MXXXXXX xxx is a duly registered, open-end, management investment company, and its registration with the SEC as an investment company under the 1940 Act is in full force and effect;
MXXXXXX xxx, on behalf of the Acquiring Fund, represents and warrants to the Acquired Funds as follows:
MXXXXXX xxx, on behalf of the Acquired Funds, shall have delivered to the Acquiring Fund at the Closing a certificate executed on behalf of the Acquired Fund, by MXXXXXX.xxx’s President, Treasurer, or Secretary, in form and substance satisfactory to the Acquiring Fund and dated as of the Closing Date, to the effect that the representations and warranties of MXXXXXX.xxx and the Acquired Funds made herein are true and correct at and as of the Closing Date, except as they may be affected by the transactions contemplated herein and as to such other matters as the Acquiring Fund shall reasonably request.
MXXXXXX xxx is a statutory trust duly created pursuant to its Agreement and Declaration of Trust, is validly existing and in good standing under the laws of Delaware, and the Agreement and Declaration of Trust directs its trustees to manage the affairs of MXXXXXX.xxx and the Acquiring Fund and grants them all powers necessary or desirable to carry out such responsibility, including administering the Acquiring Fund’s business as described in the prospectus of the Acquiring Fund;
MXXXXXX. Xxxxxx International shall guarantee the Obligations of each of the other Revolving Borrowers pursuant to Article XI hereof.
MXXXXXX. The term “MxXxxxx” shall have the meaning set forth in the preamble.
MXXXXXX s/ Sxxxx XxXxxxx
MXXXXXX. XXXX of Txx Xxxxx, 0 Xxxxxxxxx Xxxxx, Xxxxxx XX00 0XX (“the Executive”) IT IS HEREBY AGREED as follows:-
MXXXXXX. XX ---------------------------- JOHN E. XXXXXXX AGREEMENT TO PROVIDE LEGAL SERVICES TO BUTTERFIELD-BLAIR, INC. D.B.A. NOVAHEAD, INC. Xxxx Xxxxxxxxt to provide Chief Financial Officer services ("Agreement") is entered into this 25TH day of March 2002 (the "Effective Date") by and between Charles L. Firestein P.C. ("Firestein"), an Individual with Butterfield - Blair, Xxx., x Xxxxxxxx xorporatixx, xxx xovahead, inc. (the "Comxxxx"), xxx xxx xx its successor corporations acquired or merged with any other company. Subject to the terms and conditions of this Agreement, the Company desires to engage the services of Firestein as its Legal Counsel. Firestein desires to perform the serxxxxx xxx the Company on the terms and conxxxxxxx contained herein Now, therefore, in consideration of the mutual promises, covenants and undertakings herein contained and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged the parties hereby agree as follows:
MXXXXXX xxx, on behalf of the Acquired Funds, covenants that the corresponding Acquiring Fund Shares to be issued hereunder are not being acquired for the purpose of making any distribution thereof, other than in accordance with the terms of this Agreement.
