Common use of Representations of the Acquiring Funds Clause in Contracts

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 provide an Acquired Fund with information regarding the amount of such Acquiring Fund’s investments in the Acquired Fund, and information regarding Affiliates of the Acquiring Fund, upon the Acquired Fund’s reasonable request. (c) The Acquiring Fund and its Advisory Group, as such term is defined in the Rule, will not control (individually or in the aggregate) an Acquired Fund within the meaning of Section 2(a)(9) of the 1940 Act.

Appears in 2 contracts

Samples: Fund of Funds Investment Agreement (Tidal Trust II), Fund of Funds Investment Agreement (Tidal ETF Trust)

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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 . Additionally, an Acquiring Fund shall provide promptly notify an Acquired Fund: (i) of any purchase or acquisition of shares in an Acquired Fund with information regarding the amount that causes such Acquiring Fund to hold 3% or more of such Acquiring Fund’s investments in the Acquired Fund, and information regarding Affiliates of the Acquiring Fund, upon the Acquired Fund’s reasonable request. total outstanding voting securities; (cii) The where an Acquiring Fund and its Advisory Group, Group (as such term is defined in the Rule, will not control (individually Rule),individually or in the aggregate, hold more than 25% of such Acquired Fund’s total outstanding voting securities; and (iii) if at any time an Acquiring Fund no longer holds voting securities of an Acquired Fund within the meaning in excess of Section 2(a)(9) of the 1940 Actan amount noted in (i).

Appears in 2 contracts

Samples: Fund of Funds Investment Agreement (Tidal Trust II), Fund of Funds Investment Agreement (Tidal ETF 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 provide promptly notify an Acquired Fund with information regarding the amount of such Acquiring Fund’s investments in the Acquired Fund, and information regarding Affiliates of the Acquiring Fund, upon the Acquired Fund’s reasonable request.: (ci) The Where an Acquiring Fund and its Advisory Group, Group (as such term is defined in the Rule, will not control () individually or in the aggregate, hold more than 25% of such Acquired Fund’s total outstanding voting securities; and (ii) If at any time an Acquiring Fund no longer holds voting securities of an Acquired Fund within the meaning of Section 2(a)(9) in excess of the 1940 Actamount noted in (i) above.

Appears in 2 contracts

Samples: Fund of Funds Investment Agreement (GPS Funds II), Fund of Funds Investment Agreement (GPS Funds I)

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 provide an Acquired Fund and Calamos Advisors LLC with information regarding the amount of such Acquiring Fund’s investments in the Acquired Fund, and information regarding Affiliates affiliates of the Acquiring Fund, upon the Acquired Fund’s reasonable request. (c) The Each Acquiring Fund and its Advisory Group, as such term is defined acknowledges that it may only rely on this Agreement to invest in the Rule, will not control (individually or in the aggregate) an Acquired Fund within the meaning identified on Schedule A of Section 2(a)(9) of the 1940 Actthis Agreement, as may be amended from time to time.

Appears in 2 contracts

Samples: Fund of Funds Investment Agreement (Calamos Investment Trust/Il), Fund of Funds Investment Agreement (Advanced Series 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)(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. (b) An Acquiring Fund shall provide promptly notify an Acquired Fund: i. of any purchase or acquisition of shares in an Acquired Fund with information regarding the amount that causes such Acquiring Fund to hold 3% or more of such Acquiring Fund’s investments in the Acquired Fund, and information regarding Affiliates of the Acquiring Fund, upon the Acquired Fund’s reasonable request. (c) The Acquiring Fund and its Advisory Group, as such term is defined in the Rule, will not control (individually or in the aggregate) an Acquired Fund within the meaning of Section 2(a)(9) of the 1940 Act.'s total outstanding voting securities;

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (American Century Strategic Asset Allocations Inc)

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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 provide an Acquired Fund with information regarding the amount of such Acquiring Fund’s investments in the Acquired Fund, and information regarding Affiliates of the Acquiring Fund, upon the Acquired Fund’s reasonable request. (c) The Acquiring Fund and its Advisory Group, as such term is defined in the Rule, will not control (individually or in the aggregate) an Acquired Fund within the meaning of Section 2(a)(9Section2(a)(9) of the 1940 Act.

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (Abrdn Funds)

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)(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. (b) An Acquiring Fund shall provide promptly notify an Acquired Fund: i. of any purchase or acquisition of shares in an Acquired Fund with information regarding the amount that causes such Acquiring Fund to hold 3% or more of such Acquiring Fund’s investments in the Acquired Fund, and information regarding Affiliates of the Acquiring Fund, upon the Acquired Fund’s reasonable request. (c) The Acquiring Fund and its Advisory Group, as such term is defined in the Rule, will not control (individually or in the aggregate) an Acquired Fund within the meaning of Section 2(a)(9) of the 1940 Act.total outstanding voting securities;

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (Natixis Funds Trust II)

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 provide promptly notify an Acquired Fund: (i) of any purchase or acquisition of shares in an Acquired Fund with information regarding the amount that causes such Acquiring Fund to hold 3% or more of such Acquiring Fund’s investments in the Acquired Fund, and information regarding Affiliates of the Acquiring Fund, upon the Acquired Fund’s reasonable request.total outstanding voting securities; and (cii) The Acquiring Fund and its Advisory Group, as such term is defined of any purchase or acquisition of shares in the Rule, will not control (individually or in the aggregate) an Acquired Fund within the meaning that causes such Acquiring Fund to hold 5% or more of Section 2(a)(9) of the 1940 Actsuch Acquired Fund’s total outstanding voting securities.

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (DBX Etf Trust)

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