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

Representations and Warranties of the Trusts. Each Trust represents and warrants to the Administrator that: a. It is duly organized, existing and in good standing under the laws of its state of formation; b. It has the requisite power and authority under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement; c. All requisite proceedings have been taken to authorize it to enter into and perform this Agreement; d. It is an investment company properly registered with the SEC under the 1940 Act; e. The Registration Statement has been filed and will be effective and (if and as required to be updated) remain effective during the term of this Agreement. The Trust also warrants to the Administrator that as of the effective date of this Agreement, all necessary filings under the securities laws of the states in which the Trust offers or sells its shares have been made; f. No legal or administrative proceedings have been instituted or threatened which would impair the Trust’s ability to perform its duties and obligations under this Agreement; g. Its entrance into this Agreement will not cause a material breach or be in material conflict with any other agreement or obligation of the Trust or any law or regulation applicable to it; and h. As of the close of business on the date of this Agreement, each Trust that is an open-end management investment company is authorized to issue unlimited shares of beneficial interest and each Trust that is a closed-end management investment company has properly listed its shares for trading on a U.S. national securities exchange; i. Where information provided by the Trust or the Trust’s shareholders includes information about an identifiable individual (“Personal Information”), the Trust represents and warrants that it has obtained all consents and approvals, as required by all applicable laws, regulations, by-laws and ordinances that regulate the collection, processing, use or disclosure of Personal Information, necessary to disclose such Personal Information to the Administrator, and as required for the Administrator to use and disclose such Personal Information in connection with the performance of the Services hereunder.

Representations and Warranties of the Trusts. Each Trust represents and warrants to the Administrator that: a. It is a statutory trust or corporation, duly organized, existing and in good standing under the laws of its state of formation; b. It has the requisite power and authority under applicable laws and by its Declaration of Trust and By-laws Governing Documents to enter into and perform this Agreement; c. All requisite proceedings have been taken to authorize it to enter into and perform this Agreement; d. It is an investment company properly registered with the SEC under the 1940 Act; e. The Registration Statement has been filed and will be effective and (if and as required to be updated) remain effective during the term of this Agreement. The Trust also warrants to the Administrator that as of the effective date of this Agreement, all necessary filings under the securities laws of the states in which the Trust offers or sells its shares have been made; f. No legal or administrative proceedings have been instituted or threatened which would impair the Trust’s ability to perform its duties and obligations under this Agreement; g. Its entrance into this Agreement will not cause a material breach or be in material conflict with any other agreement or obligation of the Trust or any law or regulation applicable to it; and h. As of the close of business on the date of this Agreement, each the FPA Funds Trust that is an open-end management investment company is authorized to issue unlimited shares of beneficial interest and the other Trusts are each Trust that is authorized to issue a closed-end management investment company has properly listed its set number of shares for trading on a U.S. national securities exchangeof common stock; i. Where information provided by the Trust or the Trust’s shareholders includes information about an identifiable individual (excluding the Trust’s investors) (“Personal Information”), the Trust represents and warrants that it has obtained all consents and approvals, as required by all applicable laws, regulations, by-laws and ordinances that regulate the collection, processing, use or disclosure of Personal Information, necessary to disclose such Personal Information to the Administrator, and as required for the Administrator to use and disclose such Personal Information in connection with the performance of the Services services hereunder. The Trust acknowledges that the Administrator may perform any of the services, and may use and disclose Personal Information outside of the jurisdiction in which it was initially collected by the Trust, including the United States and that information relating to the Trust, including Personal Information may be accessed by national security authorities, law enforcement and courts. The Administrator shall be kept indemnified by and be without liability to the Trust for any action taken or omitted by it in reliance upon this representation and warranty, including without limitation, any liability or costs in connection with claims or complaints for failure to comply with any applicable law that regulates the collection, processing, use or disclosure of Personal Information.

Representations and Warranties of the Trusts. Each Trust represents and warrants to the Administrator that: a. It Each Trust is duly organized, validly existing and in good standing as a voluntary association with transferable shares of beneficial interest commonly referred to as “Massachusetts business trust” under the laws of its state the Commonwealth of formationMassachusetts; b. It Each Trust has the requisite power and authority under applicable laws and by its Agreement and Declaration of Trust and By-laws to enter into and perform this Agreement; c. All requisite proceedings required by said Agreement and Declaration of Trust and By-Laws have been taken to authorize it to enter into and perform this Agreement; d. It Each Trust is an investment company properly registered with the SEC as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”); e. The Each Trust’s Registration Statement has been filed and will be become effective and (if and as required to be updated) remain effective during no stop order suspending the term of this Agreementeffectiveness thereof has been issued. The Each Trust also warrants to the Administrator that as of the effective date of this Agreement, all necessary filings under the securities laws of the states in which the Trust offers or sells its shares have been made; f. No legal or administrative proceedings have been instituted or threatened which would impair the a Trust’s ability to perform its duties and obligations under this Agreement; g. Its entrance into this Agreement will not cause a material breach or be in material conflict with any other agreement or obligation of the a Trust or any law or regulation applicable to it; and h. As of the close of business on the date of this Agreement, each Trust that is an open-end management investment company is authorized to issue unlimited shares of beneficial interest and each Trust that is a closed-end management investment company has properly listed its shares for trading on a U.S. national securities exchange; i. Where information provided by the Trust or the Trust’s shareholders includes information about an identifiable individual (“Personal Information”), the Trust represents and warrants that it has obtained all consents and approvals, as required by all applicable laws, regulations, by-laws and ordinances that regulate the collection, processing, use or disclosure of Personal Information, necessary to disclose such Personal Information to the Administrator, and as required for the Administrator to use and disclose such Personal Information in connection with the performance of the Services hereunderinterest.

Representations and Warranties of the Trusts. Each Trust represents and warrants to the Administrator that: a. It is duly organized, existing and in good standing under the laws of its state of formation; b. It has the requisite power and authority under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement; c. All requisite proceedings have been taken to authorize it to enter into and perform this Agreement; d. It is an investment company properly registered with the SEC under the 1940 Act; e. The Registration Statement has been filed and will be effective and (if and as required to be updated) remain effective during the term of this Agreement. The Trust also warrants to the Administrator that as of the effective date of this Agreement, all necessary filings under the securities laws of the states in which the Trust offers or sells its shares have been made; f. No legal or administrative proceedings have been instituted or threatened which would impair the Trust’s ability to perform its duties and obligations under this Agreement; g. Its entrance into this Agreement will not cause a material breach or be in material conflict with any other agreement or obligation of the Trust or any law or regulation applicable to it; and h. As of the close of business on the date of this Agreement, each Trust that is an open-end management investment company is authorized to issue unlimited shares of beneficial interest and each Trust that is a closed-end management investment company has properly listed its shares for trading on a U.S. national securities exchange; i. Where information provided by the Trust or the Trust’s shareholders includes information about an identifiable individual (“Personal Information”), the Trust represents and warrants that it has obtained all consents and approvals, as required by all applicable laws, regulations, by-laws and ordinances that regulate the collection, processing, use or disclosure of Personal Information, necessary to disclose such Personal Information to the Administrator, and as required for the Administrator to use and disclose such Personal Information in connection with the performance of the Services hereunder.. Information Classification: Limited Access

Representations and Warranties of the Trusts. Each Trust represents and warrants to the Administrator that: a. It is a statutory trust, duly organized, existing and in good standing under the laws of its state of formation; b. It has the requisite power and authority under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement; c. All requisite proceedings have been taken to authorize it to enter into and perform this Agreement; d. It is an investment company properly registered with the SEC under the 1940 Act; e. The Registration Statement has been filed and will be effective and (if and as required to be updated) remain effective during the term Trust’s receipt of services under this Agreement. The Trust also warrants to the Administrator that as during its receipt of the effective date of services under this Agreement, all necessary filings under the securities laws of the states in which the Trust offers or sells its shares will be made (except where the Trust may have been madetemporarily suspended its share offering and a Registration Statement is not effective nor required to be effective during such suspension); f. No legal or administrative proceedings have been instituted or threatened which would impair the Trust’s ability to perform its duties and obligations under this Agreement; g. Its entrance into this Agreement will not cause a material breach or be in material conflict with any other agreement or obligation of the Trust or any law or regulation applicable to it; and h. As of the close of business on the date of this Agreement, each the Trust that is an open-end management investment company is authorized to issue unlimited shares of beneficial interest and each Trust that is a closed-end management investment company has properly listed its shares for trading on a U.S. national securities exchangeinterest; i. Where information provided by the Trust or the Trust’s shareholders investors to the Administrator includes information about an identifiable individual (“Personal Information”), the Trust represents and warrants that it has obtained all consents and approvals, as to the extent required by all applicable laws, regulations, by-laws and ordinances that regulate the collection, processing, use or disclosure of Personal Information, necessary to disclose such Personal Information to the Administrator, and as required for the Administrator to use and disclose such Personal Information in connection with the performance of the Services services hereunder. The Trust acknowledges that the Administrator may perform any of the services, and may use and disclose Personal Information outside of the jurisdiction in which it was initially collected by the Trust, including the United States and that information relating to the Trust, including Personal Information may be accessed by national security authorities, law enforcement and courts. The Administrator shall be kept indemnified by and be without liability to the Trust for any action taken or omitted by it in reliance upon this representation and warranty, including without limitation, any liability or costs in connection with claims or complaints for failure to comply with any applicable law that regulates the collection, processing, use or disclosure of Personal Information.

Representations and Warranties of the Trusts. Each The Baron Investment Funds Trust represents and warrants to the Administrator that: a. It is a Massachusetts business trust, duly organized, existing and in good standing under the laws of its state The Commonwealth of formationMassachusetts; b. It has the requisite power and authority under applicable laws and by its Declaration of Trust and By-laws to enter into and perform this Agreement; c. All requisite proceedings have been taken to authorize it to enter into and perform this Agreement; d. It is an investment company properly registered with the SEC under the 1940 Act; e. The Registration Statement has been filed and will be effective and (if and as required to be updated) remain effective during the term of this Agreement. The Trust also warrants to the Administrator that as of the effective date of this Agreement, all necessary filings under the securities laws of the states in which the Trust offers or sells its shares have been made; f. No legal or administrative proceedings have been instituted or threatened which would impair the Trust’s 's ability to perform its duties and obligations under this Agreement; g. Its entrance into this Agreement will not cause a material breach or be in material conflict with any other agreement or obligation of the Trust or any law or regulation applicable to it; and h. As of the close of business on the date of this Agreement, each the Trust that is an open-end management investment company is authorized to issue unlimited shares of beneficial interest interest. The Baron Select Funds represents and each Trust that warrants to the Administrator that: a. It is a closedstatutory trust, duly organized, existing and in good standing under the laws of the State of Delaware; b. It has the requisite power and authority under applicable laws and by its Declaration of Trust and By-end management laws to enter into and perform this Agreement; c. All requisite proceedings have been taken to authorize it to enter into and perform this Agreement; d. It is an investment company has properly listed registered with the SEC under the 1940 Act; e. The Registration Statement been filed and will be effective and remain effective during the term of this Agreement. The Trust also warrants to the Administrator that as of the effective date of this Agreement, all necessary filings under the securities laws of the states in which the Trust offers or sells its shares for trading on a U.S. national securities exchangehave been made; i. Where information provided by f. No legal or administrative proceedings have been instituted or threatened which would impair the Trust's ability to perform its duties and obligations under this Agreement; g. Its entrance into this Agreement will not cause a material breach or be in material conflict with any other agreement or obligation of the Trust or any law or regulation applicable to it; and h. As of the Trust’s shareholders includes information about an identifiable individual (“Personal Information”)close of business on the date of this Agreement, the Trust represents and warrants that it has obtained all consents and approvals, as required by all applicable laws, regulations, by-laws and ordinances that regulate the collection, processing, use or disclosure is authorized to issue unlimited shares of Personal Information, necessary to disclose such Personal Information to the Administrator, and as required for the Administrator to use and disclose such Personal Information in connection with the performance of the Services hereunderbeneficial interest.