REPRESENTATIONS OF THE ACQUIRED FUND. In connection with any investment by the Acquiring Fund in the Acquired Fund in excess of the limitations in Section 12(d)(1)(A), the Acquired Fund agrees to: (i) comply with all conditions of the Rule, as interpreted or modified by the SEC or its Staff from time to time, applicable to the Acquired Fund; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquiring Fund if the Acquired Fund fails to comply with the Rule with respect to an investment by the Acquiring Fund, as interpreted or modified by the SEC or its Staff from time to time, or this Agreement.
Appears in 2 contracts
Samples: Fund of Funds Investment Agreement (Tidal ETF Trust), Fund of Funds Investment Agreement (Tidal Trust II)
REPRESENTATIONS OF THE ACQUIRED FUND. In connection with any investment by the an Acquiring Fund in the Acquired Fund in excess of the limitations in Section 12(d)(1)(A12(d)(l)(A), the Acquired Fund agrees to: (i) comply with all conditions of the Rule, as interpreted or modified by the SEC or its Staff staff from time to time, applicable to the Acquired Fund; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquiring Fund if the Acquired Fund fails to comply with the Rule with respect to an investment by the Acquiring Fund, as interpreted or modified by the SEC or its Staff staff from time to time, or this Agreement.
Appears in 2 contracts
Samples: Investment Agreement (Ft 9857), Unit Investment Trust of Closed End Funds Investment Agreement (Ft 9909)
REPRESENTATIONS OF THE ACQUIRED FUND. In connection with any investment by the Acquiring Fund in the Acquired Fund in excess of the limitations in Section 12(d)(1)(A), the Acquired Fund agrees to: (i) comply with all conditions of the Rule, as interpreted or modified by the SEC or its Staff staff from time to time, applicable to the Acquired Fund; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquiring Fund if the Acquired Fund fails to comply with the Rule with respect to an investment by the Acquiring Fund, as interpreted or modified by the SEC or its Staff staff from time to time, or this Agreement.
Appears in 1 contract
Samples: Fund of Funds Investment Agreement (First Trust Exchange-Traded Fund Viii)