Concerning the Trust Sample Clauses
Concerning the Trust. 1. The Trust represents to the Transfer Agent that:
(a) It is a business trust duly organized and existing under the laws of The Commonwealth of Massachusetts.
(b) It is empowered under applicable laws and by its Declaration of Trust and Code of Regulations to enter into and perform this Agreement.
(c) All requisite proceedings have been taken to authorize it to enter into and perform this Agreement.
(d) It is an investment company registered under the Investment Company Act of 1940, as amended.
(e) A registration statement under the Securities Act of 1933, as amended, with respect to the Shares is effective. The Trust shall notify the Transfer Agent if such registration statement or any state securities registration has been terminated or a stop order has been entered with respect to the Shares.
2. Each copy of the Trust's Declaration of Trust and copies of all amendments thereto 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 Code of Regulations and copies of all amendments thereto, and copies of resolutions of the Board of Trustees of the Trust, shall be certified by the Secretary of the Trust under seal.
3. The Trust shall promptly deliver to the Transfer Agent written notice of any change in the Officers authorized to sign Share certificates, Certificates, notifications or requests, together with a specimen signature of each new Officer. In the event any Officer who shall have signed manually or whose facsimile signature shall have been affixed to blank Share certificates shall die, resign or be removed prior to issuance of such Share certificates, the Transfer Agent may issue such Shares certificates of the Trust notwithstanding such death, resignation or removal, and the Trust shall promptly deliver to the Transfer Agent such approval, adoption or ratification as may be required by law.
4. It shall be the sole responsibility of the Trust to deliver to the Transfer Agent the Trust's currently effective Prospectus and, for purposes of this Agreement, the Transfer Agent shall not be deemed to have notice of any information contained in such Prospectus until it is actually received by the Transfer Agent.
Concerning the Trust. 1. The Trust 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 and By-Laws to enter into and, perform this Agreement.
(c) All requisite action has been taken to authorize it to enter into and perform this Agreement.
(d) It is an investment company registered under the Investment Company Act of 1940, as amended.
(e) A registration statement under the Securities Act of 1933, as amended, with respect to the Shares is effective. The Trust 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. The Trust shall promptly deliver to the Transfer Agent written notice of any change in the Officers authorized to sign Share Certificates, notifications or requests, together with a specimen signature of each new Officer. In the event any Officer who shall have signed manually or whose facsimile signature shall have been affixed to blank Share certificates shall die, resign or be removed prior to issuance of such Share certificates, the Transfer Agent may issue such Share certificates of the Trust notwithstanding such death, resignation or removal, and the Trust shall promptly deliver to the Transfer Agent such approval, adoption or ratification as may be required by law.
3. It shall be the sole responsibility of the Trust to deliver to the Transfer Agent the Trust's currently effective Prospectus and, for purposes of this Agreement, the Transfer Agent shall not be deemed to have notice of any information contained in such Prospectus until a reasonable time after it is actually received by the Transfer Agent.
Concerning the Trust. 14.1 Acknowledgement..................................................36
Concerning the Trust. 7.1. The Trust shall promptly deliver to the Transfer Agent written notice of any change in the Officers authorized to sign or give Share certificates or Certificates, together with a specimen signature of each new Officer.
7.2. It shall be the sole responsibility of the Trust to deliver to the Transfer Agent in a timely manner the Trust's currently effective Prospectus, copies of any exemptive relief obtained by the Trust under applicable securities laws and copies of any amendments to the Trust's Agreement and Declaration of Trust, By-Laws and any other documents to be furnished by the Trust under this Agreement to enable the Transfer Agent to carry out its duties hereunder, and, for purposes of this Agreement, the Transfer Agent shall not be deemed to have notice of any information contained in such Prospectus, exemptive relief or other document until it is actually received by the Transfer Agent.
Concerning the Trust. ADMINISTRATOR As set forth in ARTICLE X of the Standard Terms.
Concerning the Trust. ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ is entering into this Lease solely as the Individual Owner Trustee under the Trust Agreement and not in his individual capacity. Accordingly, except as otherwise expressly set forth herein or in the other Transaction Documents, each of the representations, warranties, undertakings and agreements herein made on the part of ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ as Lessor is made and intended not as a personal representation, warranty, undertaking or agreement by or for the purpose or with the intention of binding ▇▇▇▇▇▇▇ ▇.▇▇▇▇ or the Trust Company personally, but is made and intended for the purpose of binding only the Trust and the Trust Estate; this Lease is executed and delivered by ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ solely in the exercise of the powers expressly conferred upon him as the Individual Owner Trustee under the Trust Agreement; and no personal liability or responsibility is assumed hereunder by or shall at any time be enforceable against ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ or the Trust Company, or any successor in trust on account of any action taken or omitted to be taken or any representation, warranty, undertaking or agreement hereunder of ▇▇▇▇▇▇▇ ▇. ▇▇▇▇, as Lessor, either expressed or implied, all such personal liability, if any, being expressly waived by the Lessee, except that the Lessee or any Person acting by, through or under it, making a claim hereunder, may look to the Trust Estate for satisfaction of the same and ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ or his successors in trust, and the Trust Company or its successors in trust, shall be personally liable for his or its own gross negligence or willful misconduct (or negligence, in the case of the handling, holding and transfer of funds) in the performance of its or his or its duties as trustees of the Trust or otherwise. If any successor trustee is appointed for ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ or the Trust Company in accordance with the terms of the Trust Agreement, such successor trustee, without any further act, shall succeed to all the rights, duties, immunities and obligations of ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ or the Trust Company, as applicable, hereunder and the predecessor trustee shall be released from all further duties and obligations hereunder.
Concerning the Trust. 1. The Trust shall promptly deliver to the Transfer Agent written notice of any change in the officers authorized to sign Written Instructions or requests, together with a specimen signature of each new Authorized Officer.
2. At any time the Transfer Agent may apply to an Authorized Officer of the Trust for Written Instructions, and may consult counsel for the Trust or its own counsel, with respect to any matter arising in connection with the appointment, and shall not be liable for any action taken or omitted by it in good faith in accordance with such Written Instructions or such opinion of counsel.
3. The copy of the Charter of the Trust and copies- of all amendments thereto shall be certified by the Secretary of State (or other appropriate official) of the state of organ- ization, and if such Charter 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. A copy of the order or consent of each governmental or regulatory authority required by law as a prerequisite to the issuance of Shares of the Trust shall be certified by the Secretary or other proper officer of such governmental or regulatory authority The copy of the By-Laws and copies of all amendments thereto, and copies of resolutions of the Board of Trustees of the Trust, shall be certified by the Secretary of the Trust under the corporate seal.
4. The Trust or its authorized agent shall be respon- sible for the valuation of its Shares with respect to all purchase and redemption orders.
Concerning the Trust