Representations and Warranties of the Trust. The Trust hereby represents and warrants to the Advisor as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Commission under the Act; (iii) shares of each Fund are registered for offer and sale to the public under the 1933 Act; and (iv) such registrations will be kept in effect during the term of this Agreement.
Appears in 25 contracts
Samples: Investment Advisory Agreement (Stadion Investment Trust), Investment Advisory Agreement (Stadion Investment Trust), Investment Advisory Agreement (Stadion Investment Trust)
Representations and Warranties of the Trust. The Trust hereby represents and warrants to the Advisor Adviser as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Securities and Exchange Commission under the 1940 Act; (iii) shares of each Fund the Trust are registered for offer and sale to the public under the 1933 ActSecurities Act of 1933, as amended; and (iv) such registrations will be kept in effect during the term of this Agreement.
Appears in 24 contracts
Samples: Investment Advisory Agreement (Horizon Funds), Investment Advisory Agreement (Horizon Funds), Investment Advisory Agreement (Horizon Funds)
Representations and Warranties of the Trust. The Trust hereby represents and warrants to the Advisor Adviser as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Securities and Exchange Commission under the 1940 Act; (iii) shares of each Fund the Trust are registered for offer and sale to the public under the 1933 Act; and (iv) such registrations will be kept in effect during the term of this Agreement.
Appears in 21 contracts
Samples: Investment Advisory Agreement (BPV Family of Funds), Investment Advisory Agreement (BPV Family of Funds), Investment Advisory Agreement (BPV Family of Funds)
Representations and Warranties of the Trust. The Trust hereby represents and warrants to the Advisor as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Commission under the Act; (iii) shares of each the Fund are (or will be) registered for offer and sale to the public under the 1933 Act; and (iviii) such registrations will be kept in effect during the term of this Agreement.
Appears in 17 contracts
Samples: Investment Advisory Agreement (IndexIQ Active ETF Trust), Investment Advisory Agreement (Active Weighting Funds ETF Trust), Investment Advisory Agreement (Lattice Strategies Trust)
Representations and Warranties of the Trust. The Trust hereby represents and warrants to the Advisor as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Commission SEC under the Act; (iii) shares of each Fund are (or will be) registered for offer and sale to the public under the 1933 Act; and (iv) such registrations will be kept in effect during the term of this Agreement.
Appears in 14 contracts
Samples: Investment Advisory Agreement (World Funds Trust), Investment Advisory Agreement (World Funds Trust), Investment Advisory Agreement (World Funds Trust)
Representations and Warranties of the Trust. The Trust hereby represents and warrants to the Advisor Adviser as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Commission under the Act; (iii) shares of each Fund the Funds are (or will be) registered for offer and sale to the public under the 1933 Act; and (iviii) such registrations will be kept in effect during the term of this Agreement.
Appears in 13 contracts
Samples: Investment Advisory Agreement (GraniteShares ETF Trust), Investment Advisory Agreement (GraniteShares ETF Trust), Investment Advisory Agreement (GraniteShares ETF Trust)
Representations and Warranties of the Trust. The Trust hereby represents and warrants to the Advisor as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Commission under the Act; (iii) shares of each Fund are (or will be) registered for offer and sale to the public under the 1933 Act; and (iv) such registrations will be kept in effect during the term of this Agreement.
Appears in 10 contracts
Samples: Investment Advisory Agreement (Merit Advisors Investment Trust), Investment Advisory Agreement (Merit Advisors Investment Trust), Investment Advisory Agreement (Merit Advisors Investment Trust Ii)
Representations and Warranties of the Trust. The Trust hereby represents and warrants to the Advisor Adviser as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Commission under the Act; (iii) shares of each Fund are (or will be) registered for offer and sale to the public under the 1933 Act; and (iviii) such registrations will be kept in effect during the term of this Agreement.
Appears in 10 contracts
Samples: Investment Advisory Agreement (USCF ETF Trust), Investment Advisory Agreement (Strategic Trust), Investment Advisory Agreement (USCF ETF Trust)
Representations and Warranties of the Trust. The Trust hereby represents and warrants to the Advisor as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is (or will be) registered as an investment company with the Commission under the Act; (iii) shares of each Fund are (or will be) registered for offer and sale to the public under the 1933 Act; and (iv) such registrations will be kept in effect during the term of this Agreement.
Appears in 9 contracts
Samples: Investment Advisory Agreement (Cm Advisors Family of Funds), Investment Advisory Agreement (Cm Advisors Family of Funds), Investment Advisory Agreement (Cm Advisors Family of Funds)
Representations and Warranties of the Trust. The Trust hereby represents and warrants to the Advisor Adviser as follows: (i) the Trust has been duly organized as a statutory business trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is (or will be) registered as an investment company with the Securities and Exchange Commission under the 1940 Act; (iii) shares of each Fund Trust are (or will be) registered for offer and sale to the public under the 1933 Act; and (iv) such registrations will be kept in effect during the term of this Agreement.
Appears in 8 contracts
Samples: Transaction Agreement (PSP Family of Funds), Investment Advisory Agreement (PSP Family of Funds), Investment Advisory Agreement (PSP Family of Funds)
Representations and Warranties of the Trust. The Trust hereby represents and warrants to the Advisor as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Commission SEC under the Act; (iii) shares of each the Fund are registered for offer and sale to the public under the 1933 Act; and (iv) such registrations will be kept in effect during the term of this Agreement.
Appears in 5 contracts
Samples: Investment Advisory Agreement (Centaur Mutual Funds Trust), Investment Advisory Agreement (Centaur Mutual Funds Trust), Investment Advisory Agreement (Centaur Mutual Funds Trust)
Representations and Warranties of the Trust. The Trust hereby represents and warrants to the Advisor as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Commission under the Act; (iii) shares of each Fund are (or will be) registered for offer and sale to the public under the 1933 Act; and (iviii) such registrations will be kept in effect during the term of this Agreement.
Appears in 5 contracts
Samples: Investment Advisory Agreement (Absolute Shares Trust), Investment Advisory Agreement (Infusive US Trust), Investment Advisory Agreement (Absolute Shares Trust)
Representations and Warranties of the Trust. The Trust hereby represents and warrants to the Advisor Adviser as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is (or will be) registered as an investment company with the Commission under the Act; (iii) shares of each Fund are (or will be) registered for offer and sale to the public under the 1933 Act; and (iv) such registrations will be kept in effect during the term of this Agreement.
Appears in 4 contracts
Samples: Investment Advisory Agreement (Cm Advisers Family of Funds), Investment Advisory Agreement (Cm Advisers Family of Funds), Investment Advisory Agreement (Cm Advisers Family of Funds)
Representations and Warranties of the Trust. The Trust hereby represents and warrants to the Advisor Sub-Adviser as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Securities and Exchange Commission under the 1940 Act; (iii) shares of each Fund the Trust are registered for offer and sale to the public under the 1933 Act; and (iv) such registrations will be kept in effect during the term of this Agreement.
Appears in 4 contracts
Samples: Investment Sub Advisory Agreement (PSP Family of Funds), Investment Sub Advisory Agreement (Congressional Effect Family of Funds), Investment Sub Advisory Agreement (BPV Family of Funds)
Representations and Warranties of the Trust. The Trust hereby represents and warrants to the Advisor as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Commission SEC under the Act; (iii) shares of each the Fund are (or will be) registered for offer and sale to the public under the 1933 Act; and (iv) such registrations will be kept in effect during the term of this Agreement.
Appears in 3 contracts
Samples: Investment Advisory Agreement (Drake Funds Trust), Investment Advisory Agreement (Drake Funds Trust), Investment Advisory Agreement (Drake Funds Trust)
Representations and Warranties of the Trust. The Trust hereby represents and warrants to the Advisor Adviser as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Commission under the Act; (iii) shares of each the Fund are (or will be) registered for offer and sale to the public under the 1933 Act; and (iviii) such registrations will be kept in effect during the term of this Agreement.
Appears in 2 contracts
Samples: Investment Advisory Agreement (USCF Mutual Funds Trust), Investment Advisory Agreement (USCF ETF Trust)
Representations and Warranties of the Trust. The Trust hereby represents and warrants to the Advisor as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Commission under the Act; (iii) shares of each the Fund are (or will be) registered for offer and sale to the public under the 1933 Act; and (iviii) such registrations will be kept in effect during the term of this Agreement.
Appears in 2 contracts
Samples: Investment Advisory Agreement, Investment Advisory Agreement (Syntax Etf Trust)
Representations and Warranties of the Trust. The Trust hereby represents and warrants to the Advisor Adviser as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Commission SEC under the 1940 Act; (iii) shares of each Fund the Trust are registered for offer and sale to the public under the 1933 Act; and (iv) such registrations will be kept in effect during the term of this Agreement.
Appears in 2 contracts
Samples: Investment Advisory Agreement (ALPS Series Trust), Alps Series Trust (ALPS Series Trust)
Representations and Warranties of the Trust. The Trust hereby represents and warrants to the Advisor as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Commission SEC under the 1940 Act; (iii) shares of each the Fund are registered for offer and sale to the public under the 1933 Act; and (iv) such registrations registration will be kept in effect during the term of this Agreement.
Appears in 1 contract
Samples: Interim Investment Advisory Agreement (Piedmont Investment Trust)
Representations and Warranties of the Trust. The Trust hereby represents and warrants to the Advisor Adviser as follows: (i) the Trust has been duly organized as a statutory business trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Commission SEC under the Act; (iii) shares of each the Fund are registered for offer and sale to the public under the 1933 Act; and (iv) such registrations will be kept in effect during the term of this Agreement.
Appears in 1 contract
Samples: Investment Advisory Agreement (Waycross Independent Trust)
Representations and Warranties of the Trust. The Trust hereby represents and warrants to the Advisor Adviser as follows: (i) the Trust has been duly organized as a statutory business trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Securities and Exchange Commission under the 1940 Act; (iii) shares of each Fund Trust are registered for offer and sale to the public under the 1933 Act; and (iv) such registrations will be kept in effect during the term of this Agreement.
Appears in 1 contract
Representations and Warranties of the Trust. The Trust hereby represents and warrants to the Advisor Sub-Adviser as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Securities and Exchange Commission under the 1940 Act; (iii) shares of each Fund Trust are registered for offer and sale to the public under the 1933 Act; and (iv) such registrations will be kept in effect during the term of this Agreement.
Appears in 1 contract
Samples: Investment Sub Advisory Agreement (BPV Family of Funds)
Representations and Warranties of the Trust. The Trust hereby represents and warrants to the Advisor Adviser as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Commission SEC under the 1940 Act; (iii) shares of each the Fund are (or will be) registered for offer and sale to the public under the 1933 Act; and (iv) such registrations will be kept in effect during the term of this Agreement.
Appears in 1 contract
Samples: Investment Advisory Agreement (NCM Capital Investment Trust)
Representations and Warranties of the Trust. The Trust hereby represents and warrants to the Sub-Advisor as follows: (i) the Trust has been duly organized as a statutory business trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Securities and Exchange Commission under the 1940 Act; (iii) shares of each Fund Trust are registered for offer and sale to the public under the 1933 Act; and (iv) such registrations will be kept in effect during the term of this Agreement.
Appears in 1 contract
Representations and Warranties of the Trust. The Trust hereby represents and warrants to the Advisor Adviser as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is (or will be) registered as an investment company with the Securities and Exchange Commission under the Act; (iii) shares of each Fund are (or will be) registered for offer and sale to the public under the 1933 Act; and (iv) such registrations will be kept in effect during the term of this Agreement.
Appears in 1 contract
Samples: Investment Advisory Agreement (Cm Advisers Family of Funds)