Common use of Representation, Warranties and Agreements of Portfolio Manager Clause in Contracts

Representation, Warranties and Agreements of Portfolio Manager. Portfolio Manager represents and warrants that: ( a) It is registered as an investment adviser under the Investment Advisers Act of 1940 ("Investment Advisers Act"), it will maintain such registration in full force and effect and will promptly report to the Trust the commencement of any formal proceeding that could render the Portfolio Manager ineligible to serve as an investment adviser to a registered investment company under Section 9 of the Investment Company Act.

Representation, Warranties and Agreements of Portfolio Manager. Portfolio Manager represents and warrants that: ( a) It is registered as an investment adviser under the Investment Advisers Act of 1940 1940, as amended ("Investment Advisers Act"), it will maintain such registration in full force and effect and will will, consistent with its obligations under Regulation FD, promptly report to the Trust the commencement existence of any formal litigation or proceeding that could render that, in the event of an adverse outcome, cause the Portfolio Manager to become ineligible to serve as an investment adviser to a registered investment company under Section 9 of the Investment Company Act.

Representation, Warranties and Agreements of Portfolio Manager. Portfolio Manager represents and warrants that: ( a) It is registered as an investment adviser under the Investment Advisers Act of 1940 ("Investment Advisers InvestmentAdvisers Act"), it will maintain such registration in full force and effect and will promptly report to the Trust theTrust the commencement of any formal proceeding that could render the Portfolio Manager ineligible to ineligibleto serve as an investment adviser to a registered investment company under Section 9 of the Investment Company InvestmentCompany Act.