Conditions of Selling Agent’s Obligations. (a) The obligations of the Selling Agent to undertake the placement of Units as provided herein shall be subject (unless waived by the Selling Agent) to the continuing accuracy of the representations and warranties of the Managing Owner, the Trust and the Funds contained herein, to the performance by the Managing Owner, the Trust and the Funds of their respective obligations hereunder and to the following conditions:
Appears in 3 contracts
Samples: Selling Agent Agreement (Brookshire Raw Materials (U.S.) Metals CDN Fund), Selling Agent Agreement (Brookshire Raw Materials (U.S.) Metals CDN Fund), Selling Agent Agreement (Brookshire Raw Materials (U.S.) Energy USD Fund)
Conditions of Selling Agent’s Obligations. (a) The obligations of the Selling Agent to undertake the placement of Units Agent, as provided herein herein, shall be subject to (unless waived by the Selling Agenti) to the continuing accuracy of the representations and warranties of the Managing OwnerCompany as of the date hereof and, as of each Closing Date; (ii) the Trust and accuracy of the Funds contained herein, statements of officers of the Company made pursuant to the provisions hereof; (iii) the performance by the Managing Owner, the Trust Company of its obligations hereunder; and the Funds of their respective obligations hereunder and to (iv) the following conditions:
Appears in 2 contracts
Samples: Subscription Agreement (Alliance MMA, Inc.), Subscription Agreement (Alliance MMA, Inc.)