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

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end non-diversified management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end non-diversified management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an opena closed-end non-diversified management investment companycompany that is operated as an interval fund. (b) It is empowered under applicable laws and by its Agreement and Declaration of Trust and By-laws Laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or of ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a trust duly organized and existing and in good standing under the laws of the state of Delaware Massachusetts and is registered with the SEC as an open-end non-diversified management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an opena closed-end non-diversified management investment companycompany that is operated as an interval fund. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund (the “Board”) has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or of ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end non-diversified management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end non-diversified management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an opena closed-end non-diversified management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or notice to ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a trust duly organized and existing and in good standing under the laws of the state State of Delaware and is registered with the SEC as an open-end non-diversified management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or notice to ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an opena closed-end non-diversified management investment companycompany that is operated as an interval fund. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or of ALPS, which approval shall not be unreasonably withheld or delayed.

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

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a statutory trust duly organized and existing and in good standing under the laws of the state State of Delaware and is registered with the SEC as an opena closed-end non-diversified management investment companycompany that is operated as an interval fund. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or of ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a statutory trust duly organized formed and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end non-diversified management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust Instrument and Byby-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or of ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end non-diversified management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or of ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an opena closed-end non-diversified management investment companycompany that is operated as an interval fund. (b) It is empowered under applicable laws and by its Agreement and Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or of ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end [diversified/non-diversified diversified] management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS APSD that: (a) It is a trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end non-diversified management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS APSD hereunder without the prior written approval of APSD or ALPSits affiliate(s), which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end non-end, diversified management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end non-diversified management end, registered investment company. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or of ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a trust duly organized and existing and in good standing under the laws of the state State of Delaware and is registered with the SEC as an open-end non-diversified management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement Registration Statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a trust duly organized and existing and in good standing under the laws of the state of Delaware Massachusetts and is registered with the SEC as an open-end non-diversified management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or notification to ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end non-diversified management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end non-diversified management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws Bylaws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an opena closed-end non-diversified management investment companycompany that is operated as an interval fund. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or of ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a trust duly organized and existing and in good standing under the laws of the state Commonwealth of Delaware Massachusetts and is registered with the SEC as an open-end non-diversified management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.

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

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a Delaware statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end non-diversified management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.

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

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware Massachusetts and is registered with the SEC as an open-end non-diversified management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end non-diversified management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval of ALPS or ALPSits affiliate(s), which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a trust duly organized and existing and in good standing under the laws of the state Commonwealth of Delaware Massachusetts and is registered with the SEC as an open-end non-diversified management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or of ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a business trust duly organized and existing and in good standing under the laws of the state of Delaware Massachusetts and is registered with the SEC as an open-end non-diversified management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a trust corporation duly organized and existing and in good standing under the laws of the state of Delaware Maryland and is registered with the SEC as an opena closed-end end, non-diversified management investment company. (b) It is empowered under applicable laws and by its Declaration Articles of Trust Incorporation and By-laws Bylaws to enter into and perform this Agreement. (c) The Board of Trustees Directors of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.

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

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end non-diversified management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (ca) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a trust corporation duly organized and existing and in good standing under the laws of the state of Delaware Maryland and is registered with the SEC as an opena closed-end non-diversified management investment companycompany that is operated as an interval fund. (b) It is empowered under applicable laws and by its Declaration Articles of Trust Incorporation and By-laws to enter into and perform this Agreement. (c) The Board of Trustees Directors of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or of ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a business trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end non-diversified management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a trust duly organized and existing and in good standing under the laws of the state State of Delaware and is registered with the SEC as an open-end non-diversified management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an opena diversified, closed-end non-diversified management investment companycompany that is operated as an interval fund. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder hereunder, other than with respect to such modifications as may be required by applicable law or regulation, without the prior written approval or of ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a trust corporation duly organized and existing and in good standing under the laws of the state State of Delaware Maryland and is registered with the SEC as an opena closed-end non-diversified management investment companycompany that is operated as an interval fund. (b) It is empowered under applicable laws and by its Declaration Articles of Trust Incorporation and By-laws to enter into and perform this Agreement. (c) The Board of Trustees Directors of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or notice to ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an opena closed-end non-diversified management investment companycompany that is operated as an interval fund. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws Bylaws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or of ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a trust duly organized and existing and in good standing under the laws of the state of Delaware Massachusetts and is registered with the SEC as an open-end non-diversified management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.

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

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end non-diversified management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws Laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a trust Delaware Statutory Trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an openclosed-end non-diversified management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies policies, which in either case would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or of ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end non-diversified management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust Instrument and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end non-diversified management investment company. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement. (c) The Board of Trustees of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayednotice to ALPS by the Fund.

Representations and Warranties of the Fund. The Fund represents and warrants to ALPS that: (a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an opena closed-end non-diversified management investment companycompany that is operated as an interval fund. (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws trust agreement to enter into and perform this Agreement. (c) The Board of Trustees Directors of the Fund has duly authorized it to enter into and perform this Agreement. (d) Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or of ALPS, which approval shall not be unreasonably withheld or delayed.