Common use of CONCERNING THE COMPANY Clause in Contracts

CONCERNING THE COMPANY. 1. The Company represents to the Transfer Agent that: (a) It is a business trust duly organized and existing under the laws of the State of Delaware. (b) It is empowered under applicable laws and by its Declaration of Trust and By-Laws to enter into and perform this Agreement. (c) All requisite corporate proceedings have been held to authorize it to enter into and perform this Agreement. (d) It is an investment company registered under the Investment Company Act of 1940 (the "1940 Act"), as amended. (e) A registration statement under the Securities Act of 1933, as amended, with respect to the Shares is effective. The Company shall notify the Transfer Agent if such registration statement or any state securities registrations have been terminated or a stop order has been entered with respect to the Shares. 2. Each copy of the Declaration of Trust of the Company and any amendment thereto provided by the Company to the Transfer Agent shall be certified by the Secretary of State (or other appropriate official) of the state of organization, and if such Declaration of Trust and/or amendments are required by law also to be filed with a county or other officer or official body, a certificate of such filing shall be filed with a certified copy submitted to the Transfer Agent. Each copy of the Declaration of Trust and By-Laws and copies of all amendments thereto, and copies of resolutions of the Board of Trustees of the Company, shall be certified by the Secretary or Assistant Secretary of the Company. 3. It shall be the sole responsibility of the Company to deliver to the Transfer Agent the Company's currently effective Prospectuses and, for purposes of this Agreement, the Transfer Agent shall not be deemed to have notice of any information contained in such Prospectuses until they are actually received by the Transfer Agent.

CONCERNING THE COMPANY. 1. The Company represents to the Transfer Agent that: (a) It is a business trust duly organized and existing under the laws of the State of Delaware. (b) It is empowered under applicable laws and by its Declaration of Trust and By-Laws to enter into and perform this Agreement. (c) All requisite corporate proceedings have been held to authorize it to enter into and perform this Agreement. (d) It is an investment company registered under the Investment Company Act of 1940 (the "1940 Act"), as amended. (e) A registration statement has been filed under the Securities Act of 1933, as amended, with respect to the Shares being offered for sale is effective. The Company shall notify the Transfer Agent if such registration statement or any state securities registrations have been terminated or a stop order has been entered with respect to the Shares. 2. Each copy of the Declaration of Trust of the Company and any amendment thereto provided by the Company to the Transfer Agent shall be certified by the Secretary of State (or other appropriate official) of the state of organization, and if such Declaration of Trust and/or amendments are required by law also to be filed with a county or other officer or official body, a certificate of such filing shall be filed with a certified copy submitted to the Transfer Agent. Each copy of the Declaration of Trust and By-Laws and copies of all amendments thereto, and copies of resolutions of the Board of Trustees of the Company, shall be certified by the Secretary or Assistant Secretary of the Company. 3. It shall be the sole responsibility of the Company to deliver to the Transfer Agent the Company's currently effective Prospectuses Prospectuses, and any and all amendments, supplements, stickers, and, for purposes of this Agreement, the Transfer Agent shall not be deemed to have notice of any information contained in such Prospectuses until they are actually received by the Transfer Agent.

CONCERNING THE COMPANY. 1. The Company represents to the Transfer Agent that: (a) It is a business trust corporation duly organized and existing under the laws of the State of DelawareMaryland. (b) It is empowered under applicable laws and by its Declaration Articles of Trust Incorporation and By-Laws to enter into and perform this Agreement. (c) All requisite corporate proceedings have been held to authorize it to enter into and perform this Agreement. (d) It is an investment company registered under the Investment Company Act of 1940 (the "1940 Act"), as amended. (e) A registration statement under the Securities Act of 1933, as amended, with respect to the Shares is effective. The Company shall notify the Transfer Agent if such registration statement or any state securities registrations have been terminated or a stop order has been entered with respect to the Shares. 2. Each copy of the Declaration Articles of Trust Incorporation of the Company and any amendment thereto provided by the Company to the Transfer Agent shall be certified by the Secretary of State (or other appropriate official) of the state of organization, and if such Declaration Articles of Trust Incorporation and/or amendments are required by law also to be filed with a county or other officer or official body, a certificate of such filing shall be filed with a certified copy submitted to the Transfer Agent. Each copy of the Declaration Articles of Trust Incorporation and By-Laws and copies of all amendments thereto, and copies of resolutions of the Board of Trustees Directors of the Company, shall be certified by the Secretary or Assistant Secretary of the Company. 3. It shall be the sole responsibility of the Company to deliver to the Transfer Agent the Company's currently effective Prospectuses and, for purposes of this Agreement, the Transfer Agent shall not be deemed to have notice of any information contained in such Prospectuses until they are actually received by the Transfer Agent.

CONCERNING THE COMPANY. 1. The Company represents to the Transfer Agent that: (a) It is a business trust duly organized and existing under the laws of the State of Delaware. (b) It is empowered under applicable laws and by its Declaration of Trust and By-Laws to enter into and perform this Agreement. (c) All requisite corporate proceedings have been held to authorize it to enter into and perform this Agreement. (d) It is an investment company registered under the Investment Company Act of 1940 (the "1940 Act"), as amended. (e) A registration statement under the Securities Act of 1933, as amended, with respect to the Shares is effective. The Company shall notify the Transfer Agent if such registration statement or any state securities registrations have been terminated or a stop order has been entered with respect to the Shares. 2. Each copy of the Declaration of Trust of the Company and any amendment thereto provided by the Company to the Transfer Agent shall be certified by the Secretary of State (or other appropriate official) of the state of organization, and if such Declaration Articles of Trust Incorporation and/or amendments are required by law also to be filed with a county or other officer or official body, a certificate of such filing shall be filed with a certified copy submitted to the Transfer Agent. Each copy of the Declaration of Trust and By-Laws and copies of all amendments thereto, and copies of resolutions of the Board of Trustees of the Company, shall be certified by the Secretary or Assistant Secretary of the Company. 3. It shall be the sole responsibility of the Company to deliver to the Transfer Agent the Company's currently effective Prospectuses and, for purposes of this Agreement, the Transfer Agent shall not be deemed to have notice of any information contained in such Prospectuses until they are actually received by the Transfer Agent.