Representations and Warranties of the Trust. The Trust represents and warrants to the Bank that: It is duly organized and existing and in good standing under the laws of Delaware. It is empowered under applicable laws and by its Declaration of Trust and By-Laws to enter into and perform this Agreement. It is an open-end management investment company registered under the 1940 Act. A registration statement under the Securities Act of 1933, as amended, on behalf of each of the Trusts has become effective, 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 Trust being offered for sale.
Appears in 27 contracts
Samples: Transfer Agency and Service Agreement (Gabelli ETFs Trust), Transfer Agency and Service Agreement (Simplify Exchange Traded Funds), Authorized Participant Agreement (BNY Mellon ETF Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to the Bank that: It is duly organized and existing and in good standing under the laws of Delaware. It is empowered under applicable laws and by its Declaration of Trust and By-Laws Trust Agreement to enter into and perform this Agreement. It is an open-end management investment company registered under the 1940 Act. A registration statement under the Securities Act of 1933, as amended, on behalf of each of the Trusts Trust has become effective, 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 Trust being offered for sale.
Appears in 9 contracts
Samples: Transfer Agency and Service Agreement (Invesco Galaxy Ethereum ETF), Transfer Agency and Service Agreement (Grayscale Ethereum Mini Trust (ETH)), Transfer Agency and Service Agreement (Bitwise Ethereum ETF)
Representations and Warranties of the Trust. 4.1 The Trust represents and warrants to the Bank that: It is a statutory trust duly organized and existing and in good standing under the laws of Delaware. It is empowered under applicable laws and by its Declaration of Trust and By-Laws Trust Agreement to enter into and perform this Agreement. It is an open-end management investment company registered under the 1940 ActAll corporate proceedings required by said Declaration of Trust and Trust Agreement have been taken to authorize it to enter into and perform this Agreement. A registration statement under the Securities Act of 1933, as amended, on behalf of each of the Trusts has become effective, Trust 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 Trust being offered for sale.
Appears in 5 contracts
Samples: Agreement (GreenHaven Coal Fund), Agreement (Greenhaven Coal Index Fund), Transfer Agency and Service Agreement (DB Commodity Index Tracking Master Fund)
Representations and Warranties of the Trust. The Trust represents and warrants to the Bank that: It is duly organized and existing and in good standing under the laws of Delaware. It is empowered under applicable laws and by its Declaration of Trust and By-Laws Trust Agreement to enter into and perform this Agreement. It is an open-end management investment company registered under the 1940 Act. A registration statement under the Securities Act of 1933, as amended, on behalf of each of the Trusts Trust has become effective, will remain effective, been filed with the U.S. Securities and Exchange Commission and appropriate state securities law filings have been made and will continue to be made, with respect to all Shares of the Trust being offered for sale.
Appears in 4 contracts
Samples: Transfer Agency and Service Agreement (21Shares Core Ethereum ETF), Transfer Agency and Service Agreement (21Shares Core Ethereum ETF), Transfer Agency and Service Agreement (Ark 21Shares Bitcoin ETF)
Representations and Warranties of the Trust. The Trust Each Trust, severally and not jointly, represents and warrants to the Bank that: It is a statutory trust duly organized and existing and in good standing under the laws of Delaware. It is empowered under applicable laws and by its Declaration of Trust and By-Laws Trust Agreement to enter into and perform this Agreement. It is an open-end management investment company registered under the 1940 Act. A registration statement under the Securities Act of 1933, as amended, on behalf of each of the Trusts has become effective, 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 Trust being offered for sale.
Appears in 3 contracts
Samples: Transfer Agency and Service Agreement (BNP Paribas L/S Commodities Trust), Transfer Agency and Service Agreement (Jefferies Commodity Real Return ETF), Transfer Agency and Service Agreement (Jefferies S&P 500 VIX Short-Term Futures ETF)
Representations and Warranties of the Trust. The Trust represents and warrants to the Bank that: It is duly organized and existing and in good standing under the laws of Delaware. It is empowered under applicable laws and by its Declaration of Trust and By-Laws to enter into and perform this Agreement. It is an open-end management investment company registered under the 1940 Act. A registration statement under the Securities Act of 1933, as amended, on behalf of each of the Trusts Funds has become effective, effective or will become effective and will remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all at the time when Shares of the Trust a Fund are being offered for sale.
Appears in 3 contracts
Samples: Transfer Agency and Service Agreement (Causeway ETMF Trust), Transfer Agency and Service Agreement (Goldman Sachs ETF Trust), Transfer Agency and Service Agreement (Goldman Sachs ETF Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to the Bank that: It is duly organized and existing and in good standing under the laws of Delaware. It is empowered under applicable laws and by its Declaration of Trust and By-Laws to enter into and perform this Agreement. It is an open-end management investment company registered under the 1940 Act. A registration statement under the Securities Act of 1933, as amendedamended (the “1933 Act”), on behalf of each of the Trusts has become effective, 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 Trust being offered for sale.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (IndexIQ Active ETF Trust), Transfer Agency and Service Agreement (IndexIQ ETF Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to the Bank that: It is duly organized and existing and in good standing under the laws of Delaware. It is empowered under applicable laws and by its Agreement and Declaration of Trust and By-Laws to enter into and perform this Agreement. It is an open-end management investment company registered under the 1940 Act. A registration statement under the Securities Act of 1933, as amended, on behalf of the Trust and each of Fund has been filed with the Trusts has become effective, will remain effectiveU.S. Securities and Exchange Commission, and appropriate state securities law filings have been made and will continue to be made, with respect to all Shares of the Trust Funds being offered for sale.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (World Currency Gold Trust), Transfer Agency and Service Agreement (World Currency Gold Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to the Bank that: It is duly organized and existing and in good standing under the laws of Delaware. It is empowered under applicable laws and by its Declaration of Trust and By-Laws to enter into and perform this Agreement. It is an open-end management investment company registered under the 1940 Act. A registration statement under the Securities Act of 1933, as amended, on behalf of each of the Trusts has will become effective, will remain effective, and appropriate state securities law filings filings, if any, have been made and will continue to be made, with respect to all Shares of the Trust being offered for sale.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (2023 ETF Series Trust), Transfer Agency and Service Agreement (2023 ETF Series Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to the Bank that: It is duly organized and existing and in good standing under the laws of Delaware. It is empowered under applicable laws and by its Declaration of Trust and By-Laws to enter into and perform this Agreement. It is an open-end management investment company registered under the 1940 Act. A registration statement under the Securities Act of 1933, as amended, on behalf of each of the Trusts Series has become effective, effective or will become effective and remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all at the time when Shares of the Trust a Series are being offered for sale.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Matthews International Funds), Transfer Agency and Service Agreement (Matthews International Funds)
Representations and Warranties of the Trust. The Trust represents and warrants to the Bank that: It is duly organized and existing and in good standing under the laws of Delaware. It is empowered under applicable laws and by its Declaration of Trust and By-Laws to enter into and perform this Agreement. It is an open-end management investment company registered under the 1940 Act. A registration statement under the Securities Act of 1933, as amended, on behalf of each of the Trusts has become effective, will remain effective, and appropriate state securities law filings have been made and will continue to be he made, with respect to all Shares of the Trust being offered for sale.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (U.S. One Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to the Bank that: It is duly organized and existing and in good standing under the laws of Delaware. ; It is empowered under applicable laws and by its Declaration of Trust and By-Laws to enter into and perform this Agreement. ; It is an open-end management investment company registered under the 1940 Act. ; and A registration statement under the Securities Act of 1933, as amended, on behalf of each of the Trusts Trust has become effective, 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 Trust being offered for sale.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (DBX ETF Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to the Bank that: It is a statutory trust duly organized and existing and in good standing under the laws of Delaware. It is empowered under applicable laws and by its Declaration of Trust Instrument and By-Laws to enter into and perform this Agreement. It is an open-end management investment company registered under the 1940 Act. A registration statement under the Securities Act of 1933, as amended, on behalf of each of the Trusts Funds has or will become 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 Trust being offered for sale.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (TrimTabs ETF Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to the Bank that: It is duly organized and existing and in good standing under the laws of Delaware. It is empowered under applicable laws and by its Declaration of Trust and By-Laws to enter into and perform this Agreement. It is an open-end management investment company registered under the 1940 Act. A registration statement under the Securities Act of 1933, as amended, on behalf of each of the Trusts Series has become effective, 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 Trust being offered for sale.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Rydex Etf Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to the Bank that: It is duly organized and existing and in good standing under the laws of Delaware. It is empowered under applicable laws and by its Declaration of Trust and By-Laws to enter into and perform this Agreement. It is an open-end management investment company registered under the 1940 Act. A registration statement under the Securities Act of 1933, as amended, on behalf of each of the Trusts Series has or will become effective, 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 Trust Series being offered for sale.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Exchange Listed Funds Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to the Bank that: It is duly organized and existing and in good standing under the laws of Delaware. It is empowered under applicable laws and by its Declaration of Trust and By-Laws to enter into and perform this Agreement. It is an open-end management investment company registered under the 1940 Act. A registration statement under the Securities Act of 1933, as amended, on behalf of each of the Trusts has become effective, 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 Trust being offered for sale.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Pgim Etf Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to the Bank that: It is duly organized and existing and in good standing under the laws of Delaware. It is empowered under applicable laws and by its Declaration of Trust and By-Laws to enter into and perform this Agreement. It is an open-end management investment company registered under the 1940 Act. A registration statement under the Securities Act of 1933, as amended, on behalf of each of the Trusts Funds has become effective, or will become effective and will remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all at the time when Shares of the Trust Fund are being offered for sale.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (GraniteShares ETF Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to the Bank that: It is duly organized and existing and in good standing under the laws of Delaware. It is empowered under applicable laws and by its Declaration of Trust and By-Laws to enter into and perform this Agreement. It is an open-end management investment company registered under the 1940 Act. A registration statement under the Securities Act of 1933, as amended, on behalf of each of the Trusts has become effective, 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 Trust being offered for sale.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Emerge ETF Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to the Bank that: It is duly organized and existing and in good standing under the laws of Delaware. It is empowered under applicable laws and by its Declaration of Trust and By-Laws to enter into and perform this Agreement. It is an open-end management investment company registered under the 1940 Act. A registration statement under the Securities Act of 1933, as amended, and the 1940 Act on Form N-1A on behalf of each of the Trusts has become effective, 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 Trust being offered for sale.
Appears in 1 contract