Common use of Covenants of the Trust and the Partnership Clause in Contracts

Covenants of the Trust and the Partnership. (a) The Trust and the Partnership each covenants to operate its business in the ordinary course between the date hereof and the Exchange Date. Neither party shall take any action that would, or reasonably would be expected to, result in any of its representations and warranties set forth in this Agreement being or becoming untrue in any material respect. (b) Subject to the provisions of this Agreement, the Trust and the Partnership shall each take, or cause to be taken, all actions, and or cause to be done, all things reasonably necessary, proper and/or advisable to consummate and make effective the transactions contemplated by this Agreement. (c) The Trust and the Partnership each covenants to inform the other party of any matter occurring between the date hereof and the Exchange Date that has had or could reasonably be expected to have a material adverse effect on the operation of its business. (d) The Partnership shall have delivered to the Trust a statement of the Partnership’s assets and Liabilities as of the Exchange Date, certified by the General Partner. (e) The Trust and Partnership shall each use its commercially reasonable efforts to fulfill or obtain the fulfillment of the conditions precedent to effect the transactions contemplated by this Agreement as promptly as practicable. (f) The Trust and the Partnership each covenants that it will, from time to time, as and when requested by the other party, execute and deliver or cause to be executed and delivered all such assignments and other instruments, and will take or cause to be taken such further action, as the other party may deem necessary, or desirable to vest in and confirm to (i) the Fund, title to and possession of all the Assets, and (ii) the Partnership, title to and possession of the Fund Shares to be delivered hereunder, and otherwise to carry out the intent and purpose hereof. (g) The Fund will elect to be treated as a regulated investment company, as defined in Section 851(a) of the Internal Revenue Code of 1986, as amended, for its taxable year that includes the Exchange Date.

Covenants of the Trust and the Partnership. (a) The Trust and the Partnership each covenants to operate its business in the ordinary course between from the date hereof and through the Exchange Date. Neither party the Trust or the Partnership shall take any action that would, or reasonably would be expected to, result in any of its representations and warranties set forth in this Agreement Agreement, or made in connection with this Agreement, being or becoming untrue in any material respect. (b) Subject to the provisions of this Agreement, the Trust and the Partnership shall each take, or cause to be taken, all actions, and or and/or cause to be done, all things reasonably necessary, proper and/or advisable to consummate and make effective the transactions contemplated by this Agreement. (c) The Trust and the Partnership each covenants covenant to inform the other party parties to this Agreement of any matter occurring between from the date hereof and through the Exchange Date that has had or could reasonably be expected to have a material adverse effect on the operation of its business. (d) The Partnership shall have delivered to the Trust a statement of the Partnership’s assets and Liabilities liabilities as of the Exchange Date, certified by the General Partner. (e) The Trust and the Partnership shall each use its commercially reasonable efforts to fulfill or obtain the fulfillment of the conditions precedent to effect the transactions contemplated by this Agreement as promptly as practicable. (f) The Trust and the Partnership each covenants covenant that it will, from time to time, as and when requested by the other partyparties to this Agreement, execute and deliver or cause to be executed and delivered all such assignments and other instruments, and will take or cause to be taken such further action, as the any other party may deem necessary, or desirable to vest in and confirm to (i) the Fund, title to and possession of all the AssetsAssets to be transferred to the Fund, and (ii) the Partnership, title to and possession of the Fund Shares to be delivered hereunder, and otherwise to carry out the intent and purpose hereof. (g) The Fund will elect and qualify to be treated as a regulated investment company, as defined in Section section 851(a) of the Internal Revenue Code of 1986, as amended, for its taxable year that includes the Exchange Date.

Covenants of the Trust and the Partnership. (a) The Trust and the Partnership each covenants to operate its business in the ordinary course between the date hereof and the Exchange Date. Neither party shall take any action that would, or reasonably would be expected to, result in any of its representations and warranties set forth in this Agreement Agreement, or made in connection with this Agreement, being or becoming untrue in any material respect. (b) Subject to the provisions of this Agreement, the Trust and the Partnership shall each take, or cause to be taken, all actions, and or cause to be done, all things reasonably necessary, proper and/or advisable to consummate and make effective the transactions contemplated by this Agreement. (c) The Trust and the Partnership each covenants to inform the other party of any matter occurring between the date hereof and the Exchange Date that has had or could reasonably be expected to have a material adverse effect on the operation of its business. (d) The Partnership shall have delivered to the Trust a statement of the Partnership’s assets and Liabilities liabilities as of the Exchange Date, certified by the General Partner. (e) The Trust and Partnership shall each use its commercially reasonable efforts to fulfill or obtain the fulfillment of the conditions precedent to effect the transactions contemplated by this Agreement as promptly as practicable. (f) The Trust and the Partnership each covenants that it will, from time to time, as and when requested by the other party, execute and deliver or cause to be executed and delivered all such assignments and other instruments, and will take or cause to be taken such further action, as the other party may deem necessary, or desirable to vest in and confirm to (i) the Fund, title to and possession of all the AssetsAssets to be transferred to the Fund, and (ii) the Partnership, title to and possession of the Fund Shares to be delivered hereunder, and otherwise to carry out the intent and purpose hereof. (g) The Fund will elect and qualify to be treated as a regulated investment company, as defined in Section 851(a) of the Internal Revenue Code of 1986, as amended, for its taxable year that includes the Exchange Date.

Covenants of the Trust and the Partnership. (a) The Trust and the Partnership each covenants to operate its business in the ordinary course between the date hereof and the Exchange Date. Neither party shall take any action that would, or reasonably would be expected to, result in any of its representations and warranties set forth in this Agreement being or becoming untrue in any material respect. (b) Subject to the provisions of this Agreement, the Trust and the Partnership shall each take, or cause to be taken, all actions, and or cause to be done, all things reasonably necessary, proper and/or advisable to consummate and make effective the transactions contemplated by this Agreement. (c) The Trust and the Partnership each covenants to inform the other party of any matter occurring between the date hereof and the Exchange Date that has had or could reasonably be expected to have a material adverse effect on the operation of its business. (d) The Partnership shall have delivered to the Trust a statement of the Partnership’s 's assets and Liabilities as of the Exchange Date, certified by the General Partner. (e) The Trust and Partnership shall each use its commercially reasonable efforts to fulfill or obtain the fulfillment of the conditions precedent to effect the transactions contemplated by this Agreement as promptly as practicable. (f) The Trust and the Partnership each covenants that it will, from time to time, as and when requested by the other party, execute and deliver or cause to be executed and delivered all such assignments and other instruments, and will take or cause to be taken such further action, as the other party may deem necessary, or desirable to vest in and confirm to (i) the Fund, title to and possession of all the Assets, and (ii) the Partnership, title to and possession of the Fund Shares to be delivered hereunder, and otherwise to carry out the intent and purpose hereof. (g) The Fund will elect to be treated as a regulated investment company, as defined in Section 851(a) of the Internal Revenue Code of 1986, as amended, for its taxable year that includes the Exchange Date.

Covenants of the Trust and the Partnership. (a) The Trust and the Partnership each covenants to operate its business in the ordinary course between the date hereof and the Exchange Date. Neither party shall take any action that would, or reasonably would be expected to, result in any of its representations and warranties set forth in this Agreement Agreement, or made in connection with this Agreement, being or becoming untrue in any material respect. (b) Subject to the provisions of this Agreement, the Trust and the Partnership shall each take, or cause to be taken, all actions, and / or cause to be done, all things reasonably necessary, proper and/or advisable to consummate and make effective the transactions contemplated by this Agreement. (c) The Trust and the Partnership each covenants to inform the other party of any matter occurring between the date hereof and the Exchange Date that has had or could reasonably be expected to have a material adverse effect on the operation of its business. (d) The Partnership shall have delivered to the Trust a statement of the Partnership’s assets and Liabilities liabilities as of the Exchange Date, certified by the General Partner. (e) The Trust and Partnership shall each use its commercially reasonable efforts to fulfill or obtain the fulfillment of the conditions precedent to effect the transactions contemplated by this Agreement as promptly as practicable. (f) The Trust and the Partnership each covenants that it will, from time to time, as and when requested by the other party, execute and deliver or cause to be executed and delivered all such assignments and other instruments, and will take or cause to be taken such further action, as the other party may deem necessary, or desirable to vest in and confirm to (i) the Fund, title to and possession of all the AssetsAssets to be transferred to the Fund, and (ii) the Partnership, title to and possession of the Fund Shares to be delivered hereunder, and otherwise to carry out the intent and purpose hereof. (g) The Fund will elect and qualify to be treated as a regulated investment company, as defined in Section 851(a) of the Internal Revenue Code of 1986, as amended, for its taxable year that includes the Exchange Date.