Common use of Representations and Warranties of Each Fund Clause in Contracts

Representations and Warranties of Each Fund. Each Fund hereby severally and not jointly represents and warrants that each of the following shall be true, correct and complete with respect to each Fund at all times during the term of this Agreement: (i) the Fund is duly organized under the laws of its jurisdiction of organization and is registered as an open-end management investment company under the 1940 Act; and (ii) the execution, delivery and performance by the Fund of this Agreement are (w) within its power, (x) have been duly authorized by all necessary action, and (y) will not (A) contribute to or result in a breach of or default under or conflict with any existing law, order, regulation or ruling of any governmental or regulatory agency or authority, or (B) violate any provision of the Fund's corporate charter, Declaration of Trust or other organizational document, or bylaws, or any amendment thereof or any provision of its most recent Prospectus or Statement of Additional Information.

Appears in 121 contracts

Samples: Custodian Agreement (Fidelity Salem Street Trust), Custodian Agreement (Variable Insurance Products Fund Iv), Custodian Agreement (Fidelity Select Portfolios)

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Representations and Warranties of Each Fund. Each Fund hereby severally and not jointly represents and warrants that each of the following shall be true, correct and complete with respect to each Fund at all times during the term of this Agreement: (i) the Fund is duly organized under the laws of its jurisdiction of organization and is registered as an open-end management investment company under the 1940 Act; and (ii) the execution, delivery and performance by the Fund of this Agreement are (w) within its power, (x) have been duly authorized by all necessary action, and (y) will not (A) contribute to or result in a breach of or default under or conflict with any existing law, order, regulation or ruling of any governmental or regulatory agency or authority, or (B) violate any provision of the Fund's corporate charter, Declaration of Trust or other organizational document, or bylaws, or any amendment thereof or any provision of its most recent Prospectus or Statement of Additional Information.. (b)

Appears in 37 contracts

Samples: Custodian Agreement (Colchester Street Trust), Custodian Agreement (Fidelity Revere Street Trust), Form of Custodian Agreement Agreement (Fidelity School Street Trust/)

Representations and Warranties of Each Fund. Each Fund hereby severally and not jointly represents and warrants that each of the following shall be true, correct and complete with respect to each Fund at all times during the term of this Agreement: (i) the Fund is duly organized under the laws of its jurisdiction of organization and is registered as an open-end management investment company or closed-end management investment company, as the case may be, under the 1940 Investment Company Act; , and (ii) the execution, delivery and performance by the Fund of this Agreement are (w1) within its power, (x2) have been duly authorized by all necessary action, and (y3) will not (Aa) contribute to or result in a breach of or default under or conflict with any existing law, order, regulation or ruling of any governmental or regulatory agency or authority, or (Bb) violate any provision of the Fund's corporate charterarticles of incorporation, Declaration declaration of Trust trust or other organizational document, or bylaws, or any amendment thereof or any provision of its most recent Prospectus or or, if any, Statement of Additional Information.

Appears in 18 contracts

Samples: Agreement Between (Blackrock Municipal Income Investment Trust), Agreement Between (Blackrock Muniyield Michigan Quality Fund, Inc.), Agreement Between (Blackrock Muniholdings New Jersey Quality Fund, Inc.)

Representations and Warranties of Each Fund. Each Fund hereby severally and not jointly represents and warrants that each of the following shall be true, correct and complete with respect to each Fund at all times during the term of this Agreement: (i) the Fund is duly organized under the laws of its jurisdiction of organization and is registered as an open-end management investment company or closed-end management investment company, as the case may be, under the 1940 Investment Company Act; , and (ii) the execution, delivery and performance by the Fund of this Agreement are (w1) within its power, (x2) have been duly authorized by all necessary action, and (y3) will not (Aa) contribute to or result in a breach of or default under or conflict with any existing law, order, regulation or ruling of any governmental or regulatory agency or authority, or (Bb) violate any provision of the Fund's corporate charter’s articles of incorporation, Declaration declaration of Trust trust or other organizational document, or bylaws, or any amendment thereof or any provision of its most recent Prospectus or or, if any, Statement of Additional Information.

Appears in 18 contracts

Samples: Custodian Agreement (BlackRock Multi-Sector Opportunities Trust II), Custodian Agreement (Blackrock Muniyield New Jersey Fund, Inc.), Custodian Agreement (BlackRock Fixed Income Value Opportunities II)

Representations and Warranties of Each Fund. Each Fund hereby severally and not jointly represents and warrants that each of the following shall be true, correct and complete with respect to each Fund at all times during the term of this Agreement: (i) the Fund is duly organized under the laws of its jurisdiction of organization and is registered as an open-end management investment company under the 1940 Act; and (ii) the execution, delivery and performance by the Fund of this Agreement are (w) within its power, (x) have been duly authorized by all necessary action, and (y) will not (A) contribute to or result in a breach of or default under or conflict with any existing law, order, regulation or ruling of any governmental or regulatory agency or authority, or (B) violate any provision of the Fund's ’s corporate charter, Declaration of Trust or other organizational document, or bylaws, or any amendment thereof or any provision of its most recent Prospectus or Statement of Additional Information.

Appears in 6 contracts

Samples: Custodian Agreement (Fidelity Private Credit Fund), Custodian Agreement (Fidelity Greenwood Street Trust), Custodian Agreement (Fidelity Commonwealth Trust II)

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Representations and Warranties of Each Fund. Each Fund fund hereby severally and not jointly represents and warrants that each of the following shall be true, correct and complete with respect to each Fund at all times during the term of this Agreement: (i) the Fund is duly organized under the laws of its jurisdiction of organization and is registered as an open-end management investment company under the 1940 Act; and (ii) the execution, delivery and performance by the Fund of this Agreement are (w) within its power, (x) have been duly authorized by all necessary action, and (y) will not (A) contribute to or result in a breach of or default under or conflict with any existing law, order, regulation or ruling of any governmental or regulatory agency or authority, or (B) violate any provision of the Fund's corporate charter, Declaration of Trust or other organizational document, or bylaws, or any amendment thereof or any provision of its most recent Prospectus or Statement of Additional Information.. (b)

Appears in 4 contracts

Samples: Custodian Agreement (Fidelity Commonwealth Trust), Custodian Agreement (Fidelity Concord Street Trust), Custodian Agreement (Variable Insurance Products Fund Ii)

Representations and Warranties of Each Fund. Each Fund hereby severally and not jointly represents and warrants that each of the following shall be true, correct and complete with respect to each Fund it at all times during the term of this Agreement: (i) the Fund is duly organized under the laws of its jurisdiction of organization and is registered as an open-end or closed-end management investment company under the 1940 Act; and (ii) the execution, delivery and performance by the Fund of this Agreement on behalf of each applicable Portfolio are (w) within its power, (x) have been duly authorized by all necessary action, and (y) will not (A) contribute to or result in a breach of or default under or conflict with any existing law, order, regulation or ruling of any governmental or regulatory agency or authority, or (B) violate any provision of the Fund's corporate charter, Declaration of Trust or other organizational document, or bylaws, or any amendment thereof or any provision of its most recent Prospectus or Statement of Additional Information.

Appears in 3 contracts

Samples: Fund Accounting Agreement (MFS Series Trust Ii), Fund Accounting Agreement (MFS Series Trust I), Fund Accounting Agreement (MFS Series Trust XII)

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