Common use of REPRESENTATIONS OF THE ACQUIRING FUND Clause in Contracts

REPRESENTATIONS OF THE ACQUIRING FUND. (a) In connection with any investment by the Acquiring Fund in an Acquired Fund in excess of the limitations in Section 12(d)(1)(A), the Acquiring 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 Acquiring Fund; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if the Acquiring Fund fails to comply with the Rule with respect to its investment in such Acquired Fund, as interpreted or modified by the SEC or its staff from time to time, or this Agreement. (b) The Acquiring Fund represents, warrants, certifies, covenants and agrees that any securities of the Acquired Fund held or to be held by it under this Agreement are held or will be held in the ordinary course of business and that such securities were not and will not be acquired and are not and will not be held for the purpose of or with the effect of changing or influencing the management or policies of the Acquired Fund.

REPRESENTATIONS OF THE ACQUIRING FUND. (a) In connection with any investment by the Acquiring Fund in an the Acquired Fund in excess of the limitations in Section 12(d)(1)(A), the Acquiring Fund agrees toagrees: (i) to 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 Acquiring Fund; (ii) to comply with its obligations under this Agreement; and (iii) to promptly notify the Acquired Fund if the Acquiring Fund fails to comply with the Rule with respect to its investment in such Acquired Fund, as interpreted or modified by the SEC or its staff Staff from time to time, or this Agreement; and (iv) on a semiannual basis provide the dollar amount invested in the Acquired Fund aggregated with all Acquiring Funds. (b) The Acquiring Fund represents, warrants, certifies, covenants and agrees that any securities of portfolio holdings or affiliates information provided by the Acquired Fund held or provided pursuant to be held by it under this Section 1(b) of the Agreement are held or will be held in treated confidentially, used solely for the ordinary course purposes of business and that such securities were not this Agreement, and will not be acquired and are not and will not be held for disclosed without the purpose of or with the effect of changing or influencing the management or policies prior consent of the Acquired Fund, except for directors/trustees, officers, employees, accountants of the Acquiring Fund and its affiliates on a need-to-know basis and solely for the purposes of this Agreement.