Common use of Representation and Warranty of BBH&Co Clause in Contracts

Representation and Warranty of BBH&Co. BBH&Co. hereby represents and warrants that (i) this Agreement has been duly authorized, executed and delivered by BBH&Co. and does not and will not violate any Applicable Law or conflict with or constitute a default under BBH&Co.'s limited partnership agreement or any agreement, instrument, judgment, order or decree to which BBH&Co. is a party or by which it is bound; (ii) it has the power and authority under its organizational documents to perform the duties set out in this Agreement; and (iii) it is, and will continue to be during the term of this Agreement, in material compliance with all Applicable Law applicable to it in respect of its duties, obligations and services under this Agreement.

Appears in 2 contracts

Samples: Custodian Agreement (James Alpha Funds Trust), Custodian Agreement (James Alpha Funds Trust)

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Representation and Warranty of BBH&Co. BBH&Co. hereby represents and warrants that (i) this Agreement has been duly authorized, executed and delivered by BBH&Co. and does not and will not violate any Applicable Law or conflict with or constitute a default under BBH&Co.'s ’s limited partnership agreement or any agreement, instrument, judgment, order or decree to which BBH&Co. is a party or by which it is bound; (ii) it . The Custodian has the power and authority under to enter into and perform its organizational documents to perform the duties set out in under this Agreement; and (iii) it is, and will continue to be during the term of this Agreement, in material compliance with all Applicable Law applicable to it in respect of its duties, duties and obligations and services under this Agreement.

Appears in 1 contract

Samples: Custodian Agreement (BondBloxx ETF Trust)

Representation and Warranty of BBH&Co. as Custodian. BBH&Co. hereby represents and warrants that (i) that this Agreement has been duly authorized, executed and delivered by BBH&Co. and does not and will not violate any Applicable Law or conflict with or constitute a default under BBH&Co.'s limited partnership agreement or any agreement, instrument, judgment, order or decree to which BBH&Co. is a party or by which it is bound; (ii) it has the power and authority under its organizational documents to perform the duties set out in this Agreement; and (iii) it is, and will continue to be during the term of this Agreement, in material compliance with all Applicable Law applicable to it in respect of its duties, obligations and services under this Agreement.

Appears in 1 contract

Samples: Custodian Agreement (Engine No. 1 ETF Trust)

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Representation and Warranty of BBH&Co. as Custodian. BBH&Co. hereby represents and warrants that (i) this Agreement has been duly authorized, executed and delivered by BBH&Co. and does not and will not violate any Applicable Law or conflict with or constitute a default under BBH&Co.'s ’s limited partnership agreement or any agreement, instrument, judgment, order or decree to which BBH&Co. is a party or by which it is bound; (ii) it has the power and authority under its organizational documents to perform the duties set out in this Agreement; and (iii) it is, and will continue to be during the term of this Agreement, in material compliance with all Applicable Law applicable to it in respect of its duties, obligations and services under this Agreement.; and (iv) subject to the provisions of Section 9 (Responsibility of the Custodian) and its subsections and

Appears in 1 contract

Samples: Custodian Agreement (Pgim Etf Trust)

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