Common use of Representations of the Acquiring Funds Clause in Contracts

Representations of the Acquiring 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 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 Acquiring Funds; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if such 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.

Appears in 176 contracts

Samples: Fund of Funds Investment Agreement (BNY Mellon ETF Trust), Fund of Funds Investment Agreement (BNY Mellon ETF Trust II), Investment Agreement (Federated Hermes MDT Series)

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Representations of the Acquiring 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 Acquiring 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 Acquiring Funds; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if such 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.

Appears in 16 contracts

Samples: Investment Agreement (Advisors Disciplined Trust Series 1), Investment Agreement (John Hancock Financial Opportunities Fund), Investment Agreement (Eq Advisors Trust)

Representations of the Acquiring Funds. In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations in Section 12(d)(1)(A12(d)(l)(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 Acquiring Funds; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if such 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.

Appears in 6 contracts

Samples: Fund of Funds Investment Agreement (iSHARES TRUST), Fund of Funds Investment Agreement (iShares, Inc.), Fund of Funds Investment Agreement (First Trust Exchange-Traded Fund Viii)

Representations of the Acquiring 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) or Section 12(d)(1)(C), 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 Acquiring Funds; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if such 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 fails to comply with this Agreement.

Appears in 4 contracts

Samples: Fund of Funds Investment Agreement (RiverNorth Managed Duration Municipal Income Fund II, Inc.), Fund of Funds Investment Agreement (RiverNorth Funds), Fund of Funds Investment Agreement (RiverNorth/DoubleLine Strategic Opportunity Fund, Inc.)

Representations of the Acquiring 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) or (C), 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 Acquiring Funds“acquiring funds” under the Rule; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if such Acquiring Fund materially fails to comply with the Rule with respect to its investment in such Acquired FundRule, as interpreted or modified by the SEC or its Staff from time to time, with respect to its investment in such Acquired Fund, or this Agreement. In addition, each Acquiring Fund agrees to treat any information provided by the Acquired Fund under Section 1 of this Agreement confidentially and to use such information only for purposes set forth in this Agreement.

Appears in 4 contracts

Samples: Fund of Funds Investment Agreement (Rydex Variable Trust), Fund of Funds Investment Agreement (Guggenheim Funds Trust), Fund of Funds Investment Agreement (Guggenheim Strategy Funds Trust)

Representations of the Acquiring 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 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 Acquiring Funds“acquiring funds” under the Rule; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if such Acquiring Fund materially fails to comply with the Rule with respect to its investment in such Acquired FundRule, as interpreted or modified by the SEC or its Staff from time to time, with respect to its investment in such Acquired Fund, or this Agreement. In addition, each Acquiring Fund agrees to treat any information provided by the Acquired Fund under Section 1 of this Agreement confidentially and to use such information only for purposes set forth in this Agreement.

Appears in 4 contracts

Samples: Fund of Funds Investment Agreement (Rydex Variable Trust), Fund of Funds Investment Agreement (Guggenheim Funds Trust), Fund of Funds Investment Agreement (Guggenheim Strategy Funds Trust)

Representations of the Acquiring Funds. In connection with any investment investments by an the Acquiring Fund Funds in an Acquired Fund in excess of the limitations in Section 12(d)(1)(A), the each Acquiring Fund agrees to: (i) comply : a. 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 Funds; (ii) comply Fund; b. Comply with its obligations under this Agreement; and (iii) promptly and c. Promptly notify the Acquired Fund if such the Acquiring Fund fails to comply with the Rule with respect to its investment investments in such Acquired Fund, as interpreted or modified by the SEC or its Staff from time to time, or this Agreement.

Appears in 3 contracts

Samples: Fund of Funds Investment Agreement (Loomis Sayles Funds Ii), Fund of Funds Investment Agreement (Loomis Sayles Funds I), Fund of Funds Investment Agreement (Natixis Funds Trust IV)

Representations of the Acquiring 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)) of the 1940 Act, the Acquiring 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 Acquiring Funds; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if such 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.

Appears in 3 contracts

Samples: Investment Agreement (Advisors Disciplined Trust Series 1), Investment Agreement (Advisors Disciplined Trust Series 1), Unit Investment Trust of Closed End Funds Investment Agreement (Ft 9909)

Representations of the Acquiring 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 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 Acquiring Funds; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if such 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) An Acquiring Fund shall promptly notify an Acquired Fund:

Appears in 2 contracts

Samples: Fund of Funds Investment Agreement (iSHARES TRUST), Fund of Funds Investment Agreement (iShares, Inc.)

Representations of the Acquiring 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 Acquiring 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 Acquiring Funds; ; (ii) comply with its obligations under this Agreement; and and (iii) promptly notify the Acquired Fund if such 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.

Appears in 2 contracts

Samples: Fund of Funds Investment Agreement (Deutsche DWS Variable Series Ii), Fund of Funds Investment Agreement (AdvisorShares Trust)

Representations of the Acquiring 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 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 Acquiring Funds; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if such 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) An Acquiring Fund shall promptly notify an Acquired Fund:

Appears in 2 contracts

Samples: Fund of Funds Investment Agreement (iShares, Inc.), Fund of Funds Investment Agreement (iSHARES TRUST)

Representations of the Acquiring 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 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 Acquiring Funds; (ii) comply with its obligations under obligationsunder this Agreement; and (iii) promptly notify the Acquired Fund if such 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.

Appears in 2 contracts

Samples: Fund of Funds Investment Agreement (iShares, Inc.), Fund of Funds Investment Agreement (iSHARES TRUST)

Representations of the Acquiring 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 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 Acquiring Funds; ; (ii) comply with its obligations under this Agreement; and and (iii) promptly notify the Acquired Fund if such 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.

Appears in 2 contracts

Samples: Fund of Funds Investment Agreement (Litman Gregory Funds Trust), Fund of Funds Investment Agreement (Advisors Preferred Trust)

Representations of the Acquiring 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 Acquiring 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 Acquiring Funds; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if such 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 fails to comply with this Agreement.

Appears in 2 contracts

Samples: Investment Agreement (Advisors Disciplined Trust Series 1), Investment Agreement (Advisors Disciplined Trust Series 1)

Representations of the Acquiring 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 Acquiring Fund agrees to: (i) comply with all conditions of the Rule, as interpreted or modified by the SEC or its Staff staff through formal published guidance applicable to the Rule from time to time, applicable to Acquiring Funds; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if such 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.

Appears in 2 contracts

Samples: Investment Agreement (Advisors Disciplined Trust Series 1), Investment Agreement (Advisors Disciplined Trust Series 1)

Representations of the Acquiring Funds. In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations in Section 12(d)(1)(A12(d)(l)(A), the Acquiring 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 Acquiring Funds; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if such 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.

Appears in 1 contract

Samples: Unit Investment Trust of Closed End Funds Investment Agreement (Ft 9909)

Representations of the Acquiring Funds. In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations in Section 12(d)(1)(A12(d)( I )(A), the Acquiring 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 Acquiring Funds; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if such 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.

Appears in 1 contract

Samples: Unit Investment Trust of Closed End Funds Investment Agreement (Ft 9909)

Representations of the Acquiring 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 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 Acquiring Funds; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if such 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.

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (Unified Series Trust)

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Representations of the Acquiring Funds. In connection with any investment by an Acquiring Fund in an the 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 Acquiring Funds; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if such 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.

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (Series Portfolios Trust)

Representations of the Acquiring Funds. In connection with any investment by an Acquiring Fund in an the 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 FundsFund; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if such Acquiring Fund fails to comply with the Rule with respect to its investment in such the Acquired Fund, as interpreted or modified by the SEC or its Staff from time to time, or this Agreement.

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (E-Valuator Funds Trust)

Representations of the Acquiring 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 Acquiring Fund agrees to: (i) comply with all material conditions of the Rule, as interpreted or modified by the SEC or its Staff from time to time, applicable to Acquiring Funds; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if such 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.

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (JNL Series Trust)

Representations of the Acquiring Funds. In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations in Section 12(d)(1)(Al2(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 staff from time to time, applicable to Acquiring Funds; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if such 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.

Appears in 1 contract

Samples: Unit Investment Trust of Closed End Funds Investment Agreement (Ft 9909)

Representations of the Acquiring 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 Acquiring 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 Acquiring FundsFund; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if such 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.

Appears in 1 contract

Samples: Unit Investment Trust of Closed End Funds Investment Agreement (Ft 9909)

Representations of the Acquiring Funds. In connection with any investment by an Acquiring Fund in an the 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 staff from time to time, applicable to Acquiring Funds; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if such Acquiring Fund fails to comply with the Rule with respect to its investment in such the Acquired Fund, as interpreted or modified by the SEC or its Staff staff from time to time, or this Agreement.

Appears in 1 contract

Samples: Investment Agreement (Ft 9857)

Representations of the Acquiring Funds. In connection with any investment investments by an the Acquiring Fund Funds in an Acquired Fund in excess of the limitations in Section 12(d)(1)(A), the each Acquiring Fund agrees to: : (ia) comply 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 Funds; Fund; (iib) comply Comply with its obligations under this Agreement; and and (iiic) promptly Promptly notify the Acquired Fund if such the Acquiring Fund fails to comply with the Rule with respect to its investment investments in such Acquired Fund, as interpreted or modified by the SEC or its Staff from time to time, or this Agreement.

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (Investment Managers Series Trust)

Representations of the Acquiring 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)) in reliance on the Rule, 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 Acquiring Funds; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if such Acquiring Fund fails to materially 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.

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (Forethought Variable Insurance Trust)

Representations of the Acquiring 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 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 Acquiring Funds; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if such Acquiring Fund fails to comply with the Rule with respect to its investment in such Acquired FundRule, as interpreted or modified by the SEC or its Staff from time to time, or this Agreement.

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (American Century Etf Trust)

Representations of the Acquiring Funds. In ln connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations in Section 12(d)(1)(A12(d)(l)(A), the Acquiring Fund agrees to: (i) comply with all material conditions of the Rule, as interpreted or modified by the SEC or its Staff from time to time, applicable to Acquiring Funds; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if such 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.

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (Jackson National Separate Account - I)

Representations of the Acquiring 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 Acquiring Fund agrees to: (i) comply with all conditions of the Rule, as interpreted or modified by the SEC or its Staff staff through formal published guidance applicable to the Rule from time to time, applicable to Acquiring Funds; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if such 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 through formal published guidance applicable to the Rule from time to time, or this Agreement.

Appears in 1 contract

Samples: Unit Investment Trust of Closed End Funds Investment Agreement (Ft 9909)

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