Common use of Representations and Warranties of Adviser Clause in Contracts

Representations and Warranties of Adviser. The Adviser represents and warrants to the Sub-Adviser as follows: (a) The Adviser is registered as an investment adviser under the Advisers Act; (b) The Adviser is a limited liability company duly organized and validly existing under the laws of the state of Delaware with the power to own and possess its assets and carry on its business as it is now being conducted; (c) There are no pending, threatened or contemplated actions, suits, proceedings or investigations before or by any court, governmental, administrative, or self-regulatory body, board of trade, exchange, or arbitration panel to which it or any of its principal executive officers is a party or to which it or any of its assets are subject, nor has it received any notice of any investigation, inquiry, or dispute in any court, governmental, administrative, or self-regulatory body, board of trade, exchange or arbitration panel regarding any of its activities; (d) This Agreement is a valid and binding agreement of the Adviser.

Representations and Warranties of Adviser. The Adviser represents and warrants to the Sub-Adviser as follows: (a) The Adviser is registered as an investment adviser under the Advisers Act; (b) The Adviser is a limited liability company duly organized and validly existing under the laws of the state State of Delaware with the power to own and possess its assets and carry on its business as it is now being conducted; (c) There are no pending, threatened or contemplated actions, suits, proceedings or investigations before or by any court, governmental, administrative, or self-regulatory body, board of trade, exchange, or arbitration panel to which it or any of its principal executive officers is a party or to which it or any of its assets are subject, nor has it received any notice of any investigation, inquiry, or dispute in any court, governmental, administrative, or self-regulatory body, board of trade, exchange or arbitration panel regarding any of its activities; (d) This Agreement is a valid and binding agreement of the Adviser.