Common use of Representations and Obligations of the Acquiring Fund Clause in Contracts

Representations and Obligations of the Acquiring Fund. The Acquiring Fund represents, warrants, and agrees as follows: (a) it will comply with the terms and conditions of Rule 12d1-4 and this Agreement; (b) it will promptly notify the Acquired Fund if the Acquiring Fund fails to comply with the terms and conditions of Rule 12d1-4 or this Agreement; (c) it will adopt policies and procedures reasonably designed to prevent violations of Rule 12d1-4; and (d) it irrevocably waives its right to vote all of the shares of common stock (the “Common Stock”) of the Acquired Fund that it currently owns and will acquire to the extent that such combined ownership is more than 4.99% of the Acquired Fund’s outstanding shares of Common Stock.

Representations and Obligations of the Acquiring Fund. The Acquiring Fund represents, warrants, and agrees as follows: (a) it will comply with the terms and conditions of Rule 12d1-4 and this Agreement; (b) it will promptly notify the Acquired Fund if the Acquiring Fund fails to comply with the terms and conditions of Rule 12d1-4 or this Agreement; (c) it will adopt policies and procedures reasonably designed to prevent violations of Rule 12d1-4; and (d) [it irrevocably waives its right to vote all of the shares of common stock (the “Common Stock”) of the Acquired Fund that it currently owns and will acquire to the extent that such combined ownership is more than 4.99% of the Acquired Fund’s outstanding shares of Common Stock.]