Common use of Representations of the Acquired Funds Clause in Contracts

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 from time to time, applicable to Acquired Funds; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquiring Fund if such 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. (b) An Acquiring Fund shall promptly notify an Acquired Fund: (i) when the Acquiring Fund acquires or ceases to hold more than 3% and more than 5% of such Acquired Fund's total outstanding voting securities; and (ii) when the Acquiring Fund and its "advisory group," individually or in the aggregate, acquires or ceases to hold more than 25% of such Acquired Fund's total outstanding voting securities. (c) Notwithstanding anything herein to the contrary, any Acquiring Fund that has an "affiliated person" (as defined under the 1940 Act) that is (i) a broker-dealer, (ii) a broker-dealer or bank that borrows as part of a securities lending program or (iii) a futures commission merchant or a swap dealer will: (a) not make an investment in an Acquired Fund that causes such Acquiring Fund to hold 5% or more of such Acquired Fund's total outstanding voting securities without prior approval from the Acquired Fund, and (b) notify the Acquired Fund if any investment by the Acquiring Fund that complied with (a) at the time of purchase no longer complies. (d) An Acquiring Fund shall provide an Acquired Fund with information regarding the amount of investments by the Acquiring Fund and its "advisory group" in the Acquired Fund, and information regarding affiliates of the Acquiring Fund, upon the Acquired Fund's reasonable request.

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)pursuant to this Agreement, the Acquired Fund agrees toagrees: (i) to 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; ; (ii) to comply with its obligations under this Agreement; and (iii) to promptly notify the Acquiring Fund if such 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. (b) An Each Acquiring Fund shall will promptly notify an Acquired Fund: (i) when the Acquiring Fund acquires or ceases to hold more than 3% and more than 5% of such Acquired Fund's total outstanding voting securities; and (ii) when the Acquiring Fund and its "advisory group," individually or in the aggregate, acquires or ceases to hold more than 25% of such Acquired Fund's total outstanding voting securities. (c) Notwithstanding anything herein to the contrary, writing following any Acquiring Fund that has an "affiliated person" (as defined under the 1940 Act) that is (i) a broker-dealer, (ii) a broker-dealer or bank that borrows as part of a securities lending program or (iii) a futures commission merchant or a swap dealer will: (a) not make an investment in an Acquired Fund that causes such Acquiring Fund to hold 5% or more of such Acquired Fund's total ’s outstanding voting securities. At the same time, to the extent that such Acquiring Fund is an “affiliated person” (as defined under the 0000 Xxx) of (i) a broker-dealer, other than a broker-dealer whose authorization to engage in the securities without prior approval from business is limited solely to acting as a mutual fund underwriter or sponsor, (ii) a broker-deal or bank that borrows as part of a securities lending program, (iii) an issuer that privately places its own fixed income securities, (iv) a bank that provides credit support or structures money market securities or (v) a futures commission merchant or a swap dealer, such Acquiring Fund shall provide to the Acquired Fund, Fund in writing a list of the names of each such affiliated person and (bshall notify the Fund of any changes to such list as soon as reasonably practicable after a change occurs. Each Acquiring Fund that has provided notice to an Acquired Fund pursuant to this Section 2(b) will also notify the Acquired Fund if any investment by the Acquiring Fund that complied with (a) at the time of purchase in writing when it no longer complies. (d) An Acquiring Fund shall provide an Acquired Fund with information regarding the amount holds 5% or more of investments by the Acquiring Fund and its "advisory group" in the such Acquired Fund, and information regarding affiliates of the Acquiring Fund, upon the Acquired Fund's reasonable request’s total outstanding voting securities.

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)pursuant to this Agreement, the Acquired Fund agrees toagrees: (i) to comply with all conditions of the Rule, as interpreted or modified by the SEC or its Staff from time to time, Rule applicable to Acquired Funds; (ii) to comply with its obligations under this Agreement; and (iii) to promptly notify the Acquiring Fund if such 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. (b) An Each Acquiring Fund shall will promptly notify an Acquired Fund: (i) when Fund in writing at the time of any investment that causes such Acquiring Fund acquires or ceases to hold more than 3% and more than 5% or more of such Acquired Fund's total ’s outstanding voting securities; and (ii) when . At the same time, such Acquiring Fund and its "advisory group," individually or in the aggregate, acquires or ceases to hold more than 25% of such Acquired Fund's total outstanding voting securities. (c) Notwithstanding anything herein shall also provide to the contrary, any Acquiring Acquired Fund that has an "in writing a list of the names of each “affiliated person" ” (as defined under the 1940 Act0000 Xxx) of the Acquiring Fund that is (i) a broker-dealer, (ii) a broker-dealer deal or bank that borrows as part of a securities lending program program, (iii) an issuer that privately places its own fixed income securities, (iv) a bank that provides credit support or structures money market securities or (iiiv) a futures commission merchant or a swap dealer will: (a) not make an investment in dealer, and shall notify the Fund of any changes to such list as soon as reasonably practicable after a change occurs. Each Acquiring Fund that has provided notice to an Acquired Fund that causes such Acquiring pursuant to this Section 2(b) will also notify the Acquired Fund to hold in writing when it no longer holds 5% or more of such Acquired Fund's ’s total outstanding voting securities without prior approval from the Acquired Fund, and (b) notify the Acquired Fund if any investment by the Acquiring Fund that complied with (a) at the time of purchase no longer compliessecurities. (dc) An Each Acquiring Fund shall provide acknowledges and understands that an Acquired Fund with information regarding reserves the amount right to reject any purchase of investments shares by the an Acquiring Fund and its "advisory group" in the Acquired Fund, and information regarding affiliates or any direct purchase of the Creation Units by an Acquiring Fund, upon the Acquired Fund's reasonable request.

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 from time to time, applicable to Acquired Funds; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquiring Fund if such 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. (b) An Acquiring Fund shall promptly notify an Acquired Fund: (i) when the Acquiring Fund acquires or ceases to hold more than 3% and more than 5% of such Acquired Fund's total outstanding voting securities; and (ii) when the Acquiring Fund and its "advisory group," individually or in the aggregate, acquires or ceases to hold more than 25% of such Acquired Fund's total outstanding voting securities. (c) Notwithstanding anything herein to the contrary, any Acquiring Fund that has an "affiliated person" (as defined under the 1940 Act0000 Xxx) that is (i) a broker-dealer, (ii) a broker-dealer or bank that borrows as part of a securities lending program or (iii) a futures commission merchant or a swap dealer will: (a) not make an investment in an Acquired Fund that causes such Acquiring Fund to hold 5% or more of such Acquired Fund's total outstanding voting securities without prior approval from the Acquired Fund, and (b) notify the Acquired Fund if any investment by the Acquiring Fund that complied with (a) at the time of purchase no longer complies. (d) An Acquiring Fund shall provide an Acquired Fund with information regarding the amount of investments by the Acquiring Fund and its "advisory group" in the Acquired Fund, and information regarding affiliates of the Acquiring Fund, upon the Acquired Fund's reasonable request.