Representations and Warranties of Each Fund. Each Fund represents and warrants to ALPS that: (a) It is a corporation duly organized and existing and in good standing under the laws of the state of Maryland and is registered with the SEC as an open-end, diversified management investment company. (b) It is empowered under applicable laws and by its Articles of Incorporation and By-laws to enter into and perform this Agreement. (c) The Board of Directors of each Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, each Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.
Appears in 4 contracts
Samples: Distribution Agreement (North American Government Bond Fund Inc), Distribution Agreement (Managed Municipal Fund Inc), Distribution Agreement (North American Government Bond Fund Inc)