Compliance with the 0000 Xxx. The parties hereto acknowledge and agree that nothing contained herein shall be construed to require Administrator to perform any services for any Fund that could cause Administrator to be deemed an “investment advisor” of the Fund within the meaning of Section 2(a)(20) of the 1940 Act or to supersede or contravene the prospectus or statement of additional information of any Fund or any provisions of the 1940 Act and the rules thereunder.
Compliance with the 0000 Xxx. The parties hereto acknowledge and agree that nothing contained herein shall be construed to require Nottingham to perform any services for any Fund that could cause Nottingham to be deemed an “investment advisor” of the Fund within the meaning of Section 2(a)(20) of the 1940 Act or to supersede or contravene the prospectus or statement of additional information of any Fund or any provisions of the 1940 Act and the rules thereunder.
Compliance with the 0000 Xxx. The Partnership is subject to and in full compliance with the reporting requirements of Section 13 or Section 15(d) of the 1934 Act. The documents incorporated or deemed to be incorporated by reference in the Prospectus at the time they were filed with the Commission complied in all material respects with the requirements of the 1934 Act and the rules and regulations of the Commission promulgated thereunder and, when read together with the other information in the Prospectus do not and will not include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading
Compliance with the 0000 Xxx. For a period of two years following ---------------------------- the Merger Effective Date, USFloral shall (i) make and keep public information available, as those terms are defined in Rule 144 promulgated under the 1933 Act or any successor rule hereafter promulgated by the SEC ("Rule 144") and (ii) file with the SEC in a timely manner all reports and other documents required of USFloral under the 1933 Act and the 1934 Act.
Compliance with the 0000 Xxx. The Prospectus when filed and the Registration Statement as of its effective date and as of the date hereof complied, and any further amendments or supplements to the Registration Statement or the Prospectus will, when they become effective or are filed with the Commission, as the case may be, comply, in all material respects with the requirements of the 1933 Act and the 1933 Act Regulations.
