Common use of Disclosure about Portfolio Manager Clause in Contracts

Disclosure about Portfolio Manager. The Portfolio Manager has reviewed the initial Registration Statement for the Trust filed with the Securities and Exchange Commission and represents and warrants that, with respect to the disclosure about the Portfolio Manager or information relating, directly or indirectly, to the Portfolio Manager, such Registration Statement contains, as of the date hereof, no untrue statement of any material fact and does not omit any statement of a material fact which was required to be stated therein or necessary to make the statements contained therein not misleading. The Portfolio Manager further represents and warrants that it is a duly registered investment adviser under the Investment Advisers Act of 1940, as amended ("Advisers Act") and a duly registered investment adviser in all states in which the Portfolio Manager is required to be registered.

Disclosure about Portfolio Manager. The Portfolio Manager has reviewed pre-effective amendment number 3 to the initial Registration Statement for the Trust filed with the Securities and Exchange Commission Trust's registration statement and represents and warrants that, with respect to the disclosure about the Portfolio Manager or information relating, directly or indirectly, relating to the Portfolio Manager, such Registration Statement pre-effective amendment contains, as of the date hereof, no untrue statement of any material fact and does not omit any statement of a material fact regarding the investment objectives and policies of the Portfolio which was required to be stated therein or necessary to make the statements contained therein not misleading. The Portfolio Manager further represents and warrants that it is a duly registered investment adviser under the Investment Advisers Act of 1940, as amended ("Advisers Act") 1940 and a duly registered investment adviser in all states in which the Portfolio Manager is required to be registered.