Representations of GFS. GFS represents and warrants to the Trust that:
(i) it is a limited liability company duly organized and existing and in good standing under the laws of the State of Nebraska;
(ii) it is empowered under applicable laws and by its organizational documents to enter into this Agreement and perform its duties under this Agreement;
(iii) it has access to the necessary facilities, equipment, and personnel to perform its duties and obligations under this Agreement; and
(iv) it is registered as a transfer agent under Section 17A of the Securities Exchange Act of 1934 and shall continue to be registered throughout the remainder of this Agreement.
Representations of GFS. GFS represents and warrants to the Trust that:
Representations of GFS. GFS represents and warrants to the Trust that:
(i) it is a limited liability company duly organized and existing and in good standing under the laws of the State of Nebraska;
(ii) it is empowered under applicable laws and by its organizational documents to enter into this Agreement and perform its duties under this Agreement;
(iii) all proceedings required by said organizational documents have been taken to authorize it to enter into and perform this Agreement;
(iv) it has access to the necessary facilities, equipment, and personnel to perform its duties and obligations under this Agreement; and
(v) it is registered as a transfer agent under Section 17A of the Securities Exchange Act of 1934 and shall continue to be registered throughout the term of this Agreement.
Representations of GFS. GFS represents and warrants to RCS that:
(i) it is a limited liability company duly organized and existing and in good standing under the laws of the State of Nebraska;
(ii) it is empowered under applicable laws and by its organizational documents to enter into this Agreement and perform its duties under this Agreement; and
(iii) it has access to the necessary facilities, equipment, and personnel to perform its duties and obligations under this Agreement.
Representations of GFS. GFS represents and warrants to the Company that:
Representations of GFS. GFS represents and warrants to EMG that:
(i) it is a limited liability company duly organized, existing and in good standing under the laws of the state of Nebraska;
(ii) it is empowered under applicable laws and by its organizational documents to enter into this Agreement and perform its duties under this Agreement; and
(iii) it has access to the necessary facilities, equipment, and personnel to perform its duties and obligations under this Agreement.
Representations of GFS. GFS represents and warrants to the Fund that:
(i) it is a limited liability company duly organized and existing and in good standing under the laws of the State of Nebraska;
(ii) it is empowered under applicable laws and by its organizational documents to enter into this Agreement and perform its duties under this Agreement; and
(iii) it has access to the necessary facilities, equipment, and personnel to perform its duties and obligations under this Agreement.
Representations of GFS. GFS represents and warrants to EII that:
(i) it is a limited liability company duly organized, existing and in good standing under the laws of the state of Nebraska;
(ii) it is empowered under applicable laws and by its organizational documents to enter into this Agreement and perform its duties under this Agreement;
(iii) it has access to the necessary facilities, equipment, and personnel to perform its duties and obligations under this Agreement; and
(iv) it is registered as a transfer agent under Section 17A of the Securities Exchange Act of 1934, as amended, and shall continue to be so registered throughout the remainder of this Agreement.
Representations of GFS. GFS represents and warrants to the Trust that:
(i) it is a limited liability company duly organized, existing and in good standing under the laws of the state of Nebraska;
(ii) it is empowered under applicable laws and by its organizational documents to enter into this Agreement and perform its duties under this Agreement;
(iii) it has access to the necessary facilities, equipment, and personnel to perform its duties and obligations under this Agreement;
(iv) it will comply with any and all applicable laws in relation to the Services for the term of this Agreement;
(v) it maintains, and will continue to maintain throughout the term of this Agreement, a disaster recovery policy and business continuity policy that are designed to enable it to recover from a disaster and continue providing the Services within the recovery time objects set forth therein and it will provide the Trust with a copy of such disaster recovery policy and business continuity policy and notify the Trust of any material changes thereto;
(vi) it will implement and maintain a comprehensive written information security program with written policies and procedures reasonably designed to protect the confidentiality and integrity of Customer Data (as defined below) and Trust Proprietary Information (as defined below), including technical and physical safeguards reasonably designed to: (A) ensure the security of Customer Data and Trust Proprietary Information, (B) protect against anticipated threats or hazards to the security or integrity of Customer Data and Trust Proprietary Information; (C) protect against unauthorized access to or use of Customer Data or Trust Proprietary Information that would result in substantial harm or inconvenience to the Trust or any shareholder; (D) detect and respond to internal or external security breaches; and (E) ensure appropriate disposal of Customer Data and Trust Proprietary Information; and
(vii) it is registered as a transfer agent under Section 17A of the Securities Exchange Act of 1934, as amended, and shall continue to be so registered throughout the remainder of this Agreement.
Representations of GFS. GFS represents and warrants to the Fund that:
