Representations and Warranties of the Trusts. Each Trust hereby represents and warrants to the Custodian, which representations and warranties shall be deemed to be continuing throughout the term of this Agreement, that: (a) It is duly organized and existing under the laws of the jurisdiction of its organization, with full power to carry on its business as now conducted, to enter into this Agreement and to perform its obligations hereunder; (b) This Agreement has been duly authorized, executed and delivered by the Trust in accordance with all requisite action and constitutes a valid and legally binding obligation of the Trust, enforceable 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 (c) It is conducting its business in compliance in all material respects with all applicable U.S. laws and regulations, both state and federal, and has obtained all regulatory approvals necessary to carry on its business under this Agreement; to the best of its knowledge, there is no U.S. statute, rule, regulation, order or judgment binding on it and no provision of its trust instrument, declaration of trust or other organizational document (as applicable), bylaws or any contract binding it or affecting its property which would prohibit its execution of, or performance under, this Agreement.
Appears in 10 contracts
Samples: Multi Trust Custody Agreement (SEI Catholic Values Trust), Multi Trust Custody Agreement (Sei Daily Income Trust /Ma/), Multi Trust Custody Agreement (Sei Institutional Managed Trust)
Representations and Warranties of the Trusts. Each Trust The Trusts hereby represents represent and warrants warrant to the Custodian, which representations and warranties shall be deemed to be continuing throughout the term of this Agreement, that:
(a) It is They are duly organized and existing under the laws of the jurisdiction of its their organization, with full power to carry on its their business as now conducted, to enter into this Agreement and to perform its their obligations hereunder;
(b) This Agreement has been duly authorized, executed and delivered by the Trust Trusts in accordance with all requisite action and constitutes a valid and legally binding obligation of the TrustTrusts, enforceable 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
(c) It is They are conducting its their business in compliance in all material respects with all applicable U.S. laws and regulations, both state and federal, and has have obtained all regulatory approvals necessary to carry on its their business under this Agreementas now conducted; to the best of its knowledge, there is no U.S. statute, rule, regulation, order or judgment binding on it them and no provision of its trust instrument, declaration of trust or other organizational document (as applicable)their charter, bylaws or any contract binding it them or affecting its their property which would prohibit its their execution of, or performance under, of this Agreement.
Appears in 3 contracts
Samples: Custody Agreement (Hatteras Alternative Mutual Funds Trust), Custody Agreement (Hatteras Alternative Mutual Funds Trust), Custody Agreement (Underlying Funds Trust)
Representations and Warranties of the Trusts. Each Trust hereby represents and warrants to the Custodian, which representations and warranties shall be deemed to be continuing throughout the term of this Agreement, that:
(a) It is duly organized and existing under the laws of the jurisdiction of its organization, with full power to carry on its business as now conducted, to enter into this Agreement and to perform its obligations hereunder;
(b) This Agreement has been duly authorized, executed and delivered by the applicable Trust in accordance with all requisite action and constitutes a valid and legally binding obligation of the Trust, enforceable 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
(c) It is conducting its business in compliance in all material respects with all applicable U.S. laws and regulations, both state and federal, and has obtained all regulatory approvals necessary to carry on its business under this Agreementas now conducted; to the best of its knowledge, there is no U.S. statute, rule, regulation, order or judgment binding on it and no provision of its trust instrument, declaration of trust or other organizational document (as applicable)charter, bylaws or any contract binding it or affecting its property which would prohibit its execution of, or performance under, of this Agreement.
Appears in 2 contracts
Samples: Custody Agreement (Underlying Funds Trust), Custody Agreement (Hatteras Alternative Mutual Funds Trust)