Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust that: a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts; b. It has the requisite power and authority to carry on its business in The Commonwealth of Massachusetts; c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement; d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 24 contracts
Samples: Fund Accounting and Financial Administration Agreement (Lincoln Funds Trust), Fund Accounting and Financial Administration Agreement (Lincoln Funds Trust), Administration Agreement (Pershing Square USA, Ltd.)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite corporate power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s 's ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 20 contracts
Samples: Administration Agreement (Drake Funds Trust), Administration Agreement (State Street Master Funds), Administration Agreement (Sun Capital Advisers Trust)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust each Fund that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite corporate power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s 's ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 19 contracts
Samples: Administration Agreement (Cohen & Steers VIF Realty Fund, Inc.), Administration Agreement (Cohen & Steers Special Equity Fund), Administration Agreement (Value Line Fund Inc)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust each Fund that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite corporate power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 18 contracts
Samples: Administration Agreement, Administration Agreement (Cohen & Steers MLP & Energy Opportunity Fund, Inc.), Administration Agreement (Cohen & Steers Preferred Securities & Income SMA Shares, Inc.)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust Funds that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair have a material effect on the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 15 contracts
Samples: Administration and Fund Accounting Services Agreement (Blackrock Municipal Income Fund, Inc.), Administration and Fund Accounting Services Agreement (Blackrock Municipal Income Trust), Administration and Fund Accounting Services Agreement (BlackRock Innovation & Growth Trust)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite corporate power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 13 contracts
Samples: Administration Agreement (AB Multi-Manager Alternative Fund), Administration Agreement (Morgan Creek Series Trust), Administration Agreement (Morgan Creek Series Trust)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust each Company that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite corporate power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 12 contracts
Samples: Master Administration Agreement (Isi Strategy Fund Inc), Master Administration Agreement (Total Return U S Treasury Fund Inc), Master Administration Agreement (Total Return U S Treasury Fund Inc)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite corporate power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 10 contracts
Samples: Master Administration Agreement (Metropolitan Series Fund), Master Administration Agreement (Met Investors Series Trust), Administration Agreement (Allstate Financial Investment Trust)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust Company that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite corporate power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s 's ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 9 contracts
Samples: Sub Administration Agreement (Security Capital U S Real Estate Shares Inc), Administration Agreement (Northstar Life Variable Universal Life Account), Administration Agreement (Advantus Series Fund Inc)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite corporate power and authority to carry on its business in The Commonwealth of MassachusettsMassachusetts and to provide the Services;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law law, regulation, rule, order or regulation judgment applicable to it.
Appears in 9 contracts
Samples: Administration Agreement (Calamos ETF Trust), Administration Agreement (Calamos Antetokounmpo Sustainable Equities Trust), Administration Agreement (Calamos Global Convertible & Dynamic Income Trust)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust each Company that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 7 contracts
Samples: Administration Agreement (Partners Group Growth, LLC), Administration Agreement (Partners Group Next Generation Infrastructure LLC), Master Administration Agreement (Value Line Asset Allocation Fund Inc)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust Trusts that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite corporate power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 5 contracts
Samples: Master Administration Agreement (Highland Global Allocation Fund), Master Administration Agreement (Highland Global Allocation Fund Ii), Administration Agreement (Litman Gregory Funds Trust)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust Fund that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite corporate power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 5 contracts
Samples: Administration Agreement (Blackstone Real Estate Income Fund), Administration Agreement (Blackstone Real Estate Income Fund II), Administration Agreement (Blackstone Alternative Alpha Fund)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust Trusts that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 5 contracts
Samples: Master Administration Agreement (Fpa Paramount Fund Inc), Master Administration Agreement (Fpa New Income Inc), Master Administration Agreement (Fpa Capital Fund Inc)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust Company that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 4 contracts
Samples: Administration Agreement (Goldman Sachs Middle Market Lending LLC II), Administration Agreement (Goldman Sachs Private Middle Market Credit II LLC), Administration Agreement (Goldman Sachs Middle Market Lending Corp.)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust Company that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite corporate power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 4 contracts
Samples: Administration Agreement (Calvert SAGE Fund), Administration Agreement (Calvert Responsible Index Series, Inc.), Administration Agreement (Massmutual Select Funds)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the each Trust that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite corporate power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 4 contracts
Samples: Administration Agreement (Rs Investment Trust), Administration Agreement (Rs Investment Trust), Administration Agreement (RS Variable Products Trust)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite corporate power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s 's ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 4 contracts
Samples: Administration Agreement (State Street Institutional Investment Trust), Administration Agreement (State Street Institutional Investment Trust), Administration Agreement (Scudder Weisel Capital Entrepreneurs Fund)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust each Company that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 3 contracts
Samples: Administration Agreement (Goldman Sachs Private Markets Fund 2018 (A) LLC), Administration Agreement (Goldman Sachs Private Markets Fund 2018 (B) LLC), Administration Agreement (Goldman Sachs Private Markets Fund 2018 LLC)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite corporate power and authority to carry on its business in The Commonwealth of MassachusettsMassachusetts and to provide the Services;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law law, regulation, rule, order or regulation judgment applicable to it.. Information Classification: Limited Access
Appears in 3 contracts
Samples: Administration Agreement (Calamos Global Dynamic Income Fund), Administration Agreement (Calamos Dynamic Convertible & Income Fund), Administration Agreement (Calamos Strategic Total Return Fund)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust Trusts that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite corporate power and authority to carry on its business in The Commonwealth of MassachusettsMassachusetts and to enter into and perform its duties and obligations under this Agreement;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 3 contracts
Samples: Administration Agreement (Alpine Series Trust), Administration Agreement (Alpine Income Trust), Administration Agreement (Alpine Equity Trust)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust each Fund that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite corporate power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 2 contracts
Samples: Master Administration Agreement (Private Advisors Alternative Strategies Master Fund), Master Administration Agreement (Private Advisors Alternative Strategies Fund)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust Parent and each Company that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite corporate power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s 's ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 2 contracts
Samples: Administration Agreement (Variable Annuity Account), Administration Agreement (Securian Life Variable Universal Life Account)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust each Fund that:
a. (a) It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. (b) It has the requisite power and authority to carry on its business in The Commonwealth of Massachusetts;
c. (c) All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. (d) No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. (e) Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 2 contracts
Samples: Administration Agreement (West Bay BDC LLC), Administration Agreement (Goldman Sachs Private Credit Fund LLC)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust each Fund that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 2 contracts
Samples: Master Administration and Accounting Agreement (NorthStar Corporate Income Fund), Master Administration and Accounting Agreement (NorthStar Corporate Income Master Fund)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust such Fund that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite corporate power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 2 contracts
Samples: Administration Agreement (Ironwood Institutional Multi-Strategy Fund LLC), Administration Agreement (Ironwood Multi-Strategy Fund LLC)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the each Trust that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 2 contracts
Samples: Administration Agreement (Calamos-Avenue Opportunities Fund), Administration Agreement (Weiss Strategic Interval Fund)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust Company that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 2 contracts
Samples: Administration Agreement (AB Active ETFs, Inc.), Administration Agreement (Partners Group Private Income Opportunities, LLC)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the each Trust that:
a. It it is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It it has the requisite corporate power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All all requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No no legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 2 contracts
Samples: Administration Agreement (FactorShares 2X: Gold Bull/S&p500 Bear), Administration Agreement (FactorShares S&P Crude Oil Premium)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust Fund that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite corporate power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 2 contracts
Samples: Administration Agreement (Wasatch Funds Trust), Administration Agreement (Wasatch Funds Trust)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 2 contracts
Samples: Administration Agreement (Edward Jones Money Market Fund), Administration Agreement (Babson Capital Funds Trust)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust Company that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite corporate power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 2 contracts
Samples: Administration Agreement (Goldman Sachs BDC, Inc.), Administration Agreement (Advantus Series Fund Inc)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust Fund that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite corporate power and authority to carry on its business in m The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 2 contracts
Samples: Administration Agreement (Blackstone Alternative Alpha Master Fund), Administration Agreement (Blackstone Alternative Alpha Fund II)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust Trusts that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite corporate power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 2 contracts
Samples: Tax Administrative Services Agreement (RS Variable Products Trust), Tax Administrative Services Agreement (Rs Investment Trust)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust Fund that:
a. (a) It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. (b) It has the requisite power and authority to carry on its business in The Commonwealth of Massachusetts;
c. (c) All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. (d) No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. (e) Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 1 contract
Samples: Administration Agreement (Phillip Street Middle Market Lending Fund LLC)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust that:
a. It is a Massachusetts trust companycorporation, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite corporate power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
f. The Administrator has duly adopted written policies and procedures that are reasonably designed to prevent violation of the Federal Securities Laws (as defined
Appears in 1 contract
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust Funds that:
a. It is a Massachusetts trust company, duly organized organized, existing and existing in good standing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite corporate power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s 's ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 1 contract
Samples: Administration Agreement (Crabbe Huson Real Estate Investment Fund Inc)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite power and authority to carry on its business in m The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s 's ability to perform its duties and obligations under this AgreementA:greement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 1 contract
Samples: Administration Agreement (Renaissance Capital Greenwich Funds)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust Fund that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 1 contract
Samples: Administration Agreement (PGIM Private Credit Fund)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;; Information Classification: Limited Access
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 1 contract
Samples: Master Administration Agreement (Natixis Funds Trust IV)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust Company that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
; b. It has the requisite corporate power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
; d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s 's ability to perform its duties and obligations under this Agreement; and
and e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it. 4.
Appears in 1 contract
Samples: Administration Agreement (Emerging Germany Fund Inc)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust Funds that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite corporate power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s 's ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 1 contract
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust each Company that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 1 contract
Samples: Master Administration and Accounting Agreement (Credit Suisse Park View BDC, Inc.)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust Corporation that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 1 contract
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust Companies that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 1 contract
Samples: Master Administration Agreement (Source Capital Inc /De/)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust Fund that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite corporate power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s 's ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 1 contract
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s ability to perform its duties and obligations under this Agreement; and;
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 1 contract
Samples: Administration Agreement (2023 ETF Series Trust II)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust Fund that:
a. It is a Massachusetts trust company, duly organized organized, existing and existing in good standing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite corporate power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s 's ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 1 contract
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite power and authority to carry on its business in The Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s 's ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 1 contract
Samples: Administration Agreement (O'Connor Fund of Funds: Masters)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust Fund that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The the Commonwealth of Massachusetts;
b. It has the requisite corporate power and authority to carry on its business in The the Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s 's ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 1 contract
Samples: Administration Agreement (Lazard Global Total Return & Income Fund Inc)
Representations and Warranties of the Administrator. The Administrator represents and warrants to the Trust Fund that:
a. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts;
b. It has the requisite corporate power and authority to carry on its business in The the Commonwealth of Massachusetts;
c. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement;
d. No legal or administrative proceedings have been instituted or threatened which would materially impair the Administrator’s 's ability to perform its duties and obligations under this Agreement; and
e. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Administrator or any law or regulation applicable to it.
Appears in 1 contract
Samples: Administration Agreement (Lazard World Dividend & Income Fund, Inc.)
