Common use of Form N-14 and Exemptive Application Clause in Contracts

Form N-14 and Exemptive Application. The Exemptive Application, and the N-14 Registration Statement, on the effective date of the N-14 Registration Statement, at the time of the stockholders' meetings referred to in Section 6 of this Agreement and at the Effective Date, insofar as it relates to the Spain and Portugal Fund (i) shall have complied or will comply in all material respects with the provisions of the 1933 Act, the 1934 Act and the 1940 Act and the rules and regulations thereunder and (ii) did not or will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein not misleading; and the prospectus included therein did not or will not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided, however, that the representations and warranties in this subsection shall not apply to statements in or omissions from the N-14 Registration Statement made in reliance upon and in conformity with information furnished by the Growth Fund of Spain for use in the N-14 Registration Statement.

Form N-14 and Exemptive Application. The Exemptive Application, and the N-14 Registration Statement, on the effective date of the N-14 Registration Statement, at the time of the stockholdersshareholders' meetings referred to in Section 6 of this Agreement and at the Effective Date, insofar as it relates to the Spain and Portugal Latin America Investment Fund (i) shall have complied or will comply in all material respects with the provisions of the 1933 Act, the 1934 Act and the 1940 Act and the rules and regulations thereunder and (ii) did not or will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein not misleading; and the prospectus included therein did not or will not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided, however, that the representations and warranties in this subsection Section 4.13 shall not apply to statements in in, or omissions from from, the N-14 Registration Statement made in reliance upon and in conformity with information furnished by the Growth Latin America Equity Fund of Spain for use in the N-14 Registration Statement. 4.14.

Form N-14 and Exemptive Application. The Exemptive Application, and the N-14 Registration Statement, on the effective date of the N-14 Registration Statement, at the time of the stockholdersshareholders' meetings referred to in Section 6 of this Agreement and at the Effective Date, insofar as it relates to the Spain and Portugal Latin America Equity Fund (i) shall have complied or will comply in all material respects with the provisions of the 1933 Act, the 1934 Act and the 1940 Act and the rules and regulations thereunder and (ii) did not or will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein not misleading; and the prospectus included therein did not or will not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided, however, that the representations and warranties in this subsection Section 4.13 shall not apply to statements in in, or omissions from from, the N-14 Registration Statement made in reliance upon and in conformity with information furnished by the Growth Latin America Investment Fund of Spain for use in the N-14 Registration Statement.

Form N-14 and Exemptive Application. The Exemptive Application, and the N-14 Registration Statement, on the effective date of the N-14 Registration Statement, at the time of the stockholdersshareholders' meetings referred to in Section 6 of this Agreement and at the Effective Date, insofar as it relates to the Spain and Portugal Emerging Markets Telecommunications Fund (i) shall have complied or will comply in all material respects with the provisions of the 1933 Act, the 1934 Act and the 1940 Act and the rules and regulations thereunder and (ii) did not or will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein not misleading; and the prospectus included therein did not or will not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided, however, that the representations and warranties in this subsection Section 4.13 shall not apply to statements in in, or omissions from from, the N-14 Registration Statement made in reliance upon and in conformity with information furnished by the Growth Emerging Markets Infrastructure Fund of Spain for use in the N-14 Registration Statement.

Form N-14 and Exemptive Application. The Exemptive Application, and the N-14 Registration Statement, on the effective date of the N-14 Registration Statement, at the time of the stockholdersshareholders' meetings referred to in Section 6 of this Agreement and at the Effective Date, insofar as it relates to the Spain and Portugal Latin America Investment Fund (i) shall have complied or will comply in all material respects with the provisions of the 1933 Act, the 1934 Act and the 1940 Act and the rules and regulations thereunder and (ii) did not or will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein not misleading; and the prospectus included therein did not or will not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; providedPROVIDED, howeverHOWEVER, that the representations and warranties in this subsection Section 4.13 shall not apply to statements in in, or omissions from from, the N-14 Registration Statement made in reliance upon and in conformity with information furnished by the Growth Latin America Equity Fund of Spain for use in the N-14 Registration Statement.