Common use of Concerning the Trust Clause in Contracts

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 Commonwealth the State of MassachusettsDelaware. (b) It is empowered under applicable laws and by its Declaration of Trust and Code of Regulations By-laws to enter into and perform this Agreement. (c) All requisite corporate 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 registrations have been terminated or a stop order has been entered with respect to the Shares. 2. Each copy of the Trust's Declaration of Trust 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 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 By-laws and copies of all amendments thereto, and copies of resolutions of the Board of Trustees of the Trust, 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 Share certificates of the Trust Fund 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 TrustFund'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. 1. The Trust represents to the Transfer Agent that: (a) It is a business trust duly organized and existing under the laws of The the Commonwealth of Massachusetts. (b) It is empowered under applicable laws and by its Declaration of Trust and Code of Regulations By-Laws 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 registrations have been terminated or a stop order has been entered with respect to the Shares. 2. Each copy of the Trust's Declaration of Trust 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 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 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 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 a reasonable time after 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 Commonwealth the State of MassachusettsDelaware. (b) It is empowered under applicable laws and by its Agreement and Declaration of Trust and Code of Regulations By-laws to enter into and perform this Agreement. (c) All requisite corporate 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 1933 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 registrations have been terminated or a stop order has been entered with respect to the Shares. 2. Each copy of the Trust's Agreement and Declaration of Trust 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 organization, and if such Agreement and 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 By-laws and copies of all amendments thereto, and copies of resolutions of the Board of Trustees of the Trust, 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 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. 4. It shall be the sole responsibility of the Trust to deliver to the Transfer Agent the Trusteach Fund'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 each such Prospectus until a reasonable time after it is actually received by the Transfer Agent.