Common use of Covenants and Agreements of the Fund Clause in Contracts

Covenants and Agreements of the Fund. The Fund agrees with the Underwriter that: (i) The Fund will use its best efforts to cause the Registration Statement to become effective under the 1933 Act, will advise the Underwriter promptly as to the time at which the Registration Statement becomes so effective, will advise the Underwriter promptly of the issuance by the Commission of any stop order suspending such effectiveness of the Registration Statement or of the institution of any proceedings for that purpose, and will use its best efforts to prevent the issuance of any such stop order and to obtain as soon as possible the lifting thereof, if issued. The Fund will advise the Underwriter promptly of any request by the Commission for any amendment of or supplement to the Registration Statement or the Prospectus or for additional information, and will not at any time file any amendment to the Registration Statement or supplement to the Prospectus which shall not have been submitted to the Underwriter a reasonable time prior to the proposed filing thereof and to which the Underwriter shall reasonably object in writing promptly following receipt of such amendment or supplement or which is not in compliance with the 1933 Act, the 1940 Act or the Rules and Regulations thereto. (ii) The Fund will prepare and file with the Commission, promptly upon the request of the Underwriter, any amendments or supplements to the Registration Statement which in the opinion of the Underwriter may be necessary to enable the Underwriter to continue the distribution of the Shares and will use its best efforts to cause the same to become effective as promptly as possible. (iii) If at any time after the effective date under the 1933 Act of the Registration Statement when a prospectus relating to the Shares is required to be delivered under the 1933 Act, any event relating to or affecting the Fund occurs as a result of which the Prospectus or any other prospectus as then in effect would include an untrue statement of a material fact, or omit to state any material fact necessary to make the statements therein in light of the circumstances under which they were made not misleading, or if it is necessary at any time to amend the Prospectus to comply with the 1933 Act, the Fund will promptly notify the Underwriter thereof and will prepare an amended or supplemented prospectus which will correct such statement or omission; and, in case the Underwriter is required to deliver a prospectus relating to the Shares nine months or more after such effective date of the Registration Statement, the Fund upon the request of the Underwriter will prepare promptly such prospectus or prospectuses as may be necessary to permit compliance with the requirements of Section 10(a)(3) of the 1933 Act. (iv) The Fund will deliver to the Underwriter, at or before the Closing Date, two signed copies of the Registration Statement and all amendments thereto including all financial statements and exhibits thereto, and the Notification of Registration on Form N-8A filed by the Fund pursuant to the 1940 Act and will deliver to the Underwriter such number of copies of the Registration Statement, including such financial statements but without exhibits, and of all amendments thereto, as the Underwriter may reasonably request. The Fund will deliver or mail to or upon the order of the Underwriter, from time to time until the effective date under the 1933 Act of the Registration Statement, as many copies of any Preliminary Prospectus as the Underwriter may reasonably request. The Fund will deliver or mail to or upon the order of the Underwriter on the date of the initial public offering, and thereafter from time to time during the period when delivery of a prospectus relating to the Shares is required under the 1933 Act, as many copies of the Prospectus, in final form or as thereafter amended or supplemented as the Underwriter may reasonably request. (v) As soon as is practicable after the effective date under the 1933 Act of the Registration Statement, the Fund will make generally available to its security holders an earnings statement which will be in reasonable detail (but which need not be audited) and will comply with Section 11(a) of the 1933 Act, covering a period of at least twelve months beginning after such effective date of the Registration Statement. (vi) The Fund will cooperate with the Underwriter to enable the Shares to be qualified for sale under the securities laws of such jurisdictions as the Underwriter may designate and at the request of the Underwriter will make such applications and furnish such information as may be required of it as the issuer of the Shares for that purpose; provided, however, that the Fund shall not be required to qualify to do business or to file a general consent to service of process in any such jurisdiction. The Fund will, from time to time, prepare and file such statements and reports as are or may be required of it as the issuer of the Shares to continue such qualifications in effect for so long a period as the Underwriter may reasonably request for the distribution of the Shares. (vii) The Fund will furnish to its shareholders annual reports containing financial statements examined by independent accountants and with semi-annual summary financial information which may be unaudited. During the period of one year from the date hereof, the Fund will deliver to the Underwriter, at Xxxx Xxxxxx Distributors Inc., Xxx Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Law Department, (a) copies of each annual report of the Fund to its shareholders, (b) as soon as they are available, copies of any other reports (financial or other) which the Fund shall publish or otherwise make available to any of its security holders as such, and (c) as soon as they are available, copies of any reports and financial statements furnished to or filed with the Commission.

Covenants and Agreements of the Fund. The Fund agrees with the Underwriter that: (i) The Fund will use its best efforts to cause the Registration Statement to become effective under the 1933 Act, will advise the Underwriter promptly as to the time at which the Registration Statement becomes so effective, will advise the Underwriter promptly of the issuance by the Commission of any stop order suspending such effectiveness of the Registration Statement or of the institution of any proceedings for that purpose, and will use its best efforts to prevent the issuance of any such stop order and to obtain as soon as possible the lifting thereof, if issued. The Fund will advise the Underwriter promptly of any request by the Commission for any amendment of or supplement to the Registration Statement or the Prospectus or for additional information, and will not at any time file any amendment to the Registration Statement or supplement to the Prospectus which shall not have been submitted to the Underwriter a reasonable time prior to the proposed filing thereof and to which the Underwriter shall reasonably object in writing promptly following receipt of such amendment or supplement or which is not in compliance with the 1933 Act, the 1940 Act or the Rules and Regulations thereto. (ii) The Fund will prepare and file with the Commission, promptly upon the request of the Underwriter, any amendments or supplements to the Registration Statement which in the opinion of the Underwriter may be necessary to enable the Underwriter to continue the distribution of the Shares and will use its best efforts to cause the same to become effective as promptly as possible. (iii) If at any time after the effective date under the 1933 Act of the Registration Statement when a prospectus relating to the Shares is required to be delivered under the 1933 Act, any event relating to or affecting the Fund occurs as a result of which the Prospectus or any other prospectus as then in effect would include an untrue statement of a material fact, or omit to state any material fact necessary to make the statements therein in light of the circumstances under which they were made not misleading, or if it is necessary at any time to amend the Prospectus to comply with the 1933 Act, the Fund will promptly notify the Underwriter thereof and will prepare an amended or supplemented prospectus which will correct such statement or omission; and, in case the Underwriter is required to deliver a prospectus relating to the Shares nine months or more after such effective date of the Registration Statement, the Fund upon the request of the Underwriter will prepare promptly such prospectus or prospectuses as may be necessary to permit compliance with the requirements of Section 10(a)(3) of the 1933 Act. (iv) The Fund will deliver to the Underwriter, at or before the Closing Date, two signed copies of the Registration Statement and all amendments thereto including all financial statements and exhibits thereto, and the Notification of Registration on Form N-8A filed by the Fund pursuant to the 1940 Act and will deliver to the Underwriter such number of copies of the Registration Statement, including such financial statements but without exhibits, and of all amendments thereto, as the Underwriter may reasonably request. The Fund will deliver or mail to or upon the order of the Underwriter, from time to time until the effective date under the 1933 Act of the Registration Statement, as many copies of any Preliminary Prospectus as the Underwriter may reasonably request. The Fund will deliver or mail to or upon the order of the Underwriter on the date of the initial public offering, and thereafter from time to time during the period when delivery of a prospectus relating to the Shares is required under the 1933 Act, as many copies of the Prospectus, in final form or as thereafter amended or supplemented as the Underwriter may reasonably request. (v) As soon as is practicable after the effective date under the 1933 Act of the Registration Statement, the Fund will make generally available to its security holders an earnings statement which will be in reasonable detail (but which need not be audited) and will comply with Section 11(a) of the 1933 Act, covering a period of at least twelve months beginning after such effective date of the Registration Statement. (vi) The Fund will cooperate with the Underwriter to enable the Shares to be qualified for sale under the securities laws of such jurisdictions as the Underwriter may designate and at the request of the Underwriter will make such applications and furnish such information as may be required of it as the issuer of the Shares for that purpose; provided, however, that the Fund shall not be required to qualify to do business or to file a general consent to service of process in any such jurisdiction. The Fund will, from time to time, prepare and file such statements and reports as are or may be required of it as the issuer of the Shares to continue such qualifications in effect for so long a period as the Underwriter may reasonably request for the distribution of the Shares. (vii) The Fund will furnish to its shareholders annual reports containing financial statements examined by independent accountants and with semi-annual summary financial information which may be unaudited. During the period of one year from the date hereof, the Fund will deliver to the Underwriter, at Xxxxxx Xxxxxxx Xxxx Xxxxxx Distributors Inc., Xxx Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx XX 00000, Attention: Law Department, (a) copies of each annual report of the Fund to its shareholders, (b) as soon as they are available, copies of any other reports (financial or other) which the Fund shall publish or otherwise make available to any of its security holders as such, and (c) as soon as they are available, copies of any reports and financial statements furnished to or filed with the Commission.

Covenants and Agreements of the Fund. The Fund agrees with the Underwriter that: (i) The Fund will use its best efforts to cause the Registration Statement to become effective under the 1933 Act, will advise the Underwriter promptly as to the time at which the Registration Statement becomes so effective, will advise the Underwriter promptly of the issuance by the Commission of any stop order suspending such effectiveness of the Registration Statement or of the institution of any proceedings for that purpose, and will use its best efforts to prevent the issuance of any such stop order and to obtain as soon as possible the lifting thereof, if issued. The Fund will advise the Underwriter promptly of any request by the Commission for any amendment of or supplement to the Registration Statement or the Prospectus or for additional information, and will not at any time file any amendment to the Registration Statement or supplement to the Prospectus which shall not have been submitted to the Underwriter a reasonable time prior to the proposed filing thereof and to which the Underwriter shall reasonably object in writing promptly following receipt of such amendment or supplement or which is not in compliance with the 1933 Act, the 1940 Act or the Rules and Regulations thereto. (ii) The Fund will prepare and file with the Commission, promptly upon the request of the Underwriter, any amendments or supplements to the Registration Statement which in the opinion of the Underwriter may be necessary to enable the Underwriter to continue the distribution of the Shares and will use its best efforts to cause the same to become effective as promptly as possible. (iii) If at any time after the effective date under the 1933 Act of the Registration Statement when a prospectus relating to the Shares is required to be delivered under the 1933 Act, any event relating to or affecting the Fund occurs as a result of which the Prospectus or any other prospectus as then in effect would include an untrue statement of a material fact, or omit to state any material fact necessary to make the statements therein in light of the circumstances under which they were made not misleading, or if it is necessary at any time to amend the Prospectus to comply with the 1933 Act, the Fund will promptly notify the Underwriter thereof and will prepare an amended or supplemented prospectus which will correct such statement or omission; and, in case the Underwriter is required to deliver a prospectus relating to the Shares nine months or more after such effective date of the Registration Statement, the Fund upon the request of the Underwriter will prepare promptly such prospectus or prospectuses as may be necessary to permit compliance with the requirements of Section 10(a)(3) of the 1933 Act. (iv) The Fund will deliver to the Underwriter, at or before the Closing Date, two signed copies of the Registration Statement and all amendments thereto including all financial statements and exhibits thereto, and the Notification of Registration on Form N-8A filed by the Fund pursuant to the 1940 Act and will deliver to the Underwriter such number of copies of the Registration Statement, including such financial statements but without exhibits, and of all amendments thereto, as the Underwriter may reasonably request. The Fund will deliver or mail to or upon the order of the Underwriter, from time to time until the effective date under the 1933 Act of the Registration Statement, as many copies of any Preliminary Prospectus as the Underwriter may reasonably request. The Fund will deliver or mail to or upon the order of the Underwriter on the date of the initial public offering, and thereafter from time to time during the period when delivery of a prospectus relating to the Shares is required under the 1933 Act, as many copies of the Prospectus, in final form or as thereafter amended or supplemented as the Underwriter may reasonably request. (v) As soon as is practicable after the effective date under the 1933 Act of the Registration Statement, the Fund will make generally available to its security holders an earnings statement which will be in reasonable detail (but which need not be audited) and will comply with Section 11(a) of the 1933 Act, covering a period of at least twelve months beginning after such effective date of the Registration Statement. (vi) The Fund will cooperate with the Underwriter to enable the Shares to be qualified for sale under the securities laws of such jurisdictions as the Underwriter may designate and at the request of the Underwriter will make such applications and furnish such information as may be required of it as the issuer of the Shares for that purpose; provided, however, that the Fund shall not be required to qualify to do business or to file a general consent to service of process in any such jurisdiction. The Fund will, from time to time, prepare and file such statements and reports as are or may be required of it as the issuer of the Shares to continue such qualifications in effect for so long a period as the Underwriter may reasonably request for the distribution of the Shares. (vii) The Fund will furnish to its shareholders annual reports containing financial statements examined by independent accountants and with semi-annual summary financial information which may be unaudited. During the period of one year from the date hereof, the Fund will deliver to the Underwriter, at Xxxxxx Xxxxxxx Xxxx Xxxxxx Distributors Inc., Xxx Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Law Department, (a) copies of each annual report of the Fund to its shareholders, (b) as soon as they are available, copies of any other reports (financial or other) which the Fund shall publish or otherwise make available to any of its security holders as such, and (c) as soon as they are available, copies of any reports and financial statements furnished to or filed with the Commission.

Covenants and Agreements of the Fund. The Fund agrees with the Underwriter that: (i) The Fund will use its best efforts to cause the Registration Statement to become effective under the 1933 Act, will advise the Underwriter promptly as to the time at which the Registration Statement becomes so effective, will advise the Underwriter promptly of the issuance by the Commission of any stop order suspending such effectiveness of the Registration Statement or of the institution of any proceedings for that purpose, and will use its best efforts to prevent the issuance of any such stop order and to obtain as soon as possible the lifting thereof, if issued. The Fund will advise the Underwriter promptly of any request by the Commission for any amendment of or supplement to the Registration Statement or the Prospectus or for additional information, and will not at any time file any amendment to the Registration Statement or supplement to the Prospectus which shall not have been submitted to the Underwriter a reasonable time prior to the proposed filing thereof and to which the Underwriter shall reasonably object in writing promptly following receipt of such amendment or supplement or which is not in compliance with the 1933 Act, the 1940 Act or the Rules and Regulations thereto. (ii) The Fund will prepare and file with the Commission, promptly upon the request of the Underwriter, any amendments or supplements to the Registration Statement which in the opinion of the Underwriter may be necessary to enable the Underwriter to continue the distribution of the Shares and will use its best efforts to cause the same to become effective as promptly as possible. (iii) If at any time after the effective date under the 1933 Act of the Registration Statement when a prospectus relating to the Shares is required to be delivered under the 1933 Act, any event relating to or affecting the Fund occurs as a result of which the Prospectus or any other prospectus as then in effect would include an untrue statement of a material fact, or omit to state any material fact necessary to make the statements therein in light of the circumstances under which they were made not misleading, or if it is necessary at any time to amend the Prospectus to comply with the 1933 Act, the Fund will promptly notify the Underwriter thereof and will prepare an amended or supplemented prospectus which will correct such statement or omission; and, in case the Underwriter is required to deliver a prospectus relating to the Shares nine months or more after such effective date of the Registration Statement, the Fund upon the request of the Underwriter will prepare promptly such prospectus or prospectuses as may be necessary to permit compliance with the requirements of Section 10(a)(3) of the 1933 Act. (iv) The Fund will deliver to the Underwriter, at or before the Closing Date, two signed copies of the Registration Statement and all amendments thereto including all financial statements and exhibits thereto, and the Notification of Registration on Form N-8A filed by the Fund pursuant to the 1940 Act and will deliver to the Underwriter such number of copies of the Registration Statement, including such financial statements but without exhibits, and of all amendments thereto, as the Underwriter may reasonably request. The Fund will deliver or mail to or upon the order of the Underwriter, from time to time until the effective date under the 1933 Act of the Registration Statement, as many copies of any Preliminary Prospectus as the Underwriter may reasonably request. The Fund will deliver or mail to or upon the order of the Underwriter on the date of the initial public offering, and thereafter from time to time during the period when delivery of a prospectus relating to the Shares is required under the 1933 Act, as many copies of the Prospectus, in final form or as thereafter amended or supplemented as the Underwriter may reasonably request. (v) As soon as is practicable after the effective date under the 1933 Act of the Registration Statement, the Fund will make generally available to its security holders an earnings statement which will be in reasonable detail (but which need not be audited) and will comply with Section 11(a) of the 1933 Act, covering a period of at least twelve months beginning after such effective date of the Registration Statement. (vi) The Fund will cooperate with the Underwriter to enable the Shares to be qualified for sale under the securities laws of such jurisdictions as the Underwriter may designate and at the request of the Underwriter will make such applications and furnish such information as may be required of it as the issuer of the Shares for that purpose; provided, however, that the Fund shall not be required to qualify to do business or to file a general consent to service of process in any such jurisdiction. The Fund will, from time to time, prepare and file such statements and reports as are or may be required of it as the issuer of the Shares to continue such qualifications in effect for so long a period as the Underwriter may reasonably request for the distribution of the Shares. (vii) The Fund will furnish to its shareholders annual reports containing financial statements examined by independent accountants and with semi-annual summary financial information which may be unaudited. During the period of one year from the date hereof, the Fund will deliver to the Underwriter, at Xxxx Xxxxxx Xxxxxxx Distributors Inc., Xxx Xxxxx Xxxxx Xxxxxx0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx XX 00000, Attention: Law Department, (a) copies of each annual report of the Fund to its shareholders, (b) as soon as they are available, copies of any other reports (financial or other) which the Fund shall publish or otherwise make available to any of its security holders as such, and (c) as soon as they are available, copies of any reports and financial statements furnished to or filed with the Commission.

Covenants and Agreements of the Fund. The Fund agrees with the Underwriter that: (i) The Fund will use its best efforts to cause the Registration Statement to become effective under the 1933 Act, will advise the Underwriter promptly as to the time at which the Registration Statement becomes so effective, will advise the Underwriter promptly of the issuance by the Commission of any stop order suspending such effectiveness of the Registration Statement or of the institution of any proceedings for that purpose, and will use its best efforts to prevent the issuance of any such stop order and to obtain as soon as possible the lifting thereof, if issued. The Fund will advise the Underwriter promptly of any request by the Commission for any amendment of or supplement to the Registration Statement or the Prospectus or for additional information, and will not at any time file any amendment to the Registration Statement or supplement to the Prospectus which shall not have been submitted to the Underwriter a reasonable time prior to the proposed filing thereof and to which the Underwriter shall reasonably object in writing promptly following receipt of such amendment or supplement or which is not in compliance with the 1933 Act, the 1940 Act or the Rules and Regulations thereto. (ii) The Fund will prepare and file with the Commission, promptly upon the request of the Underwriter, any amendments or supplements to the Registration Statement which in the opinion of the Underwriter may be necessary to enable the Underwriter to continue the distribution of the Shares and will use its best efforts to cause the same to become effective as promptly as possible. (iii) If at any time after the effective date under the 1933 Act of the Registration Statement when a prospectus relating to the Shares is required to be delivered under the 1933 Act, any event relating to or affecting the Fund occurs as a result of which the Prospectus or any other prospectus as then in effect would include an untrue statement of a material fact, or omit to state any material fact necessary to make the statements therein in light of the circumstances under which they were made not misleading, or if it is necessary at any time to amend the Prospectus to comply with the 1933 Act, the Fund will promptly notify the Underwriter thereof and will prepare an amended or supplemented prospectus which will correct such statement or omission; and, in case the Underwriter is required to deliver a prospectus relating to the Shares nine months or more after such effective date of the Registration Statement, the Fund upon the request of the Underwriter will prepare promptly such prospectus or prospectuses as may be necessary to permit compliance with the requirements of Section 10(a)(3) of the 1933 Act. (iv) The Fund will deliver to the Underwriter, at or before the Closing Date, two signed copies of the Registration Statement and all amendments thereto including all financial statements and exhibits thereto, and the Notification of Registration on Form N-8A filed by the Fund pursuant to the 1940 Act and will deliver to the Underwriter such number of copies of the Registration Statement, including such financial statements but without exhibits, and of all amendments thereto, as the Underwriter may reasonably request. The Fund will deliver or mail to or upon the order of the Underwriter, from time to time until the effective date under the 1933 Act of the Registration Statement, as many copies of any Preliminary Prospectus as the Underwriter may reasonably request. The Fund will deliver or mail to or upon the order of the Underwriter on the date of the initial public offering, and thereafter from time to time during the period when delivery of a prospectus relating to the Shares is required under the 1933 Act, as many copies of the Prospectus, in final form or as thereafter amended or supplemented as the Underwriter may reasonably request. (v) As soon as is practicable after the effective date under the 1933 Act of the Registration Statement, the Fund will make generally available to its security holders an earnings statement which will be in reasonable detail (but which need not be audited) and will comply with Section 11(a) of the 1933 Act, covering a period of at least twelve months beginning after such effective date of the Registration Statement. (vi) The Fund will cooperate with the Underwriter to enable the Shares to be qualified for sale under the securities laws of such jurisdictions as the Underwriter may designate and at the request of the Underwriter will make such applications and furnish such information as may be required of it as the issuer of the Shares for that purpose; provided, however, that the Fund shall not be required to qualify to do business or to file a general consent to service of process in any such jurisdiction. The Fund will, from time to time, prepare and file such statements and reports as are or may be required of it as the issuer of the Shares to continue such qualifications in effect for so long a period as the Underwriter may reasonably request for the distribution of the Shares. (vii) The Fund will furnish to its shareholders annual reports containing financial statements examined by independent accountants and with semi-annual summary financial information which may be unaudited. During the period of one year from the date hereof, the Fund will deliver to the Underwriter, at Xxxx Xxxxxx Distributors Inc., Xxx Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Law Department, (a) copies of each annual report of the Fund to its shareholders, (b) as soon as they are available, copies of any other reports (financial or other) which the Fund shall publish or otherwise make available to any of its security holders as such, and (c) as soon as they are available, copies of any reports and financial statements furnished to or filed with the Commission.Sec-