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

Representations and Warranties of the Trust. The Trust hereby represents and warrants to CFS that: (a) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware; (b) It is empowered under applicable laws and by its organizational documents to enter into this Agreement and perform its duties under this Agreement; (c) All requisite corporate proceedings have been taken to authorize it to enter into this Agreement and perform its duties under this Agreement; (d) It is an open-end management investment company registered under the 1940 Act; (e) This Agreement, when executed and delivered, will constitute a legal, valid and binding obligation of the Trust, enforceable against the Trust in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties; and (f) A registration statement under the Securities Act of 1933, as amended, is currently effective and will remain effective, and appropriate state securities laws filings have been made and will continue to be made, with respect to all shares of the Funds and any classes thereof being offered for sale.

Appears in 51 contracts

Samples: Fund Services Agreement (World Funds Trust), Fund Services Agreement (ETF Opportunities Trust), Fund Services Agreement (Precidian ETFs Trust)

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Representations and Warranties of the Trust. The Trust hereby represents and warrants to CFS that: (ai) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware; (bii) It is empowered under applicable laws and by its organizational documents Organizational Documents to enter into this Agreement and perform its duties under this Agreement; (ciii) All requisite corporate proceedings have been taken to authorize it to enter into this Agreement and perform its duties under this Agreement; (div) It is an open-end management investment company registered under the 1940 Act; (ev) This Agreement, when executed and delivered, will constitute a legal, valid and binding obligation of the Trust, enforceable against the Trust in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties; and (fvi) A registration statement under the Securities Act of 1933, as amended, is currently effective and will remain effective, and appropriate state securities laws law filings have been made and will continue to be made, with respect to all shares Shares of the Funds and any classes Classes thereof being offered for sale.

Appears in 5 contracts

Samples: Transfer Agency and Services Agreement (World Funds Trust), Transfer Agency and Services Agreement (Dblaine Investment Trust), Transfer Agency and Services Agreement (World Funds Trust)

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Representations and Warranties of the Trust. The Trust hereby represents and warrants to CFS TFS that: (ai) It is a statutory trust duly organized and existing and in good standing under the laws of the state of Delaware; ; (bii) It is empowered under applicable laws and by its organizational documents Declaration of Trust and By-laws to enter into this Agreement and perform its duties under this Agreement; ; (ciii) All requisite corporate proceedings have been taken to authorize it to enter into this Agreement and perform its duties under this Agreement; ; (div) It is an open-end management investment company registered under the 1940 Act; ; (ev) This Agreement, when executed and delivered, will constitute a legal, valid and binding obligation of the Trust, enforceable against the Trust in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties; and (fvi) A registration statement under the Securities Act of 1933, as amended, is currently effective and will remain effective, and appropriate state State securities laws law filings have been made and will continue to be made, with respect to all shares Shares of the Funds and any classes thereof Classes of the Trust being offered for sale; and (vii) It is and will continue to be in compliance with all applicable Anti-Money Laundering Laws.

Appears in 5 contracts

Samples: Transfer Agency Agreement (Transamerica Funds), Transfer Agency Agreement (Transamerica Funds), Transfer Agency Agreement (Transamerica Funds)

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