Representations and Warranties of ALPS. ALPS represents and warrants to the Trust that: (a) It is duly organized and existing as a corporation and in good standing under the laws of the State of Colorado. (b) It is empowered under applicable laws and by its Articles of Incorporation and By-laws to enter into and perform this Agreement. (c) All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement. (d) It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement in accordance with industry standards.
Appears in 49 contracts
Samples: Administration, Bookkeeping and Pricing Services Agreement, Distribution Agreement (Wesmark Funds), Administration, Bookkeeping and Pricing Services Agreement (ALPS Series Trust)
Representations and Warranties of ALPS. ALPS represents and warrants to the Trust Fund that:
(a) It is duly organized and existing as a corporation and in good standing under the laws of the State of Colorado.
(b) It is empowered under applicable laws and by its Articles of Incorporation and By-laws to enter into and perform this Agreement.
(c) All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement.
(d) It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement in accordance with industry standards.
Appears in 42 contracts
Samples: Administration, Bookkeeping and Pricing Services Agreement (Rivernorth Opportunities Fund, Inc.), Administration, Bookkeeping and Pricing Services Agreement (RiverNorth Specialty Finance Corp), Administration, Bookkeeping and Pricing Services Agreement (RiverNorth Managed Duration Municipal Income Fund II, Inc.)
Representations and Warranties of ALPS. ALPS represents and warrants to the Trust Fund that:
(a) It is duly organized and existing as a corporation and in good standing under the laws of the State of Colorado.
(b) It is empowered under applicable laws and by its Articles Declaration of Incorporation Trust and By-laws to enter into and perform this Agreement.
(c) All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement.
(d) It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement in accordance with industry standards.
Appears in 29 contracts
Samples: Administration Agreement (ALPS ETF Trust), Administration Agreement (ALPS ETF Trust), Administration Agreement (ALPS ETF Trust)
Representations and Warranties of ALPS. ALPS represents and warrants to the Trust Fund that:
(a) It is duly organized and existing as a corporation and in good standing under the laws of the State of Colorado.
(b) It is empowered under applicable laws and by its Articles of Incorporation and By-laws Bylaws to enter into and perform this Agreement.
(c) All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement.
(d) It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement in accordance with industry standards.
Appears in 5 contracts
Samples: Administration, Bookkeeping and Pricing Services Agreement (Broadstone Real Estate Access Fund), Administration, Bookkeeping and Pricing Services Agreement (Broadstone Real Estate Access Fund), Administration, Bookkeeping and Pricing Services Agreement (Broadstone Real Estate Access Fund, Inc.)
Representations and Warranties of ALPS. ALPS represents and warrants to the Trust Funds that:
(a) It is duly organized and existing as a corporation and in good standing under the laws of the State of Colorado.
(b) It is empowered under applicable laws and by its Articles of Incorporation and By-laws to enter into and perform this Agreement.
(c) All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement.
(d) It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement in accordance with industry standards.
Appears in 4 contracts
Samples: Administration, Bookkeeping and Pricing Services Agreement (CC Real Estate Income Fund-T2), Administration, Bookkeeping and Pricing Services Agreement (NorthStar Real Estate Capital Income Master Fund), Administration, Bookkeeping and Pricing Services Agreement (NorthStar Real Estate Capital Income Fund)
Representations and Warranties of ALPS. ALPS represents and warrants to the Trust that:
(a) It is duly organized and existing as a corporation and in good standing under the laws of the State of Colorado.
(b) It is empowered under applicable laws and by its Articles Declaration of Incorporation Trust and By-laws to enter into and perform this Agreement.
(c) All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement.
(d) It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement in accordance with industry standards.
Appears in 3 contracts
Samples: Administration Agreement (ALPS ETF Trust), Fund Accounting and Administration Agreement (Financial Investors Variable Insurance Trust), Fund Accounting and Administration Agreement (Financial Investors Variable Insurance Trust)
Representations and Warranties of ALPS. ALPS represents and warrants to the Trust that:
(a) It is duly organized and existing as a corporation and in good standing under the laws of the State of Colorado.
(b) It is empowered under applicable laws and by its Articles of Incorporation and By-laws to enter into and perform this Agreement.
(c) All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement.
(d) It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement in accordance with industry standards.
(e) Upon the execution and delivery of this Agreement by ALPS and the Trust, this Agreement will be a valid and binding obligation of ALPS.
Appears in 3 contracts
Samples: Transfer Agency Interactive Client Services Agreement (Wesmark Funds), Administration, Bookkeeping and Pricing Services Agreement (Wesmark Funds), Administration, Bookkeeping and Pricing Services Agreement (Wesmark Funds)
Representations and Warranties of ALPS. ALPS represents and warrants to the Trust Fund that:
(a) It is duly organized and existing as a corporation and in good standing under the laws of the State of Colorado.
(b) It is empowered under applicable laws and by its Articles of Incorporation and By-laws to enter into and perform this Agreement.
(c) All requisite corporate proceedings have been taken to authorize it to enter into and perform perfo1m this Agreement.
(d) It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement in accordance with industry standards.
Appears in 2 contracts
Samples: Administration, Bookkeeping and Pricing Services Agreement (Flat Rock Core Income Fund), Administration, Bookkeeping and Pricing Services Agreement (Flat Rock Core Income Fund)
Representations and Warranties of ALPS. ALPS represents and warrants to the Trust Administrator that:
(a) It is duly organized and existing as a corporation and in good standing under the laws of the State of Colorado.
(b) It is empowered under applicable laws and by its Articles of Incorporation and By-laws to enter into and perform this Agreement.
(c) All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement.
(d) It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement in accordance with industry standards.
Appears in 2 contracts
Samples: Sub Administration Agreement (Isi Strategy Fund Inc), Sub Administration Agreement (North American Government Bond Fund Inc)
Representations and Warranties of ALPS. ALPS represents and warrants to the Trust that:
: (a) It is duly organized and existing as a corporation and in good standing under the laws of the State of Colorado.
(b) It is empowered under applicable laws and by its Articles of Incorporation and By-laws to enter into and perform this Agreement.
(c) All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement.
(d) It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement in accordance with industry standards.
Appears in 2 contracts
Samples: Distribution Agreement (Brown Advisory Funds), Administration, Bookkeeping and Pricing Services Agreement (1WS Credit Income Fund)
Representations and Warranties of ALPS. ALPS represents and warrants to the Trust Fund that:
(a) It is duly organized and existing as a corporation and in good standing under the laws of the State of Colorado.
(b) It is empowered under applicable laws and by its Articles of Incorporation and By-laws Bylaws to enter into and perform this Agreement.
(c) All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement.
(d) It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement in accordance with industry standards.
Appears in 1 contract
Samples: Transfer Agency Interactive Client Services Agreement (Cook & Bynum Funds Trust)
Representations and Warranties of ALPS. ALPS represents and warrants to the Trust that:
(a) It is duly organized and existing as a corporation and in good standing under the laws of the State of Colorado.
(b) It is empowered under applicable laws and by its Articles of Incorporation and By-laws Bylaws to enter into and perform this Agreement.
(c) All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement.
(d) It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement in accordance with industry standards.
Appears in 1 contract
Samples: Administration, Bookkeeping and Pricing Services Agreement (Financial Investors Trust)
Representations and Warranties of ALPS. ALPS represents and warrants to the Trust Fund that:
(a) It is duly organized and existing as a corporation and in good standing under the laws of the State of Colorado.
(b) It is empowered under applicable laws and by its Articles Declaration of Incorporation Trust and By-By- laws to enter into and perform this Agreement.
(c) All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement.
(d) It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement in accordance with industry standards.
Appears in 1 contract
Representations and Warranties of ALPS. ALPS represents and warrants to the Trust Cortina that:
(a) It is duly organized and existing as a corporation and in good standing under the laws of the State of Colorado.
(b) It is empowered under applicable laws and by its Articles of Incorporation and By-laws to enter into and perform this Agreement.
(c) All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement.
(d) It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement in accordance with industry standards.
Appears in 1 contract
Samples: Administration, Bookkeeping and Pricing Services Agreement (Cortina Funds, Inc.)
Representations and Warranties of ALPS. ALPS represents and warrants to the Trust Fund that:
(a) It is duly organized and existing as a corporation and in good standing under the laws of the State of Colorado.
(b) It is empowered under applicable laws and by its Articles of Incorporation and By-By- laws to enter into and perform this Agreement.
(c) All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement.
(d) It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement in accordance with industry standards.
Appears in 1 contract
Representations and Warranties of ALPS. ALPS represents and warrants to the Trust Fund that:
(a) It is duly organized and existing as a corporation and in good standing under the laws of the State of Colorado.;
(b) It is empowered under applicable laws and by its Articles of Incorporation and By-laws to enter into and perform this Agreement.;
(c) All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement.; and
(d) It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement in accordance with industry standards.
Appears in 1 contract
Representations and Warranties of ALPS. ALPS represents and warrants to the Trust Fund and DIVIDEND CAPITAL that:
(a) It is duly organized and existing as a corporation and in good standing under the laws of the State of Colorado.
(b) It is empowered under applicable laws and by its Articles of Incorporation and By-laws to enter into and perform this Agreement.
(c) All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement.
(d) It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement in accordance with industry standards.
Appears in 1 contract
Representations and Warranties of ALPS. ALPS represents and warrants to the Trust Administrator and the Fund that:
(a) It is duly organized and existing as a corporation and in good standing under the laws of the State of Colorado.
(b) It is empowered under applicable laws and by its Articles of Incorporation and By-laws to enter into and perform this Agreement.
(c) All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement.
(d) It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement in accordance with industry standards.
Appears in 1 contract
Samples: Sub Administration Agreement (Sierra Total Return Fund)
Representations and Warranties of ALPS. ALPS represents and warrants to the Trust that:
(a) It is duly organized and existing as a corporation and in good standing under the laws of the State of Colorado.
(b) It is empowered under applicable laws and by its Articles of Incorporation Charter and By-laws to enter into and perform this Agreement.
(c) All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement.
(d) It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement in accordance with industry standards.
(e) It will provide the Trust with all information necessary to complete its filing requirements in a timely fashion.
Appears in 1 contract
