Common use of REPRESENTATIONS AND WARRANTIES BY THE UNDERWRITER Clause in Contracts

REPRESENTATIONS AND WARRANTIES BY THE UNDERWRITER. The Underwriter represents and warrants that: 2.3.1 It is registered as a broker/dealer with the SEC under the 1934 Act, and is a member in good standing of the NASD.

REPRESENTATIONS AND WARRANTIES BY THE UNDERWRITER. The Underwriter represents and warrants that: 2.3.1 It is registered as a broker/broker dealer with the SEC under the 1934 Act, and is a member in good standing of the NASD. 2.3.2 Each investment adviser (each, an “Adviser”) of a Portfolio, as indicated in the current prospectus of the Portfolio, is duly registered as an investment adviser under the Investment Advisers Act of 1940, as amended or exempt from such registration. 2.3.3 It will perform its obligations under this Agreement in accordance with the 1933 and 1940 Acts.

REPRESENTATIONS AND WARRANTIES BY THE UNDERWRITER. The Underwriter represents and warrants that:: 2. 2.3.1 3.1 It is registered as a broker/broker dealer with the SEC under the 1934 Act, and is a member in good standing of the NASD.

REPRESENTATIONS AND WARRANTIES BY THE UNDERWRITER. The Underwriter represents and warrants that: 2.3.1 It is registered as a broker/broker dealer with the SEC under the 1934 Act, and is a member in good standing of the NASD. 2.3.2 Each investment adviser listed on Schedule C (each, an “Adviser”) is duly registered as an investment adviser under the Investment Advisers Act of 1940, as amended, and any applicable state securities law. 2.3.3 When requested by you in writing, it agrees to provide you with such information as you may reasonably request that is required for you to comply with applicable state insurance laws or regulations.