Representations of Lender. Lender represents and warrants to Chase that: (i) this Lending Agreement is, and each Loan shall be, legally and validly entered into, and does not and shall not violate any statute, regulation, rule, order or judgment binding on Lender, or any provision of Lender's charter or by-laws, or any agreement binding on Lender or affecting its property; (ii) the person executing this Lending Agreement and all Authorized Persons acting on behalf of Lender has and have been duly and properly authorized to do so; (iii) it is lending Securities as principal and shall not transfer, assign or encumber its interest in, or rights with respect to, any Securities available for Loan hereunder; and (iv) it is the beneficial owner of all Securities or otherwise has the right to lend Securities pursuant to the policies and restrictions contained in each Lender's prospectus and statement of additional information; and (v) it is entitled to receive all interest, dividends and other distributions ("Distributions") made by the issuer with respect to such Securities. Lender shall promptly identify to Chase by notice, which notice may be oral, any Securities that are no longer subject to the representations contained in (b).
Appears in 14 contracts
Samples: Securities Lending Agreement (Delaware Group Foundation Funds), Securities Lending Agreement (Delaware Group Equity Funds Iii), Securities Lending Agreement (Delaware Group Premium Fund)
Representations of Lender. Lender represents and warrants to Chase Bank that: (i) this Lending Agreement is, and each Loan shall be, legally and validly entered into, and does not and shall not violate any statute, regulation, rule, order or judgment binding on Lender, or any provision of Lender's ’s charter or by-laws, or any agreement binding on Lender or affecting its property; (ii) the person executing this Lending Agreement and all Authorized Persons acting on behalf of Lender has and have been duly and properly authorized to do so; (iii) it is lending Securities as principal and shall not transfer, assign or encumber its interest in, or rights with respect to, any Securities available for Loan hereunder; and (iv) it is the beneficial owner of all Securities or otherwise has the right to lend Securities pursuant to the policies and restrictions contained in each Lender's prospectus and statement of additional informationSecurities; and (v) it is entitled to receive all interest, dividends and other distributions ("including, but not limited to, payments made by the depositary in connection with American Depositary Receipts and Global Depositary Receipts ) (“Distributions"”) made by the issuer with respect to such Securitiesthereto. Lender shall promptly identify to Chase Bank by notice, which notice may be oral, any Securities that are no longer subject to the representations contained in (b).
Appears in 5 contracts
Samples: Securities Lending Agreement, Securities Lending Agreement (Jp Morgan Fleming Mutual Fund Group Inc), Securities Lending Agreement (Jp Morgan Mutual Fund Investment Trust)