Common use of Representations and Warranties of the Fund Parties Clause in Contracts

Representations and Warranties of the Fund Parties. The Fund Parties represent and warrant to the Administrator that: a. Each Fund Party is a statutory trust, duly organized and existing and in good standing under the laws of the State of Delaware; b. Each Fund Party has the power and authority under applicable laws and by its charter and by-laws to enter into and perform this Agreement; c. All requisite actions have been taken to authorize each Fund Party to enter into and perform this Agreement; d. Each Fund Party is an investment company registered under the 1940 Act; e. A registration statement under the 1933 Act and the 1940 Act has been filed with respect to each Fund and each registration statement is effective and will remain effective during the term of this Agreement. The Fund Parties also warrant to the Administrator that as of the effective date of this Agreement, all necessary filings under the federal securities laws and under the securities laws of the states in which each Fund offers or sells its shares have been made; f. No legal or administrative proceedings have been instituted or threatened which would impair the ability of any Fund Party to perform its duties and obligations under this Agreement; g. Each Fund Party's entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of that Fund Party or any law or regulation applicable to it; and h. As of the close of business on the date of this Agreement, each of the Fund Parties is authorized to issue an unlimited amount of shares of beneficial interest.

Representations and Warranties of the Fund Parties. The Fund Parties represent and warrant to the Administrator that: a. Each Fund Party is a statutory trust, duly organized and existing and in good standing under the laws of the State of Delaware; b. Each Fund Party has the power and authority under applicable laws and by its charter and by-laws to enter into and perform this Agreement; c. All requisite actions have been taken to authorize each Fund Party to enter into and perform this Agreement; d. Each Fund Party is an investment company registered under the 1940 Act; e. A registration statement under the 1933 Act and the 1940 Act has been filed with respect to each Fund and each registration statement is effective and will remain effective during the term of this Agreement. The Fund Parties also warrant to the Administrator that as of the effective date of this Agreement, all necessary filings under the federal securities laws and under the securities laws of the states in which each Fund offers or sells its shares have been made; f. No legal or administrative proceedings have been instituted or threatened which would impair the ability of any Fund Party to perform its duties and obligations under this Agreement; g. Each Fund Party's ’s entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of that Fund Party or any law or regulation applicable to it; and h. As of the close of business on the date of this Agreement, each of the Fund Parties is authorized to issue an unlimited amount of shares of beneficial interest.