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 a statutory trust, duly organized, existing and in good standing under the laws of the state of its 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 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, the Trust is authorized to issue unlimited shares of beneficial interest.

Representations and Warranties of the Trusts. Each Trust represents The Trusts represent and warrants warrant to the Administrator that: a. It Each is a statutory business trust, duly organized, existing and in good standing under the laws of the state Commonwealth of its formationMassachusetts; b. It Each 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 Each 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 remain effective during the term of this Agreement. 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, the each Trust is authorized to issue unlimited shares of beneficial interest.

Representations and Warranties of the Trusts. Each Trust represents and warrants to the Administrator that: a. It is a statutory business trust, duly organized, existing and in good standing under the laws of the state The Commonwealth of its formationMassachusetts; b. It has the requisite corporate power and authority under applicable laws and by its Declaration declaration of Trust trust and Byby-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 A registration statement under the 1933 Act and the 1940 Act has 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 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, the Trust is authorized to issue unlimited shares of beneficial interest.

Representations and Warranties of the Trusts. Each Trust represents and warrants to the Administrator Bank that: a. It With respect to Xxxxxxxx Capital Funds, Xxxxxxxx Capital Funds (Delaware) and Xxxxxxxx Series Trust II, each is a statutory business trust, duly organized, existing and in good standing under the laws of the state State of its formationDelaware; b. It has the requisite corporate power and authority under applicable laws and by under its Declaration of Trust and Byby-laws or comparable 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 A registration statement under the 1933 Act, where applicable, and the 1940 Act has been filed and will be effective and remain effective during the term of this Agreement. The Each Trust also warrants to the Administrator Bank 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, the Trust is authorized to issue unlimited shares of beneficial interestinterest in the authorized amounts as set forth in Schedule A to this Agreement.

Representations and Warranties of the Trusts. Each The 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 the state of its 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 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, the Trust is authorized to issue unlimited shares of beneficial interest.