MXXXXXX Sample Clauses
MXXXXXX xxx is registered as an investment company classified as an open-end management company under the 1940 Act and its registration with the SEC as an investment company is in full force and effect.
MXXXXXX xxx, on behalf of the Acquired Funds, represents and warrants to the Acquiring Fund as follows:
MXXXXXX. Xxxxxx International shall guarantee the Obligations of each of the other Revolving Borrowers pursuant to Article XI hereof.
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 Acquired Funds and grants them all powers necessary or desirable to carry out such responsibility, including administering the Acquired Funds’ business as described in the prospectus of the Acquired Funds.
MXXXXXX. Xxxxxx International may from time to time, upon not less than 15 Business Days’ prior notice from Mxxxxxx-Xxxxxx International to the Administrative Agent and the Swingline Lender affected thereby (or such shorter period as may be agreed by the Administrative Agent and the Swingline Lender affected thereby in their sole discretion), terminate a Subsidiary Swingline Borrower’s status as such, provided that there are no outstanding Swingline Loans payable by such Subsidiary Swingline Borrower, or other amounts payable by such Subsidiary Swingline Borrower on account of any Swingline Loans made to it, as of the effective date of such termination. The Administrative Agent will promptly notify the Lenders of any such termination of a Subsidiary Swingline Borrower.
MXXXXXX. Xxxxxx International, a Borrower under the Agreement, hereby requests, on behalf of itself or, if applicable, the other Revolving Borrower referenced in item 5 below (select one): A borrowing of A continuation of A repayment of A conversion of
MXXXXXX. Xxxxxx International hereby unconditionally and irrevocably waives any duty on the part of any Lender to disclose to Mxxxxxx-Xxxxxx International any matter, fact or thing relating to the business, condition (financial or otherwise), operations, performance, properties or prospects of any Designated Borrower or any of the Subsidiaries now or hereafter known by such Lender.
MXXXXXX xxx, on behalf of the Acquired Funds, shall furnish to the Acquiring Fund on the Closing Date, a final statement of the total amount of such Acquired Funds’ assets and liabilities as of the Closing Date.
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: