus or the General Disclosure Package (exclusive of any amendments or supplements thereto subsequent to the date of this Agreement), any Trust Material Adverse Effect, and, at the Closing Date, the Representatives shall have received a certificate of the Chairman, the President, the Chief Executive Officer or an Executive Vice President or Senior Vice President of the Trust and of the Chief Financial Officer or Chief Accounting Officer of the Trust, dated as of the Closing Date, to the effect that (i) there has been no such Trust Material Adverse Effect, (ii) the representations and warranties of the Trust in this Agreement are true and correct with the same force and effect as though expressly made at and as of the Closing Date, (iii) the Trust has complied with all agreements and satisfied all conditions on its part to be performed or satisfied at or prior to the Closing Date under or pursuant to this Agreement, and (iv) no stop order suspending the effectiveness of the Registration Statement or order of suspension or revocation of registration pursuant to Section 8(e) of the 1940 Act has been issued, and no proceedings for that purpose have been instituted or are pending or, to their knowledge, are contemplated by the Commission.

Certificate of the Trust. At the Closing Date or the applicable Option Closing Date, as the case may be, there shall not have been, since the date hereof or since the respective dates as of which information is given in the Prospectus or the General Disclosure Package (exclusive of any amendments or supplements thereto subsequent to the date of this Agreement), any Trust Material Adverse Effect, and, at the Closing Date, the Representatives shall have received a certificate of the Chairman, the President, the Chief Executive Officer or an Executive Vice President or Senior Vice President of the Trust and of the Chief Financial Officer or Chief Accounting Officer Assistant Treasurer of the Trust, dated as of the Closing Date, to the effect that (i) there has been no such Trust Material Adverse Effect, (ii) the representations and warranties of the Trust in this Agreement are true and correct with the same force and effect as though expressly made at and as of the Closing Date, (iii) the Trust has complied with all agreements and satisfied all conditions on its part to be performed or satisfied at or prior to the Closing Date under or pursuant to this Agreement, and (iv) no stop order suspending the effectiveness of the Registration Statement or order of suspension or revocation of registration pursuant to Section 8(e) of the 1940 Act has been issued, and no proceedings for that purpose have been instituted or are pending or, to their knowledge, are contemplated by the Commission.

Certificate of the Trust. At the Closing Date or the applicable Option Closing Date, as the case may be, there shall not have been, since the date hereof or since the respective dates as of which information is given in the Prospectus or the General Disclosure Package (exclusive of any amendments or supplements thereto subsequent to the date of this Agreement), any Trust Material Adverse Effect, and, at the Closing Date, the Representatives shall have received a certificate of the Chairman, the President, the Chief Executive Officer or an Executive Vice President or Senior Vice President of the Trust or such other authorized officer as is acceptable to the Underwriters and of the Chief Financial Officer or Chief Accounting Officer or such other authorized officer as is acceptable to the Underwriters of the Trust, dated as of the Closing Date, to the effect that (i) there has been no such Trust Material Adverse Effect, (ii) the representations and warranties of the Trust in this Agreement are true and correct with the same force and effect as though expressly made at and as of the Closing Date, (iii) the Trust has complied with all agreements and satisfied all conditions on its part to be performed or satisfied at or prior to the Closing Date under or pursuant to this AgreementAgreement (to the extent not waived by the Representatives), and (iv) to their knowledge, no stop order suspending the effectiveness of the Registration Statement or order of suspension or revocation of registration pursuant to Section 8(e) of the 1940 Act has been issued, and no proceedings for that purpose have been instituted or are pending or, to their knowledge, are contemplated by the Commission.

Certificate of the Trust. At the Closing Date or the applicable Option Closing Date, as the case may be, there shall not have been, since the date hereof or since the respective dates as of which information is given in the Prospectus or the General Disclosure Package (exclusive of any amendments or supplements thereto subsequent to the date of this Agreement), any Trust Material Adverse Effect, and, at the Closing Date, the Representatives shall have received a certificate of the Chairman, the President, the Chief Executive Officer or an Executive Vice President or Senior Vice President of the Trust and of the Chief Financial Officer or Chief Accounting Officer Assistant Treasurer of the Trust, dated as of the Closing Date, to the effect that (i) there has been no such Trust Material Adverse Effect, (ii) the representations and warranties of the Trust in this Agreement are true and correct with the same force and effect as though expressly made at and as of the Closing Date, (iii) the Trust has complied with all agreements and satisfied all conditions on its part to be performed or satisfied at or prior to the Closing Date under or pursuant to this Agreement, and (iv) to their knowledge, no stop order suspending the effectiveness of the Registration Statement or order of suspension or revocation of registration pursuant to Section 8(e) of the 1940 Act has been issued, and no proceedings for that purpose have been instituted or are pending or, to their knowledge, are contemplated by the Commission.