Representations and Warranties of the Trust. The Trust represents and warrants to ALPS that: (a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end registered investment company; (b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement; (c) The Board of Trustees of the Trust has duly authorized it to enter into and perform this Agreement; (d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.
Appears in 14 contracts
Samples: Distribution Agreement (ALPS Series Trust), Distribution Agreement (ALPS Series Trust), Distribution Agreement (ALPS Series Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS that:
(a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end registered management investment company;.
(b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement;.
(c) The Board of Trustees of the Trust has duly authorized it to enter into and perform this Agreement;.
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.
Appears in 12 contracts
Samples: Distribution Agreement (Centre Funds), Distribution Agreement (IndexIQ Active ETF Trust), Distribution Agreement (Elevation ETF Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS that:
(a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end registered investment company;.
(b) It is empowered under applicable laws and by its Declaration of Trust Instrument and By-laws to enter into and perform this Agreement;.
(c) The Board of Trustees of the Trust has duly authorized it to enter into and perform this Agreement;.
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.
Appears in 10 contracts
Samples: Distribution Agreement (Financial Investors Trust), Distribution Agreement (Financial Investors Trust), Distribution Agreement (Financial Investors Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS that:
(a) It is a statutory trust Delaware Statutory Trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end registered management investment company;.
(b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement;.
(c) The Board of Trustees of the Trust has duly authorized it to enter into and perform this Agreement;.
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.
Appears in 7 contracts
Samples: Distribution Agreement (OWLshares Trust), Distribution Agreement (EGA Emerging Global Shares Trust), Distribution Agreement (EGA Emerging Global Shares Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS that:
(a) It is a statutory trust duly organized and existing and in good standing under the laws of the state State of Delaware and is registered with the SEC as an open-end registered management investment company;.
(b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement;.
(c) The Board of Trustees of the Trust has duly authorized it to enter into and perform this Agreement;.
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or of ALPS, which approval shall not be unreasonably withheld or delayed.
Appears in 5 contracts
Samples: Distribution Agreement (Hartford Funds NextShares Trust), Distribution Agreement (Hartford Funds Exchange-Traded Trust), Distribution Agreement (Hartford Funds NextShares Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS that:
(a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware Massachusetts and is registered with the SEC as an open-end registered management investment company;.
(b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement;.
(c) The Board of Trustees of the Trust has duly authorized it to enter into and perform this Agreement;.
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or of ALPS, which approval shall not be unreasonably withheld or delayed.
Appears in 3 contracts
Samples: Distribution Agreement (Natixis ETF Trust II), Distribution Agreement (Natixis ETF Trust), Distribution Agreement (Natixis ETF Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS that:
(a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end registered diversified management investment company;.
(b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement;.
(c) The Board of Trustees of the Trust has duly authorized it to enter into and perform this Agreement;.
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without prior notice to ALPS and providing ALPS with the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayedability to terminate this Agreement.
Appears in 3 contracts
Samples: Distribution Agreement (BPV Family of Funds), Distribution Agreement (BPV Family of Funds), Distribution Agreement (BPV Family of Funds)
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS that:
(a) It is a statutory trust duly organized and organized, existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end registered management investment company;company under the 0000 Xxx.
(b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement;.
(c) The Board of Trustees of the Trust has duly authorized it to enter into and perform this Agreement;.
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.
Appears in 3 contracts
Samples: Distribution Agreement (Transparent Value Trust), Distribution Agreement (Transparent Value Trust), Distribution Agreement (Transparent Value Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS that:
(a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end registered investment company;
(b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement;.
(c) The Board of Trustees of the Trust (the “Board”) has duly authorized it to enter into and perform this Agreement;.
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or of ALPS, which approval shall not be unreasonably withheld or delayed.
Appears in 3 contracts
Samples: Distribution Agreement (FS Series Trust), Distribution Agreement (FS Series Trust), Distribution Agreement (FS Series Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS that:
(a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end registered series management investment company;.
(b) It is empowered under applicable laws and by its Agreement and Declaration of Trust and By-laws Laws to enter into and perform this Agreement;.
(c) The Board of Trustees of the Trust has duly authorized it to enter into and perform this Agreement;.
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies which that would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.
Appears in 2 contracts
Samples: Distribution Agreement (Stone Ridge Trust), Distribution Agreement (Stone Ridge Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS that:
(a) It is a statutory business trust duly organized and existing and in good standing under the laws of the state The Commonwealth of Delaware Massachusetts and is registered with the SEC as an open-end registered diversified management investment company;.
(b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement;.
(c) The Board of Trustees of the Trust has duly authorized it to enter into and perform this Agreement;.
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement statement, or adopt any policies which policies, that would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or notice to ALPS, which approval shall not be unreasonably withheld or delayed.
Appears in 2 contracts
Samples: Distribution Agreement (Goehring & Rozencwajg Investment Funds), Distribution Agreement (Goehring & Rozencwajg Investment Funds)
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS that:
(a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end registered investment company;
(b) It is empowered under applicable laws and by its Agreement and Declaration of Trust and By-laws to enter into and perform this Agreement;
(c) The Board of Trustees of the Trust has duly authorized it to enter into and perform this Agreement;
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.
Appears in 2 contracts
Samples: Distribution Agreement (Litman Gregory Funds Trust), Distribution Agreement (Litman Gregory Funds Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS that:
(a) It is a statutory business trust duly organized and existing and in good standing under the laws of the state Commonwealth of Delaware Massachusetts and is registered with the SEC as an open-end registered management investment company;.
(b) It is empowered under applicable laws and by its Agreement and Declaration of Trust and By-laws to enter into and perform this Agreement;.
(c) The Board of Trustees of the Trust has duly authorized it to enter into and perform this Agreement;.
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.
Appears in 2 contracts
Samples: Distribution Agreement (Oak Associates Funds), Distribution Agreement (Oak Associates Funds)
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS CORRCAST that:
(a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end registered management investment company;.
(b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement;.
(c) The Board of Trustees of the Trust Fund has duly authorized it to enter into and perform this Agreement;.
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS CORRCAST hereunder without the prior written approval or ALPSCORRCAST, which approval shall not be unreasonably withheld or delayed.
Appears in 2 contracts
Samples: Management Services Agreement (SFS Series Trust), Management Services Agreement (SFS Series Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS that:
(a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware Ohio and is registered with the SEC as an open-end registered management investment company;.
(b) It is empowered under applicable laws and by its Agreement and Declaration of Trust and By-laws to enter into and perform this Agreement;.
(c) The Board of Trustees of the Trust has duly authorized it to enter into and perform this Agreement;.
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.
Appears in 2 contracts
Samples: Distribution Agreement (RiverNorth Funds), Distribution Agreement (RiverNorth Funds)
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS that:
(a) It is a statutory trust duly organized formed under the laws of the state of Delaware and existing and is in good standing and has a legal existence under the laws of the state of Delaware and is registered with the SEC as an open-end registered management investment company;.
(b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement;.
(c) The Board of Trustees of the Trust has duly authorized it to enter into and perform this Agreement;.
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.
Appears in 2 contracts
Samples: Distribution Agreement (USCF Mutual Funds Trust), Distribution Agreement (USCF Mutual Funds Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS that:
(a) It is a statutory trust duly organized and existing and in good standing under the laws of the state State of Delaware Massachusetts and is registered with the SEC as an open-end registered management investment company;.
(b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement;.
(c) The Board of Trustees of the Trust has duly authorized it to enter into and perform this Agreement;.
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or of ALPS, which approval shall not be unreasonably withheld or delayed.
Appears in 2 contracts
Samples: Distribution Agreement (Columbia ETF Trust I), Distribution Agreement (Columbia ETF Trust I)
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS that:
(a) It is a statutory business trust duly organized and existing and in good standing under the laws of the state of Delaware Massachusetts and is registered with the SEC as an open-end registered management investment company;.
(b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement;.
(c) The Board of Trustees of the Trust has duly authorized it to enter into and perform this Agreement;.
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or of ALPS, which approval shall not be unreasonably withheld or delayed.
Appears in 2 contracts
Samples: Distribution Agreement (Barings Funds Trust), Distribution Agreement (Babson Capital Funds Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS that:
(a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end registered management investment company;.
(b) It is empowered under applicable laws and by its Agreement and Declaration of Trust and By-laws to enter into and perform this Agreement;.
(c) The Board of Trustees of the Trust has duly authorized it to enter into and perform this Agreement;.
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or notice to ALPS, which approval shall not be unreasonably withheld or delayed.
Appears in 2 contracts
Samples: Distribution Agreement (Harvest Volatility Edge Trust), Distribution Agreement (Harvest Volatility Edge Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS that:
(a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end registered end, management investment company;.
(b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement;.
(c) The Board of Trustees of the Trust has duly authorized it to enter into and perform this Agreement;.
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.
Appears in 2 contracts
Samples: Distribution Agreement (Financial Investors Trust), Distribution Agreement (ALPS Series Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS that:
(a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end registered management investment company;.
(b) It is empowered under applicable laws and by its Declaration of Trust Instrument and By-laws to enter into and perform this Agreement;.
(c) The Board of Trustees of the Trust has duly authorized it to enter into and perform this Agreement;.
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.
Appears in 2 contracts
Samples: Distribution Agreement (Financial Investors Trust), Distribution Agreement (Financial Investors Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS that:
(a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end registered end, diversified management investment company;.
(b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement;.
(c) The Board of Trustees of the Trust has duly authorized it to enter into and perform this Agreement;.
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without prior notice to ALPS and providing ALPS with the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayedability to terminate this Agreement.
Appears in 2 contracts
Samples: Distribution Agreement (Stadion Investment Trust), Distribution Agreement (Stadion Investment Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS that:
(a) It is a statutory trust duly organized and existing and in good standing under the laws of the state State of Delaware and is registered with the SEC as an open-end registered non-diversified management investment company;.
(b) It is empowered under applicable laws and by its Declaration of Trust and Trust Agreement and By-laws to enter into and perform this Agreement;.
(c) The Board of Trustees of the Trust has duly authorized it to enter into and perform this Agreement;.
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.
Appears in 2 contracts
Samples: Distribution Agreement (USCF ETF Trust), Distribution Agreement (USCF ETF Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS The Distributor that:
(a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end registered management investment company;.
(b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement;.
(c) The Board of Trustees of the Trust has duly authorized it to enter into and perform this Agreement;.
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS the Distributor hereunder without the prior written approval or ALPSthe Distributor, which approval shall not be unreasonably withheld or delayed.
Appears in 2 contracts
Samples: Distribution Agreement (ETF Managers Trust), Distribution Agreement (ETF Managers Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS that:
(a) It is a statutory trust duly organized and existing and in good standing under the laws of the state State of Delaware and is registered with the SEC as an open-end registered management investment company;.
(b) It is empowered under applicable laws and by its Agreement and Declaration of Trust and By-laws to enter into and perform this Agreement;.
(c) The Board of Trustees of the Trust has duly authorized it to enter into and perform this Agreement;.
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or of ALPS, which approval shall not be unreasonably withheld or delayed.
Appears in 1 contract
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS that:
(a) It is a statutory trust duly organized and existing and in good standing under the laws of the state State of Delaware and is registered with the SEC as an open-end registered management investment company;.
(b) It is empowered under applicable laws and by its [Articles of Incorporation/Declaration of Trust Trust] and By-laws to enter into and perform this Agreement;.
(c) The Board of Trustees of the Trust has duly authorized it to enter into and perform this Agreement;.
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies policies, with respect to the Funds, which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayed.
Appears in 1 contract
Samples: Distribution Agreement (Trust for Professional Managers)
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS that:
(a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end registered non-diversified management investment company;.
(b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement;.
(c) The Board of Trustees of the Trust has duly authorized it to enter into and perform this Agreement;.
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or ALPS, which approval shall not be unreasonably withheld or delayednotice to ALPS and providing ALPS with the ability to terminate this Agreement.
Appears in 1 contract
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS that:
(a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end registered management investment company;.
(b) It is empowered under applicable laws and by its Amended and Restated Declaration of Trust and Amended and Restated By-laws to enter into and perform this Agreement;.
(c) The Board of Trustees of the Trust has duly authorized it to enter into and perform this Agreement;.
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or of ALPS, which approval shall not be unreasonably withheld or delayed.
Appears in 1 contract
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS the Distributor that:
(a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end registered investment company;
(b) It is empowered under applicable laws and by its Agreement and Declaration of Trust and By-laws to enter into and perform this Agreement;
(c) The Board of Trustees of the Trust has duly authorized it to enter into and perform this Agreement;
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS the Distributor hereunder without the prior written approval or ALPSthe Distributor, which approval shall not be unreasonably withheld or delayed.
Appears in 1 contract
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS the Distributor that:
(a) It is a statutory business trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end registered investment company;
(b) It is empowered under applicable laws and by its Agreement and Declaration of Trust and By-laws to enter into and perform this Agreement;
(c) The Board of Trustees of the Trust has duly authorized it to enter into and perform this Agreement;
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS the Distributor hereunder without the prior written approval or ALPSthe Distributor, which approval shall not be unreasonably withheld or delayed.
Appears in 1 contract
Samples: Distribution Agreement (SCM Trust)
Representations and Warranties of the Trust. The Trust represents and warrants to ALPS that:
(a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware and is registered with the SEC as an open-end registered management investment company;.
(b) It is empowered under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement;.
(c) The Board of Trustees of the Trust has duly authorized it to enter into and perform this Agreement;.
(d) Notwithstanding anything in this Agreement to the contrary, the Trust agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of ALPS hereunder without the prior written approval or of ALPS, which approval shall not be unreasonably withheld or delayed.
Appears in 1 contract