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

Representations and Warranties of the Fund. Each Fund represents and warrants to the Transfer Agent that: 5.1 It is an entity duly organized and existing and in good standing under the laws of the applicable state in which it was organized. 5.2 It is empowered under Applicable Law and by its organizational documents to enter into and perform this Agreement. 5.3 All corporate proceedings required by its organizational documents have been taken to authorize it to enter into and perform this Agreement. 5.4 It is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the “1940 Act”) or, with respect to Funds that are Collective Trusts, a collective investment fund exempt from registration under the 1940 Act. 5.5 It is in compliance with federal securities law requirements in all material respects with respect to its business. 5.6 With respect to Funds other than the Collective Trusts, a registration statement under the Securities Act of 1933, as amended (the “1933 Act”) 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. 5.7 With respect to Funds that are Collective Trusts, these Funds were each formed by declaration of trust filed with the Pennsylvania Department of Banking.