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

Representations and Warranties of the Funds. Each of the Funds represents and warrants to the Agent that: (a) It is a corporation or business trust duly organized and existing and in good standing under the laws of its respective State of organization; (b) It is an open-end management investment company registered under the 1940 Act; (c) A registration statement under the 1933 Act has been filed and will be effective with respect to all Shares of the Fund being offered for sale; (d) All requisite steps have been, and will continue to be, taken to register the Fund’s Shares for sale in all applicable states and such registrations will be effective at all times Shares are offered for sale in such state and all sales of Shares shall be made in compliance with all applicable federal and state requirements; and (e) It is empowered under Applicable Laws and the laws of its state of organization, and by its Articles of Incorporation or Declaration of Trust, as applicable, and Bylaws, to enter into and perform this Agreement.

Representations and Warranties of the Funds. Each of the Funds represents and warrants to the Agent that: (a) It is a corporation or business trust duly organized and existing and in good standing under the laws of its respective State of organization; (b) It is an open-end management investment company registered under the 1940 Act; (c) A registration statement under the 1933 Act has been filed and will be effective with respect to all Shares of the Fund being offered for sale; (d) All requisite steps have been, and will continue to be, taken to register the Fund’s 's Shares for sale in all applicable states and such registrations will be effective at all times Shares are offered for sale in such state and all sales of Shares shall be made in compliance with all applicable federal and state requirements; and (e) It is empowered under Applicable Laws and the laws of its state of organization, and by its Articles of Incorporation or Declaration of Trust, as applicable, and Bylaws, to enter into and perform this Agreement.