Representations and Warranties of the Trading Advisor. The Trading Advisor represents and warrants to and agrees with the Trading Manager and the Trading Company as follows:
(i) It will exercise good faith and due care in implementing the Trading Program on behalf of the Trading Company as described in the Disclosure Document (as modified from time to time) or any other trading programs agreed to by the Trading Manager and the Trading Advisor.
(ii) The Trading Advisor shall follow and comply with, at all times, the Trading Policies.
(iii) The Trading Advisor shall trade the Assets pursuant to the same trading programs described in the Disclosure Document unless the Trading Manager and the Trading Advisor agree otherwise.
(iv) The Trading Advisor is duly organized, validly existing and in good standing under the laws of the state of its organization and is qualified to do business as a foreign corporation or and is in good standing in each other jurisdiction in which the nature or conduct of its business requires such qualification and the failure to so qualify would materially adversely affect the Trading Advisor’s ability to perform its duties under this Agreement. The Trading Advisor has full power and authority to perform its obligations under this Agreement. The only principals of the Trading Advisor are those set forth in the Offering Memoranda and Disclosure Document (the “Trading Advisor Principals”).
(v) The Disclosure Document contains all statements and information required to be included therein under the CEAct and other applicable laws, and such information is accurate and complete in all material respects.
(vi) All references to the Trading Advisor and the Trading Advisor Principals and trading systems, methods and performance in the Offering Memoranda are accurate and complete in all material respects. With respect to the Trading Advisor, the Trading Advisor Principals, and its trading systems, methods and performance: (i) the Offering Memoranda contains all statements and information required to be included therein under the CEAct and the rules and regulations thereunder, and (ii) the Offering Memoranda do not contain, and will not during the term of this Agreement contain, any untrue statement of a material fact or omit to state a material fact necessary to make the statements contained therein, in the light of the circumstances under which such statements were made, not misleading. Except as otherwise disclosed in the Offering Memoranda, the actual performance of each discretionary account dir...
Representations and Warranties of the Trading Advisor. The Trading Advisor represents and warrants to and agrees with the Managing Member and the Trading Company as follows:
(i) It will exercise good faith and due care in implementing the Trading Program on behalf of the Trading Company or any other trading programs agreed to by the Managing Member and the Trading Advisor.
(ii) The Trading Advisor shall follow and comply with, at all times, the Trading Policies.
(iii) The Trading Advisor shall trade the Assets pursuant to the Trading Program unless the Managing Member and the Trading Advisor agree otherwise.
(iv) The Trading Advisor is duly organized, validly existing and in good standing under the laws of the state of its organization and is qualified to do business as a foreign corporation and is in good standing in each other jurisdiction in which the nature or conduct of its business requires such qualification and the failure to so qualify would materially adversely affect the Trading Advisor’s ability to perform its duties under this Agreement. The Trading Advisor has full power and authority to perform its obligations under this Agreement. The only principals of the Trading Advisor are those set forth in the BASIC system.
(v) [Reserved]
(vi) This Agreement has been duly and validly authorized, executed and delivered on behalf of the Trading Advisor and is a valid and binding agreement of the Trading Advisor enforceable in accordance with its terms.
(vii) Each of the Trading Advisor and the Trading Advisor principals (each, a “Trading Advisor Principal” and collectively, the “Trading Advisor Principals”) has all federal, state and foreign governmental, regulatory and exchange licenses and approvals and has effected all filings and registrations with federal, state and foreign governmental and regulatory agencies required to conduct its business and required to perform its or his obligations under this Agreement. The Trading Advisor is registered as a commodity trading advisor under the CEA and is a member of the NFA in such capacity.
(viii) The execution and delivery of this Agreement, the incurrence of the obligations set forth herein, the consummation of the transactions contemplated herein and the payment of the fees hereunder will not violate, or constitute a breach of, or default under, the certificate of incorporation or bylaws (or any other organizational documents) of the Trading Advisor or any agreement or instrument by which it is bound or of any order, rule, law or regulation binding on it of ...
Representations and Warranties of the Trading Advisor. The Trading Advisor represents and warrants to the Advisor that:
(a) It is duly organized, existing and in good standing under the laws of the jurisdiction of its organization, with full power to carry on its business as now conducted, to enter into this Agreement, and to perform its obligations hereunder.
(b) This Agreement has been duly authorized, executed, and delivered by it and constitutes a valid and legally binding obligation of it enforceable against it in accordance with its terms.
(c) There are no actual or threatened actions, suits, proceedings, investigations or inquiries pending against it at law or in equity or before or by any governmental authority or self-regulatory body in which an adverse decision would reasonably be expected to materially and adversely affect the Registered Fund or the Fund.
(d) It has, and continues to maintain, adequate errors and omissions and directors’ and officers’ insurance policies and there has been no claim made under any such policy since January 1, 2019. The Trading Advisor shall notify the Advisor promptly in writing if at any time any event shall occur which would make or tend to make any of the foregoing not true or incomplete.
Representations and Warranties of the Trading Advisor. The Trading Advisor with respect to itself and each of its principals represents and warrants to and agrees with the General Partner and the Partnership as follows:
(i) It will exercise good faith and due care in using the International Foreign Exchange Program on behalf of the Partnership as described in the Prospectus (as modified from time to time) or any other trading programs agreed to by the General Partner.
(ii) The Trading Advisor shall follow, at all times, the trading policies of the Partnership (as described in the Prospectus) and as amended in writing and furnished to the Trading Advisor from time to time.
(iii) The Trading Advisor shall trade: (A) the Partnership's Net Assets pursuant to the International Foreign Exchange Program as described in the Prospectus unless the General Partner agrees otherwise and (B) only in futures and option contracts traded on U.S. contract markets, foreign currency forward contracts traded with the Clearing Commodity Broker, and such other futures interests that are approved in writing by the General Partner.
(iv) The Trading Advisor is duly organized, validly existing and in good standing as a corporation under the laws of the state of its incorporation and is qualified to do business as a foreign corporation and in good standing in each other jurisdiction in which the nature or conduct of its business requires such qualification and the failure to so qualify would materially adversely affect the Trading Advisor's ability to perform its duties under this Agreement. The Trading Advisor has full corporate power and authority to perform its obligations under this Agreement, and as described in the Registration Statement and Prospectus. The only principals (as defined in Rule 4.10(e) under the CEAct) of the Trading Advisor are those set forth in the Prospectus (the "Trading Advisor Principals").
(v) All references to the Trading Advisor and each Trading Advisor Principal, including the Trading Advisor's trading programs, approaches, systems, and performance, in the Registration Statement and the Prospectus, are accurate and complete in all material respects, and any supplemental selling material which has been approved in writing by the Trading Advisor is accurate in all material respects. With respect to the information relating to the Trading Advisor and each Trading Advisor Principal, including the Trading Advisor's and the Trading Advisor Principals' trading programs, approaches, systems, and performance inform...
Representations and Warranties of the Trading Advisor. The Trading Advisor represents and warrants to and agrees with the Managing Member and the Trading Company as follows:
(i) It will exercise good faith and due care in implementing the Trading Program on behalf of the Trading Company or any other trading programs agreed to by the Managing Member and the Trading Advisor.
Representations and Warranties of the Trading Advisor. The Trading Advisor with respect to itself and each of its principals represents and warrants to and agrees with the General Partner and the Partnership as follows:
Representations and Warranties of the Trading Advisor. The Trading Advisor represents and warrants to and agrees with the Managing Member and the Trading Company as follows:
(i) It will exercise good faith in implementing the Trading Program on behalf of the Trading Company as described in the Program Materials (as modified from time to time) or any other trading programs agreed to by the Managing Member and the Trading Advisor.
(ii) The Trading Advisor shall follow and comply with, at all times, the Trading Policies.
(iii) The Trading Advisor shall trade the Account pursuant to the same trading programs described in the Program Materials unless the Managing Member and the Trading Advisor agree otherwise.
(iv) The Trading Advisor is duly organized, validly existing and in Good standing under the laws of the state of its organization and is qualified to do business as a foreign corporation or and is in good standing in each other jurisdiction in which the nature or conduct of its business requires such qualification and the failure to so qualify would materially adversely affect the Trading Advisor’s ability to perform its duties under this Agreement. The Trading Advisor has full power and authority to perform its obligations under this Agreement. The only principals of the Trading Advisor are those set forth in the Program Materials (the “Trading Advisor Principals”).
Representations and Warranties of the Trading Advisor. The Trading Advisor represents and warrants to the Partnership as follows:
(a) The Trading Advisor is duly organized and validly existing under the laws of the jurisdiction of its organization and has the corporate power and authority to perform its obligations under this Agreement.
(b) This Agreement has been duly authorized, executed and delivered by the Trading Advisor and constitutes a valid and legally binding obligation of the Trading Advisor enforceable in accordance with its terms.
(c) The Trading Advisor is a member in good standing of the NFA and has all required governmental and regulatory licenses to perform its obligations under this Agreement and the Trading Advisor is in compliance with all applicable rules and regulations of the CFTC and the NFA to the extent material to the conduct of its business; and the performance by the Trading Advisor of its obligations under this Agreement will not violate, or constitute a default under, the articles of incorporation or by-laws of, or any agreement, order, law or regulation binding upon, the Trading Advisor.
Representations and Warranties of the Trading Advisor. The Trading Advisor hereby represents and warrants to Series J and the Managing Owner as follows:
(i) The Trading Advisor is duly organized and validly existing under the laws of the jurisdiction of its organization and is qualified to do business in each jurisdiction in which the failure to so qualify could have a materially adverse effect on the Trading Advisor’s ability to perform its obligations under this Agreement.
(ii) The Trading Advisor has full power and authority and is permitted by applicable law to enter into and carry out its obligations under this Agreement and to own its properties (including, but not limited to, its Program) and conduct its business as described in this Agreement and the Disclosure Document.
(iii) The performance of the obligations under this Agreement by the Trading Advisor, its affiliates and personnel will not conflict with, violate the terms of, or constitute a default under any indenture, mortgage, deed of trust, loan agreement, management or advisory agreement, or other agreement or instrument to which the Trading Advisor or its affiliates is a party or by which any such person is bound or to which any of the property (including but not limited to the Program) or assets of any such person is subject, or any order, rule, law, regulation, or other legal requirement applicable to any such person or to the property or assets of any such person.
(iv) The Trading Advisor (A) is currently registered as an investment adviser with the Securities and Exchange Commission (“SEC”) or one or more states, and such registration has not expired or been revoked, suspended, terminated or not renewed, or been materially limited, conditioned, restricted, or qualified in any respect, or (B) is not required to be registered in such capacity or capacities and, if so requested, the Trading Advisor has delivered evidence reasonably sufficient to the Managing Owner that the Trading Advisor is not required to be so registered, as applicable. The Trading Advisor and each principal have all required governmental, regulatory, and self-regulatory licenses, registrations and memberships necessary to carry out its obligations under this Agreement and to act as described in this Agreement.
(v) The Trading Advisor is currently registered as a commodity trading advisor with the CFTC and is a member of the NFA in such capacity, and such registration and membership has not expired or been revoked, suspended, terminated, not renewed, or been materially lim...
Representations and Warranties of the Trading Advisor. The Trading Advisor represents and warrants to and agrees with the Managing Member and the Trading Company as follows:
(i) It will exercise good faith and due care in implementing the Trading Program on behalf of the Trading Company as agreed to by the Managing Member and the Trading Advisor.
(ii) The Trading Advisor shall follow and comply with, at all times, the Trading Policies.
(iii) The Trading Advisor shall trade the Assets pursuant to the same trading programs described in Exhibit D unless the Managing Member and the Trading Advisor agree otherwise.
(iv) The Trading Advisor is duly organized, validly existing and in good standing under the laws of the state of its organization and is qualified to do business as a foreign corporation or and is in good standing in each other jurisdiction in which the nature or conduct of its business requires such qualification and the failure to so qualify would materially adversely affect the Trading Advisor’s ability to perform its duties under this Agreement. The Trading Advisor has full power and authority to perform its obligations under this Agreement.
