Representations of the Acquired Funds. In connection with any investment by an Acquiring Fund in an 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 “acquired funds” under the Rule; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquiring Fund if such Acquired Fund materially fails to comply with the Rule, as interpreted or modified by the SEC or its Staff from time to time, with respect to an investment by the Acquiring Fund, or this Agreement. In addition, each Acquired Fund agrees to treat any information provided by the Acquiring Fund under Section 1 or 3 of this Agreement confidentially and to use such information only for purposes set forth in this Agreement.
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Samples: Fund of Funds Investment Agreement (Guggenheim Funds Trust), Fund of Funds Investment Agreement (Transparent Value Trust), Fund of Funds Investment Agreement (Guggenheim Strategy Funds Trust)
Representations of the Acquired Funds. (a) In connection with any investment by an Acquiring Fund in an 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 “acquired funds” under the RuleAcquired Funds; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquiring Fund if such Acquired Fund materially fails to comply with the RuleRule with respect to an investment by the Acquiring Fund, as interpreted or modified by the SEC or its Staff staff from time to time, with respect to an investment by the Acquiring Fund, or this Agreement. In addition, each .
(b) [Each Acquired Fund agrees to treat that any information regarding planned purchases or sales of shares of an Acquired Fund provided by pursuant to Section [1(a)(3)] will be used solely for the Acquiring Fund under Section 1 or 3 purposes of this Agreement confidentially and to use such information only for purposes set forth in this Agreement.]
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Samples: Fund of Funds Investment Agreement (DoubleLine Funds Trust)