Common use of REPRESENTATIONS AND WARRANTIES OF CMA AND THE FUNDS Clause in Contracts

REPRESENTATIONS AND WARRANTIES OF CMA AND THE FUNDS. 7.1 CMA represents and warrants the following: (a) CMA’s execution, delivery and performance of this Agreement: (i) have been authorized by all necessary action, (ii) do not violate the terms of any law, regulation, or court order to which CMA is subject or the terms of any material agreement to which CMA or any of its assets may be subject and (iii) are not subject to the consent or approval of any third party; (b) this Agreement is the valid and binding obligation of CMA, enforceable against CMA in accordance with its terms; and (c) CMA is not subject to any pending or threatened litigation or governmental action which could interfere with CMA’s performance of its obligations hereunder. 7.2 Each Fund represents and warrants the following: (a) the Fund’s execution, delivery and performance of this Agreement: (i) have been authorized by all necessary action, (ii) do not violate the terms of any law, regulation, or court order to which the Fund is subject or the terms of any material agreement to which the Fund or any of its assets may be subject and (iii) are not subject to the consent or approval of any third party; (b) this Agreement is the valid and binding obligation of the Fund enforceable against the Fund in accordance with its terms; and (c) the Fund is not subject to any pending or threatened litigation or governmental action which could interfere with the Fund’s performance of its obligations hereunder. In addition, each Fund represents and warrants the following: (1) The Fund is an investment company properly registered under the 1940 Act; (2) A registration statement under the 1940 Act with respect to the Fund has been filed and will be effective and remain effective during the term of this Agreement; (3) As of the effective date of this Agreement, all necessary filings under the securities laws of the states in which the Fund offers or sells its shares have been made; (4) As of the close of business on the date of this Agreement, the Fund is authorized to issue shares of beneficial interest; and (5) The Fund is duly organized, and existing and in good standing under the laws of its state of organization.

REPRESENTATIONS AND WARRANTIES OF CMA AND THE FUNDS. 7.1 CMA represents and warrants the following: (a) CMA’s execution, delivery and performance of this Agreement: (i) have been authorized by all necessary action, (ii) do not violate the terms of any law, regulation, or court order to which CMA is subject or the terms of any material agreement to which CMA or any of its assets may be subject and (iii) are not subject to the consent or approval of any third party; (b) this Agreement is the valid and binding obligation of CMA, enforceable against CMA in accordance with its terms; and (c) CMA is not subject to any pending or threatened litigation or governmental action which could interfere with CMA’s performance of its obligations hereunder. 7.2 Each Fund represents and warrants the following: (a) the Fund’s execution, delivery and performance of this Agreement: (i) have been authorized by all necessary action, (ii) do not violate the terms of any law, regulation, or court order to which the Fund is subject or the terms of any material agreement to which the Fund or any of its assets may be subject and (iii) are not subject to the consent or approval of any third party; (b) this Agreement is the valid and binding obligation of the Fund enforceable against the Fund in accordance with its terms; and (c) the Fund is not subject to any pending or threatened litigation or governmental action which could interfere with the Fund’s Fund ‘s performance of its obligations hereunder. In addition, each Fund represents and warrants the following: (1) The Fund is an investment company properly registered under the 1940 Act; (2) A registration statement under the 1940 Act with respect to the Fund has been filed and will be effective and remain effective during the term of this Agreement; (3) As of the effective date of this Agreement, all necessary filings under the securities laws of the states in which the Fund offers or sells its shares have been made; (4) As of the close of business on the date of this Agreement, the Fund is authorized to issue shares of beneficial interest; and (5) The Fund is duly organized, and existing and in good standing under the laws of its state of organization.