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

Representations and Warranties of the Fund. The Fund represents and warrants to the Transfer Agent that: 5.1 It is a trust or corporation duly organized and existing and in good standing under the laws of the state of its organization as set forth on Schedule A. 5.2 It is empowered under applicable laws and by its organizational documents to enter into and perform this Agreement. 5.3 All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement. 5.4 It is an open-end management investment company registered with the U.S. Securities and Exchange Commission under the 1940 Act. 5.5 A registration statement under the Securities Act of 1933, as amended, is currently effective and will remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all Shares of the Fund being offered for sale by the Fund. The Fund will notify the Transfer Agent promptly if any of the representations and warranties above ceases to be true.

Appears in 35 contracts

Samples: Transfer Agency and Service Agreement (Morgan Stanley Institutional Fund Inc), Transfer Agency and Service Agreement (Morgan Stanley Institutional Fund Inc), Transfer Agency and Service Agreement (Morgan Stanley Institutional Fund Inc)

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Representations and Warranties of the Fund. The Fund represents and warrants to the Transfer Agent that: 5.1 It is a trust or corporation duly organized and existing and in good standing under the laws of the state State of its organization as set forth on Schedule A.Maryland. 5.2 It is empowered under applicable laws and by its organizational documents Articles of Incorporation and By-Laws to enter into and perform this Agreement. 5.3 All requisite corporate proceedings required by said Articles of Incorporation and By-Laws have been taken to authorize it to enter into and perform this Agreement. 5.4 It is an open-end and diversified management investment company registered with the U.S. Securities and Exchange Commission under the 1940 ActInvestment Company Act of 1940, as amended. 5.5 A registration statement under the Securities Act of 1933, as amended, amended is currently effective and will remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all Shares of the Fund being offered for sale by the Fund. The Fund will notify the Transfer Agent promptly if any of the representations and warranties above ceases to be truesale.

Appears in 14 contracts

Samples: Transfer Agency and Service Agreement (Citistreet Funds Inc), Transfer Agency and Service Agreement (Emerging Germany Fund Inc), Transfer Agency and Service Agreement (Legg Mason Light Street Trust Inc)

Representations and Warranties of the Fund. The Fund represents and warrants to the Transfer Agent that: 5.1 It is a business trust or corporation duly organized and existing and in good standing under the laws of the state The Commonwealth of its organization as set forth on Schedule A.Massachusetts. 5.2 It is empowered under applicable laws and by its organizational documents Declaration of Trust and By-Laws to enter into and perform this Agreement. 5.3 All requisite corporate proceedings required by said Declaration of Trust and By-Laws have been taken to authorize it to enter into and perform this Agreement. 5.4 It is an open-end and diversified management investment company registered with the U.S. Securities and Exchange Commission under the 1940 ActInvestment Company Act of 1940, as amended. 5.5 A registration statement under the Securities Act of 1933, as amended, amended is currently effective and will remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all Shares of the Fund being offered for sale by the Fund. The Fund will notify the Transfer Agent promptly if any of the representations and warranties above ceases to be truesale.

Appears in 10 contracts

Samples: Transfer Agency and Service Agreement (Ariel Investment Trust), Transfer Agency and Service Agreement (Parkstone Advantage Fund), Transfer Agency and Service Agreement (Wanger Advisors Trust)

Representations and Warranties of the Fund. The Fund represents and warrants to the Transfer Agent that: 5.1 It is a business trust or corporation duly organized and existing and in good standing under the laws of the state State of its organization as set forth on Schedule A.Delaware. 5.2 It is empowered under applicable laws and by its organizational documents Declaration of Trust and By-Laws to enter into and perform this Agreement. 5.3 All requisite corporate proceedings required by said Declaration of Trust and By-Laws have been taken to authorize it to enter into and perform this Agreement. 5.4 It is an open-end and diversified management investment company registered with the U.S. Securities and Exchange Commission under the 1940 ActInvestment Company Act of 1940, as amended. 5.5 A registration statement under the Securities Act of 1933, as amended, amended is currently effective and will remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all Shares of the Fund being offered for sale by the Fund. The Fund will notify the Transfer Agent promptly if any of the representations and warranties above ceases to be truesale.

Appears in 8 contracts

Samples: Transfer Agency and Service Agreement (AXA Enterprise Multimanager Funds Trust), Transfer Agency and Service Agreement (787 Fund, Inc.), Transfer Agency and Service Agreement (Stonebridge Funds Trust)

Representations and Warranties of the Fund. The Fund represents and warrants to the Transfer Agent that: 5.1 It is a trust or corporation duly organized and existing and in good standing under the laws of the state State of its organization as set forth on Schedule A.Maryland. 5.2 It is empowered under applicable laws and by its organizational documents Articles of Incorporation and By-Laws to enter into and perform this Agreement. 5.3 All requisite corporate proceedings required by said Articles of Incorporation and By-Laws have been taken to authorize it to enter into and perform this Agreement. 5.4 It is an open-end and non-diversified management investment company registered with the U.S. Securities and Exchange Commission under the 1940 ActInvestment Company Act of 1940, as amended. 5.5 A registration statement under the Securities Act of 1933, as amended, amended is currently effective and will remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all Shares of the Fund being offered for sale by the Fund. The Fund will notify the Transfer Agent promptly if any of the representations and warranties above ceases to be truesale.

Appears in 7 contracts

Samples: Transfer Agency and Service Agreement (Cohen & Steers Preferred Securities & Income Fund, Inc.), Transfer Agency and Service Agreement (Cohen & Steers Asia Pacific Realty Shares, Inc.), Transfer Agency and Service Agreement (Cohen & Steers European Realty Shares, Inc.)

Representations and Warranties of the Fund. The Fund represents and warrants to the Transfer Agent that: 5.1 It is a trust or corporation duly organized and existing and in good standing under the laws of the state State of its organization as set forth on Schedule A.Wisconsin. 5.2 It is empowered under applicable laws and by its organizational documents Articles of Incorporation and By-Laws to enter into and perform this Agreement. 5.3 All requisite corporate proceedings required by said Articles of Incorporation and By-Laws have been taken to authorize it to enter into and perform this Agreement. 5.4 It is an open-end and diversified management investment company registered with the U.S. Securities and Exchange Commission under the 1940 ActInvestment Company Act of 1940, as amended. 5.5 A registration statement under the Securities Act of 1933, as amended, amended is currently effective and will remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all Shares of the Fund being offered for sale by the Fund. The Fund will notify the Transfer Agent promptly if any of the representations and warranties above ceases to be truesale.

Appears in 4 contracts

Samples: Transfer Agency, Sub Transfer Agency and Service Agreement, Transfer Agency Agreement (Marshall Funds Inc), Transfer Agency and Service Agreement (Artisan Funds Inc)

Representations and Warranties of the Fund. The Fund represents and warrants to the Transfer Agent that: 5.1 It is a business trust or corporation duly organized and existing and in good standing under the laws of the state State of its organization as set forth on Schedule A.Delaware. 5.2 It is empowered under applicable laws and by its organizational documents Declaration of Trust and By-Laws to enter into and perform this Agreement. 5.3 All requisite corporate proceedings required by said Declaration of Trust and By-Laws have been taken to authorize it to enter into and perform this Agreement. 5.4 It is an open-end management investment company registered with the U.S. Securities and Exchange Commission under the 1940 ActInvestment Company Act of 1940, as amended. 5.5 A registration statement under the Securities Act of 1933, as amended, amended is currently effective and will remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all Shares of the Fund being offered for sale by the Fund. The Fund will notify the Transfer Agent promptly if any of the representations and warranties above ceases to be truesale.

Appears in 3 contracts

Samples: Transfer Agency and Service Agreement (Henderson Global Funds), Transfer Agency and Service Agreement (Pitcairn Funds), Transfer Agency and Service Agreement (Henderson Global Funds)

Representations and Warranties of the Fund. The Fund represents and warrants to the Transfer Agent that: 5.1 It is a business trust or corporation duly organized and existing and in good standing under the laws of the state State of its organization as set forth on Schedule A.Delaware. 5.2 It is empowered under applicable laws and by its organizational documents Declaration of Trust and By-Laws to enter into and perform this Agreement. 5.3 All requisite corporate proceedings required by said Declaration of Trust and By-Laws have been taken to authorize it to enter into and perform this Agreement. 5.4 It is an open-end management investment company registered with the U.S. Securities and Exchange Commission under the 1940 ActInvestment Company Act of 1940, as amended. 5.5 A registration statement under the Securities Act of 1933, as amended, amended is currently effective and will remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all Shares of the Fund being offered for sale by the Fund. The Fund will notify the Transfer Agent promptly if any of the representations and warranties above ceases to be truesale.

Appears in 3 contracts

Samples: Transfer Agency and Service Agreement (Metzler Payden Investment Group), Transfer Agency and Service Agreement (CDC MPT Funds), Transfer Agency and Service Agreement (Metzler Payden Investment Group)

Representations and Warranties of the Fund. The Fund represents and warrants to the Transfer Agent that: 5.1 It is a trust or corporation duly organized and existing and in good standing under the laws of the state State of its organization as set forth on Schedule A.Maryland. 5.2 It is empowered under applicable laws and by its organizational documents Articles of Incorporation and By-Laws to enter into and perform this Agreement. 5.3 All requisite corporate proceedings required by said Articles of Incorporation and By-Laws have been taken to authorize it to enter into and perform this Agreement. 5.4 It is an open-end management investment company registered with the U.S. Securities and Exchange Commission under the 1940 ActInvestment Company Act of 1940, as amended. 5.5 A registration statement under the Securities Act of 1933, as amended, amended is currently effective and will remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all Shares of the Fund being offered for sale by the Fund. The Fund will notify the Transfer Agent promptly if any of the representations and warranties above ceases to be truesale.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (Excelsior Tax Exempt Funds Inc), Transfer Agency and Service Agreement (Excelsior Funds Inc)

Representations and Warranties of the Fund. The Fund represents and warrants to the Transfer Agent that: 5.1 It is a statutory trust or corporation duly organized and existing and in good standing under the laws of the state State of its organization as set forth on Schedule A.Delaware. 5.2 It is empowered under applicable laws and by its organizational documents Declaration of Trust and By-Laws to enter into and perform this Agreement. 5.3 All requisite corporate proceedings required by said Declaration of Trust and By-Laws have been taken to authorize it to enter into and perform this Agreement. 5.4 It is an open-end and diversified management investment company registered with the U.S. Securities and Exchange Commission under the 1940 ActInvestment Company Act of 1940, as amended. 5.5 A registration statement under the Securities Act of 1933, as amended, amended is currently effective and will remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all Shares of the Fund being offered for sale by the Fund. The Fund will notify the Transfer Agent promptly if any of the representations and warranties above ceases to be truesale.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (AXA Enterprise Multimanager Funds Trust), Transfer Agency and Service Agreement (Axa Enterprise Funds Trust)

Representations and Warranties of the Fund. The Fund represents and warrants to the Transfer Agent that: 5.1 It is a trust or corporation duly organized and existing and in good standing under the laws of the state of its organization as set forth on Schedule A. 5.2 It is empowered under applicable laws and by its organizational documents to enter into and perform this Agreement. 5.3 All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement. 5.4 It is As of the effective time of this Agreement, the Fund will be an open-end management investment company registered with the U.S. Securities and Exchange Commission under the 1940 Act0000 Xxx. 5.5 A As of the effective time of this Agreement, a registration statement under the Securities Act of 1933, as amended, is for each Fund will be currently effective and will remain effective, and appropriate state securities law filings will have been made and will continue to be made, with respect to all Shares of the Fund being offered for sale by the Fund. The Fund will notify the Transfer Agent promptly if any of the representations and warranties above ceases to be true.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement, Transfer Agency and Service Agreement (Smead Funds Trust)

Representations and Warranties of the Fund. The Fund represents and warrants to the Transfer Agent Bank that: 5.1 4.1 It is a trust or corporation duly organized and existing and in good standing under the laws of the state of its organization as set forth on Schedule A.. 5.2 4.2 It is empowered under applicable laws and by its organizational documents Articles of Incorporation and By-Laws to enter into and perform this Agreement. 5.3 4.3 All requisite corporate proceedings required by said Articles of Incorporation and By-Laws have been taken to authorize it to enter into and perform this Agreement. 5.4 4.4 It is an open-end and diversified management investment company registered with the U.S. Securities and Exchange Commission under the 1940 ActInvestment Company Act of 1940, as amended. 5.5 4.5 A registration statement under the Securities Act of 1933, as amended, amended is currently effective and will remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all Shares of the Fund being offered for sale by the Fund. The Fund will notify the Transfer Agent promptly if any of the representations and warranties above ceases to be truesale.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Warburg Pincus Intern Small Co Fd Inc)

Representations and Warranties of the Fund. The Fund represents and warrants to the Transfer Agent that: 5.1 It is a business trust or corporation duly organized and existing and in good standing under the laws of the state of its organization as set forth on Schedule A.. 5.2 It is empowered under applicable laws and by its organizational documents Declaration of Trust and By-Laws to enter into and perform this Agreement. 5.3 All requisite corporate proceedings required by said Declaration of Trust and By-Laws have been taken to authorize it to enter into and perform this Agreement. 5.4 It is an open-end and diversified management investment company registered with the U.S. Securities and Exchange Commission under the 1940 ActInvestment Company Act of 1940, as amended. 5.5 A registration statement under the Securities Act of 1933, as amended, amended is currently effective and will remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all Shares of the Fund being offered for sale by the Fund. The Fund will notify the Transfer Agent promptly if any of the representations and warranties above ceases to be truesale.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (American Select Funds)

Representations and Warranties of the Fund. The Fund represents and warrants to the Transfer Agent that: 5.1 It is a trust or corporation duly organized and existing and in good standing under the laws of the state State of its organization as set forth on Schedule A.Maryland. 5.2 It is empowered under applicable laws and by its organizational documents Articles of Incorporation and By-Laws to enter into and perform this Agreement. 5.3 All requisite corporate proceedings required by said Articles of Incorporation and By-Laws have been taken to authorize it to enter into and perform this Agreement. 5.4 It is an open-end and diversified management investment company registered with the U.S. Securities and Exchange Commission under the 1940 ActInvestment Company Act of 1940, as amended. 5.5 A registration statement under the Securities Act of 1933, as amended, is currently effective and will remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all Shares of the Fund being offered for sale by the Fund. The Fund will notify the Transfer Agent promptly if any of the representations and warranties above ceases to be truesale.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Calvert Variable Series Inc)

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Representations and Warranties of the Fund. The Fund represents and warrants to the Transfer Agent that: 5.1 4.1 It is a statutory trust or corporation duly organized and existing and in good standing under the laws of the state of its organization as set forth on Schedule A.Delaware. 5.2 4.2 It is empowered under applicable laws and by its organizational documents Declaration of Trust Bylaws to enter into and perform this Agreement. 5.3 4.3 All requisite corporate trust proceedings required by said Declaration of Trust and Bylaws have been taken to authorize it to enter into and perform this Agreement. 5.4 4.4 It is an open-end management investment company registered with the U.S. Securities and Exchange Commission under the 1940 ActInvestment Company Act of 1940, as amended. 5.5 4.5 A registration statement under the Securities Act of 1933, as amended, amended is currently effective and will remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all Shares of the Fund being offered for sale by the Fund. The Fund will notify the Transfer Agent promptly if any of the representations and warranties above ceases to be truesale.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Milestone Funds)

Representations and Warranties of the Fund. The Fund represents and warrants to the Transfer Agent that: 5.1 4.1 It is a statutory trust or corporation duly organized and existing and in good standing under the laws of the state of its organization as set forth on Schedule A.Delaware. 5.2 4.2 It is empowered under applicable laws and by its organizational documents Declaration of Trust and Bylaws to enter into and perform this Agreement. 5.3 4.3 All requisite corporate trust proceedings required by said Declaration of Trust and Bylaws have been taken to authorize it to enter into and perform this Agreement. 5.4 4.4 It is an open-end management investment company registered with the U.S. Securities and Exchange Commission under the 1940 ActInvestment Company Act of 1940, as amended. 5.5 4.5 A registration statement under the Securities Act of 1933, as amended, amended is currently effective and will remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all Shares of the Fund being offered for sale by the Fund. The Fund will notify the Transfer Agent promptly if any of the representations and warranties above ceases to be truesale.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Drake Funds Trust)

Representations and Warranties of the Fund. The Fund represents and warrants to the Transfer Agent that: 5.1 It is a trust or corporation duly organized and existing and in good standing under the laws of the state of its organization as set forth on Schedule A. 5.2 It is empowered under applicable laws and by its organizational documents to enter into and perform this Agreement. 5.3 All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement. 5.4 It is As of the effective time of this Agreement, the Fund will be an open-end management investment company registered with the U.S. Securities and Exchange Commission under the 1940 Act. 5.5 A As of the effective time of this Agreement, a registration statement under the Securities Act of 1933, as amended, is for each Fund will be currently effective and will remain effective, and appropriate state securities law filings will have been made and will continue to be made, with respect to all Shares of the Fund being offered for sale by the Fund. The Fund will notify the Transfer Agent promptly if any of the representations and warranties above ceases to be true.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Smead Funds Trust)

Representations and Warranties of the Fund. The Fund represents and warrants to the Transfer Agent Bank that: 5.1 4.01 It is a common law trust or corporation duly organized and existing and in good standing under the laws of the state State of its organization as set forth indicated on Schedule A.Appendix A hereto. 5.2 4.02 It is empowered under applicable laws and by its organizational documents Trust Agreement to enter into and perform this Agreement. 5.3 4.03 All requisite corporate proceedings required by said Trust Agreement have been taken to authorize it to enter into and perform this Agreement. 5.4 4.04 It is an open-end management investment company registered with the U.S. Securities and Exchange Commission under the 1940 ActInvestment Company Act of 1940, as amended. 5.5 4.05 A registration statement under the Securities Act of 1933, as amended, amended is currently effective and will remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all Shares of the Fund being offered for sale by the Fund. The Fund will notify the Transfer Agent promptly if any of the representations and warranties above ceases to be truesale.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Elfun Global Fund)

Representations and Warranties of the Fund. The Fund represents and warrants to the Transfer Agent Bank that: 5.1 4.1 It is a trust or corporation duly organized and existing and in good standing under the laws of the state of its organization as set forth on Schedule A.of. 5.2 4.2 It is empowered under applicable laws and by its organizational documents Articles of Incorporation and By-Laws to enter into and perform this Agreement. 5.3 4.3 All requisite corporate proceedings required by said Articles of Incorporation and By-Laws have been taken to authorize it to enter into and perform this Agreement. 5.4 4.4 It is an open-end and diversified management investment company registered with the U.S. Securities and Exchange Commission under the 1940 ActInvestment Company Act of 1940, as amended. 5.5 4.5 A registration statement under the Securities Act of 1933, as amended, amended is currently effective and will remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all Shares of the Fund being offered for sale by the Fund. The Fund will notify the Transfer Agent promptly if any of the representations and warranties above ceases to be truesale.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Warburg Pincus Money Market Fund Inc)

Representations and Warranties of the Fund. The Fund represents and warrants to the Transfer Agent Bank that: 5.1 4.1 It is a business trust or corporation duly organized and existing and in good standing under the laws of the state of its organization as set forth on Schedule A.State of 5.2 4.2 It is empowered under applicable laws and by its organizational documents Declaration of Trust and By-Laws to enter into and perform this Agreement. 5.3 4.3 All requisite corporate proceedings required by said Declaration of Trust and By-Laws have been taken to authorize it to enter into and perform this Agreement. 5.4 4.4 It is an open-end and diversified management investment company registered with the U.S. Securities and Exchange Commission under the 1940 ActInvestment Company Act of 1940, as amended. 5.5 4.5 A registration statement under the Securities Act of 1933, as amended, amended on behalf of the Class is currently effective and will remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all Shares of the Fund Class being offered for sale by the Fund. The Fund will notify the Transfer Agent promptly if any of the representations and warranties above ceases to be truesale.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Loomis Sayles Funds)

Representations and Warranties of the Fund. The Fund represents and warrants to the Transfer Agent that: 5.1 It is a trust or corporation duly organized and existing and in good standing under the laws of the state State of its organization as set forth on Schedule A.Maryland. 5.2 It is empowered under applicable laws and by its organizational documents Articles of Incorporation and ByLaws to enter into and perform this Agreement. 5.3 All requisite corporate proceedings required by said Articles of Incorporation and By-Laws have been taken to authorize it to enter into and perform this Agreement. 5.4 It is an open-end and non-diversified management investment company registered with the U.S. Securities and Exchange Commission under the 1940 ActInvestment Company Act of 1940, as amended. 5.5 A registration statement under the Securities Act of 1933, as amended, amended is currently effective and will remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all Shares of the Fund being offered for sale by the Fund. The Fund will notify the Transfer Agent promptly if any of the representations and warranties above ceases to be truesale.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Cohen & Steers Utility Fund Inc)

Representations and Warranties of the Fund. The Fund represents and warrants to the Transfer Agent that: 5.1 It is a trust or corporation duly organized and existing and in good standing under the laws of the state State of its organization as set forth on Schedule A.Delaware. 5.2 It is empowered under applicable laws and by its organizational documents Agreement and Declaration of Trust and By-Laws to enter into and perform this Agreement. 5.3 All requisite corporate proceedings required by said Agreement and Declaration of Trust and By-Laws have been taken to authorize it to enter into and perform this Agreement. 5.4 It is an open-end and diversified management investment company registered with the U.S. Securities and Exchange Commission under the 1940 ActInvestment Company Act of 1940, as amended. 5.5 A registration statement under the Securities Act of 1933, as amended, amended is currently effective and will remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all Shares of the Fund being offered for sale by the Fund. The Fund will notify the Transfer Agent promptly if any of the representations and warranties above ceases to be truesale.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Axa Enterprise Funds Trust)

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