Common use of Duties of the Investment Company Clause in Contracts

Duties of the Investment Company. (a) The Investment Company shall furnish to the Distributor copies of all information, financial statements and other papers which the Distributor may reasonably request for use in connection with the distribution of Shares of the Investment Company, and this shall include one certified copy, upon request by the Distributor, of all financial statements prepared for the Investment Company by independent public accountants. The Investment Company shall make available to the Distributor such number of copies of its Prospectus as the Distributor shall reasonably request. (b) The Investment Company shall take, from time to time, but subject to any necessary approval of its shareholders, all necessary action to maintain its registration as an investment company under the Investment Company Act and to fix the number of its authorized Shares and to register Shares under the Securities Act, to the end that there will be available for sale such number of Shares as investors may reasonably be expected to purchase. (c) The Investment Company shall use its best efforts to qualify and maintain the qualification of an appropriate number of Shares of each of its Funds for sale under the securities laws of such states as the Distributor and the Investment Company may approve, if such qualification is required by such securities laws. Any such qualification may be withheld, terminated or withdrawn by the Investment Company at any time in its discretion. As provided in Section 8(c) hereof, the expense of qualification and maintenance of qualification of Shares of a Fund shall be borne by such Fund. The Distributor shall furnish such information and other material relating to its affairs and activities as may be required by the Investment Company in connection with such qualification. (d) The Investment Company will furnish, in reasonable quantities upon request by the Distributor, copies of annual and interim reports of the Investment Company, and such other information regarding the financial condition of the Investment Company as the Distributor may from time to time reasonably request. (e) The Investment Company represents and warrants to the Distributor that: (i) It is a corporation duly organized and existing and in good standing under the laws of the State of Maryland; (ii) It is empowered under the laws of the State of Maryland and by its Articles of Incorporation and Bylaws to enter into and perform this Agreement; (iii) All proceedings required by the Articles of Incorporation and Bylaws have been taken to authorize it to enter into and perform its duties under this Agreement; (iv) It is registered as an open-end management investment company with the SEC under the Investment Company Act; (v) All Shares, when issued, shall be validly issued, fully paid and non-assessable; (vi) This Agreement, when executed and delivered, will constitute a legal, valid and binding obligation of the Investment Company, enforceable against the Investment Company in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties; (vii) The performance by the Investment Company of its obligations hereunder does not and will not contravene any provision of its Articles of Incorporation and Bylaws; (viii) The Investment Company’s Registration Statement is currently effective and, except as the Investment Company otherwise notifies the Distributor, will remain effective with respect to all Shares of its series thereof being offered for sale; (ix) The Investment Company will use its best efforts to ensure that its Registration Statement and Prospectuses have been or will be, as the case may be, carefully prepared in conformity with the requirements of the Securities Act, the Investment Company Act and the respective rules and regulations thereunder, including Form N-1A; (x) The Investment Company will use its best efforts to ensure that (A) its Registration Statement and Prospectuses contain or will contain all statements required to be stated therein in accordance with the Securities Act and the rules and regulations thereunder, (B) all statements of fact contained or to be contained in the Registration Statement or Prospectuses are or will be true and correct at the time indicated or on the effective date as the case may be and (C) neither the Registration Statement nor any Prospectus, when they shall become effective or be authorized for use, will include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading to a purchaser of Shares; (xi) The Investment Company will from time to time file such amendment or amendments to its Registration Statement and Prospectuses as, in the light of then-current and then-prospective developments, shall, in the opinion of its counsel, be necessary in order to have the Registration Statement and Prospectuses at all times contain all material facts required to be stated therein or necessary to make any statements therein not misleading to a purchaser of Shares (“Required Amendments”); and (xii) The Investment Company will use its best efforts to ensure that the Investment Company shall not file any amendment to its Registration Statement or Prospectuses without giving the Distributor reasonable advance notice thereof (which under normal circumstances shall be at least three Investment Company business days); provided, however, that nothing contained in this Agreement shall in any way limit the Investment Company’s right to file at any time such amendments to its Registration Statement or Prospectuses, of whatever character, as the Investment Company may deem advisable, such right being in all respects absolute and unconditional.

Duties of the Investment Company. (a) The Investment Company shall furnish to the Distributor copies of all information, financial statements and other papers which the Distributor may reasonably request for use in connection with the distribution of Shares shares of the Investment Company, and this shall include one certified copy, upon request by the Distributor, of all financial statements prepared for the Investment Company and certified by independent public accountants. The Investment Company shall make available to the Distributor such number of camera ready copies of its Prospectus Prospectus, Statement of Additional Information, and supplements thereto, as the Distributor shall reasonably request. (b) The Investment Company shall take, from time to time, but subject to any necessary approval of its shareholders, all necessary action to maintain its registration as an investment company under the Investment Company Act and to fix the number of its authorized Shares shares and to register Shares shares under the Securities ActAct of 1933, to the end that there will be available for sale such number of Shares shares as investors Purchasers may reasonably be expected to purchase. (c) The Investment Company shall use its best efforts to qualify and maintain the qualification of an appropriate number of Shares shares of each of its Funds for sale under the securities laws of such states as the Distributor and the Investment Company may approve, if such qualification is required by such securities laws. Any such qualification may be withheld, terminated or withdrawn by the Investment Company at any time in its discretion. As provided in Section 8(c) hereof, the expense of qualification and maintenance of qualification of Shares shares of a Fund shall be borne by such Fund. The Distributor shall furnish such information and other material relating to its affairs and activities as may be required by the Investment Company in connection with such qualification. (d) The Investment Company will furnish, in reasonable quantities upon request by the Distributor, copies of annual and interim reports of the Investment Company, and such other information regarding the financial condition of the Investment Company as the Distributor may from time to time reasonably request. (e) The Investment Company represents and warrants to the Distributor that: (i) It is a corporation duly organized and existing and in good standing under the laws of the State of Maryland; (ii) It is empowered under the laws of the State of Maryland and by its Articles of Incorporation and Bylaws to enter into and perform this Agreement; (iii) All proceedings required by the Articles of Incorporation and Bylaws have been taken to authorize it to enter into and perform its duties under this Agreement; (iv) It is registered as an open-end management investment company with the SEC under the Investment Company Act; (v) All Shares, when issued, shall be validly issued, fully paid and non-assessable; (vi) This Agreement, when executed and delivered, will constitute a legal, valid and binding obligation of the Investment Company, enforceable against the Investment Company in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties; (vii) The performance by the Investment Company of its obligations hereunder does not and will not contravene any provision of its Articles of Incorporation and Bylaws; (viii) The Investment Company’s Registration Statement is currently effective and, except as the Investment Company otherwise notifies the Distributor, will remain effective with respect to all Shares of its series thereof being offered for sale; (ix) The Investment Company will use its best efforts to ensure that its Registration Statement and Prospectuses have been or will be, as the case may be, carefully prepared in conformity with the requirements of the Securities Act, the Investment Company Act and the respective rules and regulations thereunder, including Form N-1A; (x) The Investment Company will use its best efforts to ensure that (A) its Registration Statement and Prospectuses contain or will contain all statements required to be stated therein in accordance with the Securities Act and the rules and regulations thereunder, (B) all statements of fact contained or to be contained in the Registration Statement or Prospectuses are or will be true and correct at the time indicated or on the effective date as the case may be and (C) neither the Registration Statement nor any Prospectus, when they shall become effective or be authorized for use, will include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading to a purchaser of Shares; (xi) The Investment Company will from time to time file such amendment or amendments to its Registration Statement and Prospectuses as, in the light of then-current and then-prospective developments, shall, in the opinion of its counsel, be necessary in order to have the Registration Statement and Prospectuses at all times contain all material facts required to be stated therein or necessary to make any statements therein not misleading to a purchaser of Shares (“Required Amendments”); and (xii) The Investment Company will use its best efforts to ensure that the Investment Company shall not file any amendment to its Registration Statement or Prospectuses without giving the Distributor reasonable advance notice thereof (which under normal circumstances shall be at least three Investment Company business days); provided, however, that nothing contained in this Agreement shall in any way limit the Investment Company’s right to file at any time such amendments to its Registration Statement or Prospectuses, of whatever character, as the Investment Company may deem advisable, such right being in all respects absolute and unconditional.

Duties of the Investment Company. (a) The Investment Company shall furnish to the Distributor copies of all information, financial statements and other papers which the Distributor may reasonably request for use in connection with the distribution of Shares shares of the Investment Company, and this shall include one certified copy, upon request by the Distributor, of all financial statements prepared for the Investment Company by independent public accountants. The Investment Company shall make available to the Distributor such number of copies of its Prospectus as the Distributor shall reasonably request. (b) The Investment Company shall take, from time to time, but subject to any necessary approval of its shareholders, all necessary action to maintain its registration as an investment company under the Investment Company Act and to fix the number of its authorized Shares shares and to register Shares shares under the Securities Act, to the end that there will be available for sale such number of Shares shares as investors may reasonably be expected to purchase. (c) The Investment Company shall use its best efforts to qualify and maintain the qualification of an appropriate number of Shares shares of each of its Funds for sale under the securities laws of such states as the Distributor and the Investment Company may approve, if such qualification is required by such securities laws. Any such qualification may be withheld, terminated or withdrawn by the Investment Company at any time in its discretion. As provided in Section 8(c) hereof, the expense of qualification and maintenance of qualification of Shares shares of a Fund shall be borne by such Fund. The Distributor shall furnish such information and other material relating to its affairs and activities as may be required by the Investment Company in connection with such qualification. (d) The Investment Company will furnish, in reasonable quantities upon request by the Distributor, copies of annual and interim reports of the Investment Company, and such other information regarding the financial condition of the Investment Company as the Distributor may from time to time reasonably request. (e) The Investment Company represents and warrants to the Distributor that: (i) It is a corporation duly organized and existing and in good standing under the laws of the State of Maryland; (ii) It is empowered under the laws of the State of Maryland and by its Articles of Incorporation and Bylaws to enter into and perform this Agreement; (iii) All proceedings required by the Articles of Incorporation and Bylaws have been taken to authorize it to enter into and perform its duties under this Agreement; (iv) It is registered as an open-end management investment company with the SEC under the Investment Company Act; (v) All Shares, when issued, shall be validly issued, fully paid and non-assessable; (vi) This Agreement, when executed and delivered, will constitute a legal, valid and binding obligation of the Investment Company, enforceable against the Investment Company in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties; (vii) The performance by the Investment Company of its obligations hereunder does not and will not contravene any provision of its Articles of Incorporation and Bylaws; (viii) The Investment Company’s Registration Statement is currently effective and, except as the Investment Company otherwise notifies the Distributor, will remain effective with respect to all Shares of its series thereof being offered for sale; (ix) The Investment Company will use its best efforts to ensure that its Registration Statement and Prospectuses have been or will be, as the case may be, carefully prepared in conformity with the requirements of the Securities Act, the Investment Company Act and the respective rules and regulations thereunder, including Form N-1A; (x) The Investment Company will use its best efforts to ensure that (A) its Registration Statement and Prospectuses contain or will contain all statements required to be stated therein in accordance with the Securities Act and the rules and regulations thereunder, (B) all statements of fact contained or to be contained in the Registration Statement or Prospectuses are or will be true and correct at the time indicated or on the effective date as the case may be and (C) neither the Registration Statement nor any Prospectus, when they shall become effective or be authorized for use, will include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading to a purchaser of Shares; (xi) The Investment Company will from time to time file such amendment or amendments to its Registration Statement and Prospectuses as, in the light of then-current and then-prospective developments, shall, in the opinion of its counsel, be necessary in order to have the Registration Statement and Prospectuses at all times contain all material facts required to be stated therein or necessary to make any statements therein not misleading to a purchaser of Shares (“Required Amendments”); and (xii) The Investment Company will use its best efforts to ensure that the Investment Company shall not file any amendment to its Registration Statement or Prospectuses without giving the Distributor reasonable advance notice thereof (which under normal circumstances shall be at least three Investment Company business days); provided, however, that nothing contained in this Agreement shall in any way limit the Investment Company’s right to file at any time such amendments to its Registration Statement or Prospectuses, of whatever character, as the Investment Company may deem advisable, such right being in all respects absolute and unconditional.

Duties of the Investment Company. (a) The Investment Company shall furnish to the Distributor copies of all information, financial statements and other papers which that the Distributor may reasonably request for use in connection with the distribution of Shares of the Investment Company, and this shall include one certified copy, upon request by the Distributor, of all financial statements prepared for the Investment Company by independent public accountants. The Investment Company shall make available to the Distributor such number of copies of its Prospectus as the Distributor shall reasonably request. (b) The Investment Company shall take, from time to time, but subject to any necessary approval of its shareholders, all necessary action to maintain its registration as an investment company under the Investment Company Act and to fix the number of its authorized Shares and to register Shares under the Securities Act, to the end that there will be available for sale such number of Shares as investors may reasonably be expected to purchase. (c) The Investment Company shall use its best efforts to qualify and maintain the qualification of an appropriate number of Shares of each of its Funds for sale under the securities laws of such states as the Distributor and the Investment Company may approve, if such qualification is required by such securities laws. Any such qualification may be withheld, terminated or withdrawn by the Investment Company at any time in its discretion. As provided in Section 8(c) hereof, the expense of qualification and maintenance of qualification of Shares of a Fund shall be borne by such Fund. The Distributor shall furnish such information and other material relating to its affairs and activities as may be required by the Investment Company in connection with such qualification. . (d) The Investment Company will furnish, in reasonable quantities upon request by the Distributor, copies of annual and interim reports of the Investment Company, and such other information regarding the financial condition of the Investment Company as the Distributor may from time to time reasonably request. (e) The Investment Company represents and warrants to the Distributor that: : (i) (ii) It is a corporation duly organized and existing and in good standing under the laws of the State of Maryland; (ii) ; It is empowered under the laws of the State of Maryland and by its Articles of Incorporation and Bylaws to enter into and perform this Agreement; ; (iii) All proceedings required by the Articles of Incorporation and Bylaws have been taken to authorize it to enter into and perform its duties under this Agreement; ; (iv) It is registered as an open-end management investment company with the SEC under the Investment Company Act; ; (v) All Shares, when issued, shall be validly issued, fully paid and non-assessable; (vi) This Agreement, when executed and delivered, will constitute a legal, valid and binding obligation of the Investment Company, enforceable against the Investment Company in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties; ; (vii) The performance by the Investment Company of its obligations hereunder does not and will not contravene any provision of its Articles of Incorporation and Bylaws; (viii) The Investment Company’s Registration Statement is currently effective and, except as the Investment Company otherwise notifies the Distributor, will remain effective with respect to all Shares of its series thereof being offered for sale; (ix) The Investment Company will use its best efforts to ensure that its Registration Statement and Prospectuses have been or will be, as the case may be, carefully prepared in conformity with the requirements of the Securities Act, the Investment Company Act and the respective rules and regulations thereunder, including Form N-1A; (x) The Investment Company will use its best efforts to ensure that (A) its Registration Statement and Prospectuses contain or will contain all statements required to be stated therein in accordance with the Securities Act and the rules and regulations thereunder, (B) all statements of fact contained or to be contained in the Registration Statement or Prospectuses are or will be true and correct at the time indicated or on the effective date as the case may be and (C) neither the Registration Statement nor any Prospectus, when they shall become effective or be authorized for use, will include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading to a purchaser of Shares; (xi) The Investment Company will from time to time file such amendment or amendments to its Registration Statement and Prospectuses as, in the light of then-current and then-prospective developments, shall, in the opinion of its counsel, be necessary in order to have the Registration Statement and Prospectuses at all times contain all material facts required to be stated therein or necessary to make any statements therein not misleading to a purchaser of Shares (“Required Amendments”); and (xii) The Investment Company will use its best efforts to ensure that the Investment Company shall not file any amendment to its Registration Statement or Prospectuses without giving the Distributor reasonable advance notice thereof (which under normal circumstances shall be at least three Investment Company business days); provided, however, that nothing contained in this Agreement shall in any way limit the Investment Company’s right to file at any time such amendments to its Registration Statement or Prospectuses, of whatever character, as the Investment Company may deem advisable, such right being in all respects absolute and unconditional.

Duties of the Investment Company. (a) The Investment Company shall furnish to the Distributor copies of all information, financial statements and other papers which the Distributor may reasonably request for use in connection with the distribution of Shares shares of the Investment Company, and this shall include one certified copy, upon request by the Distributor, of all financial statements prepared for the Investment Company by independent public accountants. The the Investment Company shall make available to the Distributor such number of copies of its Prospectus as the Distributor shall reasonably request. (b) The Investment Company shall take, from time to time, but subject to any necessary approval of its shareholders, all necessary action to maintain its registration as an investment company under the Investment Company Act and to fix the number of its authorized Shares shares and to register Shares shares under the Securities Act, to the end that there will be available for sale such number of Shares shares as investors may reasonably be expected to purchase. (c) The Investment Company shall use its best efforts to qualify and maintain the qualification of an appropriate number of Shares shares of each of its Funds for sale under the securities laws of such states as the Distributor and the Investment Company may approve, if such qualification is required by such securities laws. Any such qualification may be withheld, terminated or withdrawn by the Investment Company at any time in its discretion. As provided in Section 8(c) hereof, the expense of qualification and maintenance of qualification of Shares shares of a Fund shall be borne by such Fund. The Distributor shall furnish such information and other material relating to its affairs and activities as may be required by the Investment Company in connection with such qualification. (d) The Investment Company will furnish, in reasonable quantities upon request by the Distributor, copies of annual and interim reports of the Investment Company, and such other information regarding the financial condition of the Investment Company as the Distributor may from time to time reasonably request. (e) The Investment Company represents and warrants to the Distributor that: (i) It is a corporation duly organized and existing and in good standing under the laws of the State of Maryland; (ii) It is empowered under the laws of the State of Maryland and by its Articles of Incorporation and Bylaws to enter into and perform this Agreement; (iii) All proceedings required by the Articles of Incorporation and Bylaws have been taken to authorize it to enter into and perform its duties under this Agreement; (iv) It is registered as an open-end management investment company with the SEC under the Investment Company Act; (v) All Shares, when issued, shall be validly issued, fully paid and non-assessable; (vi) This Agreement, when executed and delivered, will constitute a legal, valid and binding obligation of the Investment Company, enforceable against the Investment Company in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties; (vii) The performance by the Investment Company of its obligations hereunder does not and will not contravene any provision of its Articles of Incorporation and Bylaws; (viii) The Investment Company’s Registration Statement is currently effective and, except as the Investment Company otherwise notifies the Distributor, will remain effective with respect to all Shares of its series thereof being offered for sale; (ix) The Investment Company will use its best efforts to ensure that its Registration Statement and Prospectuses have been or will be, as the case may be, carefully prepared in conformity with the requirements of the Securities Act, the Investment Company Act and the respective rules and regulations thereunder, including Form N-1A; (x) The Investment Company will use its best efforts to ensure that (A) its Registration Statement and Prospectuses contain or will contain all statements required to be stated therein in accordance with the Securities Act and the rules and regulations thereunder, (B) all statements of fact contained or to be contained in the Registration Statement or Prospectuses are or will be true and correct at the time indicated or on the effective date as the case may be and (C) neither the Registration Statement nor any Prospectus, when they shall become effective or be authorized for use, will include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading to a purchaser of Shares; (xi) The Investment Company will from time to time file such amendment or amendments to its Registration Statement and Prospectuses as, in the light of then-current and then-prospective developments, shall, in the opinion of its counsel, be necessary in order to have the Registration Statement and Prospectuses at all times contain all material facts required to be stated therein or necessary to make any statements therein not misleading to a purchaser of Shares (“Required Amendments”); and (xii) The Investment Company will use its best efforts to ensure that the Investment Company shall not file any amendment to its Registration Statement or Prospectuses without giving the Distributor reasonable advance notice thereof (which under normal circumstances shall be at least three Investment Company business days); provided, however, that nothing contained in this Agreement shall in any way limit the Investment Company’s right to file at any time such amendments to its Registration Statement or Prospectuses, of whatever character, as the Investment Company may deem advisable, such right being in all respects absolute and unconditional.