REPRESENTATIONS OF INSTITUTION. Institution represents that: (a) the compensation payable to it under this Agreement in connection with the investment in the Trust of the assets of its customers: (i) will, to the extent required by law, be disclosed by Institution to its customers, and (ii) will not result in an excessive fee to Institution; (b) the performance of all its obligations hereunder will comply with all applicable laws and regulations, including any applicable state and federal securities laws and self-regulatory organization regulations, any requirements to deliver confirmations to its customers, the provisions of its charter documents and bylaws and all material contractual obligations binding upon Institution; and (c) it will promptly inform the Trust of any change in applicable laws or regulations (or interpretations thereof) or in its charter or bylaws or material contracts that would prevent or impair full performance of any of its obligations hereunder.
Appears in 2 contracts
Samples: Shareholder Service Agreement (Black Diamond Funds), Shareholder Service Agreement (Black Diamond Funds)
REPRESENTATIONS OF INSTITUTION. Institution represents that:
(a) the compensation payable to it under this Agreement in connection with the investment in the Trust Fund of the assets of its customers: (i) will, to the extent required by law, be disclosed by Institution to its customers, and (ii) will not result in an excessive fee to Institution;
(b) the performance of all its obligations hereunder will comply with all applicable laws and regulations, including any applicable state and federal securities laws and self-regulatory organization regulations, any requirements to deliver confirmations to its customers, the provisions of its charter documents and bylaws and all material contractual obligations binding upon Institution; and
(c) it will promptly inform the Trust Fund of any change in applicable laws or regulations (or interpretations thereof) or in its charter or bylaws or material contracts that would prevent or impair full performance of any of its obligations hereunder.
Appears in 2 contracts
Samples: Investor Service Agreement (Bacap Alternative Mult Strategy Fund LLC), Investor Service Agreement (Bacap Alternative Mult Strategy Fund LLC)