Common use of Representations and Warranties of Subadviser Clause in Contracts

Representations and Warranties of Subadviser. The Subadviser represents and warrants to the Adviser and the Trust as follows: (a) The Subadviser is registered as an investment adviser under the Advisers Act; (b) The Subadviser has filed a notice of exemption pursuant to Section 4.14 under the Commodity Exchange Act (the "CEA") with the Commodity Futures Trading Commission (the "CFTC") and the National Futures Association ("NFA"), or is not required to file such exemption; (c) The Subadviser is a limited partnership duly organized and validly existing under the laws of the State of _________ with the power to own and possess its assets and carry on its business as it is now being conducted; (d) The execution, delivery and performance by the Subadviser of this Agreement are within the Subadviser's powers and have been duly authorized by all necessary action, and no action by or in respect of, or filing with, any governmental body, agency or official is required on the part of the Subadviser for the execution, delivery and performance by the Subadviser of this Agreement, and the execution, delivery and performance by the Subadviser of this Agreement do not contravene or constitute a default under (i) any provision of applicable law, rule or regulation, (ii) the Subadviser's governing instruments, or (iii) any agreement, judgment, injunction, order, decree or other instrument binding upon the Subadviser; (e) The Form ADV of the Subadviser previously provided to the Adviser is a true and complete copy of the form as currently filed with the SEC and the information contained therein is accurate and complete in all material respects and does not omit to state any material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Subadvisory Agreement (Nationwide Mutual Funds)

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Representations and Warranties of Subadviser. The Subadviser represents and warrants to the Adviser and the Trust as follows: (a) The Subadviser is registered as an investment adviser under the Advisers Act; (b) The Subadviser has filed is registered as a notice of exemption pursuant to Section 4.14 Commodity Trading Advisor under the Commodity Exchange Act (the "CEA") with the Commodity Futures Trading Commission (the "CFTC") and the National Futures Association ("NFA"), or is not required to file such exemptionregistration; (c) The Subadviser is a limited partnership corporation duly organized and validly existing properly registered and operating 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; (d) The execution, delivery and performance by the Subadviser of this Agreement are within the Subadviser's powers and have been duly authorized by all necessary action, action and no action by or in respect of, or filing with, any governmental body, agency or official is required on the part of the Subadviser Subadvisers for the execution, delivery and performance by the Subadviser of this Agreement, and the execution, delivery and performance by the Subadviser of this Agreement do not contravene or constitute a default under (i) any provision of applicable law, rule or regulation, (ii) the Subadviser's governing instruments, or (iii) any agreement, judgment, injunction, order, decree or other instrument binding upon the Subadviser;; and (e) The Form ADV of the Subadviser previously provided to the Adviser is a true and complete copy of the form as currently filed with the SEC and the information contained therein is accurate and complete in all material respects and does not omit to state any material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Subadvisory Agreement (Gartmore Variable Insurance Trust)

Representations and Warranties of Subadviser. The Subadviser represents and warrants to the Adviser and the Trust as follows: (a) The Subadviser is registered as an investment adviser under the Advisers Act; (b) The Subadviser has filed is registered as a notice of exemption pursuant to Section 4.14 commodity trading adviser under the Commodity Exchange Act (the "CEA") with the Commodity Futures Trading Commission (the "CFTC") and the National Futures Association ("NFA"), or is not required to file such exemption; (c) The Subadviser is a limited partnership duly organized and validly existing under the laws of the State of _________ New York with the power to own and possess its assets and carry on its business as it is now being conducted; (d) The execution, delivery and performance by the Subadviser of this Agreement are within the Subadviser's powers and have been duly authorized by all necessary action, and no action by or in respect of, or filing with, any governmental body, agency or official is required on the part of the Subadviser for the execution, delivery and performance by the Subadviser of this Agreement, and the execution, delivery and performance by the Subadviser of this Agreement do not contravene or constitute a default under (i) any provision of applicable law, rule or regulation, (ii) the Subadviser's governing instruments, or (iii) any agreement, judgment, injunction, order, decree or other instrument binding upon the Subadviser; (e) The Form ADV of the Subadviser previously provided to the Adviser is a true and complete copy of the form as currently filed with the SEC and the information contained therein is accurate and complete in all material respects and does not omit to state any material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Subadvisory Agreement (Nationwide Investing Foundation Iii)

Representations and Warranties of Subadviser. The Subadviser represents and warrants to the Adviser and the Trust as follows: (a) The Subadviser is registered as an investment adviser under the Advisers Act; (b) The Subadviser has filed a notice of exemption pursuant to Section Rule 4.14 under the Commodity Exchange Act (the "CEA") with the Commodity Futures Trading Commission (the "CFTC") and the National Futures Association ("NFA"), or is not required to file such exemption; (c) The Subadviser is a limited partnership 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; (d) The execution, delivery and performance by the Subadviser of this Agreement are within the Subadviser's powers and have been duly authorized by all necessary action, action and no action by or in respect of, or filing with, any governmental body, agency or official is required on the part of the Subadviser for the execution, delivery and performance by the Subadviser of this Agreement, and the execution, delivery and performance by the Subadviser of this Agreement do not contravene or constitute a default under (i) any provision of applicable law, rule or regulation, (ii) the Subadviser's governing instruments, or (iii) any agreement, judgment, injunction, order, decree or other instrument binding upon the Subadviser; (e) The Form ADV of the Subadviser previously provided to the Adviser is a true and complete copy of the form as currently filed with the SEC and the information contained therein is accurate and complete in all material respects and does not omit to state any material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Subadvisory Agreement (Nationwide Separate Account Trust)

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Representations and Warranties of Subadviser. The Subadviser represents and warrants to the Adviser and the Trust as follows: (a) The Subadviser is registered as an investment adviser under the Advisers Act; (b) The Subadviser has filed a notice of exemption pursuant to Section 4.14 under the Commodity Exchange Act (the "CEA") with the Commodity Futures Trading Commission (the "CFTC") and the National Futures Association ("NFA"), or is not required to file such exemption; (c) The Subadviser is a limited partnership liability company duly organized and validly existing properly registered and operating 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 conductedconducted and as proposed to be conducted hereunder; (dc) The execution, delivery and performance by the Subadviser of this Agreement are within the Subadviser's ’s powers and have been duly authorized by all necessary actionauthorized, and no action by by, or in respect of, or filing with, any governmental body, agency or official is required on the part of the Subadviser for the execution, delivery and performance by the Subadviser of this Agreement, and the execution, delivery and performance by the Subadviser of this Agreement do not contravene or constitute a violation of, or a material default under under, (i) any provision of applicable law, rule or regulation, (ii) the Subadviser's ’s governing instruments, or (iii) any agreement, judgment, injunction, order, decree or other instrument binding upon the Subadviser;; and (ed) The Form ADV of the Subadviser previously provided to the Adviser and the Trust is a true and complete copy of the form form, as currently filed with required under the SEC Advisers Act and rules thereunder, and the information contained therein is accurate and complete in all material respects and does not omit to state any material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Subadvisory Agreement (Northern Lights Fund Trust IV)

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