Common use of Prior to the Agreement Effective Date Clause in Contracts

Prior to the Agreement Effective Date. Prior to the Agreement Effective Date, the Fund will furnish to Distributor the following: A. copies of the Declaration of Trust and any amendments thereto, certified by the proper official of the state in which such document has been filed; B. a copy of the Fund’s Bylaws and any amendments thereto; C. certified copies of resolutions of the Board covering the approval of this Agreement, authorization of a specified officer of the Fund to execute and deliver this Agreement and authorization for specified officers of the Fund to instruct Distributor thereunder; D. a list of all the officers of the Fund, together with specimen signatures of those officers who are authorized to instruct Distributor in all matters; E. the Fund’s most recent audited financial statements; F. the Fund’s Registration Statement and all amendments thereto filed with the SEC pursuant to the Securities Act and the 1940 Act; G. contact information for the Fund’s service providers, including but not limited to, the Fund’s administrator, custodian, transfer agent, independent accountants, legal counsel and chief compliance officer; H. a copy of procedures adopted by the Fund in accordance with Rule 38a-1 under the 1940 Act; and I. any material correspondence or other communication by the SEC, FINRA, any government or self-regulatory organization or its staff relating to the Fund, including any related to examinations of the Fund, requests by the SEC for amendments to the Registration Statement or any advertising or sales literature.

Appears in 12 contracts

Samples: Distribution Agreement (OneAscent Capital Opportunities Fund), Distribution Agreement (83 Investment Group Income Fund), Distribution Agreement (Booster Income Opportunities Fund)

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Prior to the Agreement Effective Date. Prior to the Agreement Effective Date, the Fund will furnish to Distributor the following: A. copies of the Declaration of Trust and any amendments thereto, certified by the proper official of the state in which such document has been filed; B. a copy of the Fund’s Bylaws and any amendments thereto; C. certified copies of resolutions of the Board covering the approval of this Agreement, authorization of a specified officer of the Fund to execute and deliver this Agreement and authorization for specified officers of the Fund to instruct Distributor thereunder; D. a list of all the officers of the Fund, together with specimen signatures of those officers who are authorized to instruct Distributor in all matters; E. the Fund’s most recent audited financial statements; F. the Fund’s Registration Statement and all amendments thereto filed with the SEC pursuant to the Securities Act and the 1940 Act; G. contact information for the Fund’s service providers, including but not limited to, the Fund’s administrator, custodian, transfer agent, independent accountants, legal counsel and chief compliance officer; H. a copy of procedures adopted by the Fund in accordance with Rule 38a-1 under the 1940 Act; and I. any material correspondence or other communication by the SEC, FINRA, any government or self-regulatory organization or its staff relating to the Fund, including any related to examinations of the Fund, requests by the SEC for amendments to the Registration Statement or any advertising or sales literature.. [Axxes Opportunistic Credit Fund, May 29, 2024

Appears in 1 contract

Samples: Distribution Agreement (Axxes Opportunistic Credit Fund)

Prior to the Agreement Effective Date. Prior to the Agreement Effective Date, the Fund will furnish to Distributor the following: A. copies of the Declaration Certificate of Trust and any amendments thereto, certified by the proper official of the state in which such document has been filed; B. a copy of the Fund’s Agreement and Declaration of Trust and Bylaws and any amendments thereto; C. certified copies of resolutions of the Board covering the approval of this Agreement, authorization of a specified officer of the Fund to execute and deliver this Agreement and authorization for specified officers of the Fund to instruct Distributor thereunder; D. a list of all the officers of the Fund, together with specimen signatures of those officers who are authorized to instruct Distributor in all matters; E. the Fund’s most recent audited financial statements; F. the Fund’s Registration Statement and all amendments thereto filed with the SEC pursuant to the Securities Act and the 1940 Act; G. contact information for the Fund’s service providers, including but not limited to, the Fund’s administrator, custodian, transfer agent, independent accountants, legal counsel and chief compliance officer; H. a copy of procedures adopted by the Fund in accordance with Rule 38a-1 under the 1940 Act; and I. any material correspondence or other communication by the SEC, FINRA, any government or self-regulatory organization or its staff relating to the Fund, including any related to examinations of the Fund, requests by the SEC for amendments to the Registration Statement or any advertising or sales literature.

Appears in 1 contract

Samples: Distribution Agreement (Flat Rock Enhanced Income Fund)

Prior to the Agreement Effective Date. Prior to the Agreement Effective Date, the Fund will furnish to Distributor the following: A. copies of the Declaration of Trust and any amendments thereto, certified by the proper official of the state in which such document has been filed; B. a copy of the Fund’s Bylaws and any amendments thereto; C. certified copies of resolutions of the Board covering the approval of this Agreement, authorization of a specified officer of the Fund to execute and deliver this Agreement and authorization for specified officers of the Fund to instruct Distributor thereunder; D. a list of all the officers of the Fund, together with specimen signatures of those officers who are authorized to instruct Distributor in all matters; E. the Fund’s most recent audited financial statements; F. the Fund’s Registration Statement and all amendments thereto filed with the SEC pursuant to the Securities Act and the 1940 Act; G. X. contact information for the Fund’s service providers, including but not limited to, the Fund’s administrator, custodian, transfer agent, independent accountants, legal counsel and chief compliance officer; H. a copy of procedures adopted by the Fund in accordance with Rule 38a-1 under the 1940 Act; and I. any material correspondence or other communication by the SEC, FINRA, any government or self-regulatory organization or its staff relating to the Fund, including any related to examinations of the Fund, requests by the SEC for amendments to the Registration Statement or any advertising or sales literature.

Appears in 1 contract

Samples: Distribution Agreement (Axxes Private Markets Fund)

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Prior to the Agreement Effective Date. Prior to the Agreement Effective Date, the Fund will furnish to Distributor the following: A. copies of the Declaration Certificate of Trust and any amendments thereto, certified by the proper official of the state in which such document has been filed; B. a copy of the Fund’s Agreement and Declaration of Trust and Bylaws and any amendments thereto; C. certified copies of resolutions of the Board covering the approval of this Agreement, authorization of a specified officer of the Fund to execute and deliver this Agreement and authorization for specified officers of the Fund to instruct Distributor thereunder; D. a list of all the officers of the Fund, together with specimen signatures of those officers who are authorized to instruct Distributor in all matters; E. the Fund’s most recent audited financial statements; F. the Fund’s Registration Statement and all amendments thereto filed with the SEC pursuant to the Securities Act and the 1940 Act; G. X. contact information for the Fund’s service providers, including but not limited to, the Fund’s administrator, custodian, transfer agent, independent accountants, legal counsel and chief compliance officer; H. a copy of procedures adopted by the Fund in accordance with Rule 38a-1 under the 1940 Act; and I. any material correspondence or other communication by the SEC, FINRA, any government or self-regulatory organization or its staff relating to the Fund, including any related to examinations of the Fund, requests by the SEC for amendments to the Registration Statement or any advertising or sales literature.

Appears in 1 contract

Samples: Distribution Agreement (CIM Real Assets & Credit Fund)

Prior to the Agreement Effective Date. Prior to the Agreement Effective Date, the Fund will furnish or make available to Distributor the following: A. copies of the Declaration of Trust and any amendments thereto, certified by the proper official of the state in which such document has been filed; B. a copy of the Fund’s Bylaws and any amendments thereto; C. certified copies of resolutions of the Board covering the approval of this Agreement, authorization of a specified officer of the Fund to execute and deliver this Agreement and authorization for specified officers of the Fund to instruct Distributor thereunder; D. a list of all the officers of the Fund, together with specimen signatures of those officers who are authorized to instruct Distributor in all matters; E. the Fund’s most recent audited financial statements; F. the Fund’s Registration Statement and all amendments thereto filed with the SEC pursuant to the Securities Act and the 1940 Act; G. contact information for the Fund’s service providers, including but not limited to, the Fund’s administrator, custodian, transfer agent, independent accountants, legal counsel and chief compliance officer; H. a copy of procedures adopted by the Fund in accordance with Rule 38a-1 under the 1940 Act; and I. any material correspondence or other communication by the SEC, FINRA, any government or self-regulatory organization or its staff relating to the Fund, including any related to examinations of the Fund, requests by the SEC for amendments to the Registration Statement or any advertising or sales literature.

Appears in 1 contract

Samples: Distribution Agreement (Dynamic Alternatives Fund)

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