Common use of Representations of the Fund Clause in Contracts

Representations of the Fund. The Fund represents to the Transfer Agent that Shares will be issued in accordance with the terms of the Declaration of Trust and the Prospectus and that such Shares shall be validly issued, fully paid, and non-assessable by the Fund. In the event that the Trustees shall declare a distribution payable in Shares, the Fund shall deliver to the Transfer Agent written notice of such declaration signed on behalf of the Fund by an Officer of the Fund, upon which the Transfer Agent shall be entitled to rely for all purposes, certifying (i) the number of Shares involved, (ii) that all appropriate action has been taken, and (iii) that any amendment to the Declaration of Trust which may be required has been filed and is effective. Such notice shall be accompanied by an opinion of counsel for the Fund relating to the legal adequacy and effect of the transaction. This provision shall not apply to Shares to be issued in the normal course of reinvestment of any distributions or dividends in accordance with the Fund’s Prospectus.

Representations of the Fund. The Fund represents to the Transfer Agent that Shares will be issued in accordance with the terms of the Declaration of Trust and the Prospectus and that such Shares shall be validly issued, fully paid, and non-assessable by the Fund. In the event that the Trustees shall declare a distribution payable in Shares, the Fund shall deliver to the Transfer Agent written notice of such declaration signed on behalf of the Fund by an Officer of the Fund, upon which the Transfer Agent shall be entitled to rely for all purposes, certifying (i) the number of Shares involved, (ii) that all appropriate action has been taken, and (iii) that any amendment to the Declaration of Trust which may be required has been filed and is effective. Such notice shall be accompanied by an opinion of counsel for the Fund relating to the legal adequacy and effect of the transaction. This provision shall not apply to Shares to be issued in the normal course of reinvestment of any distributions or dividends in accordance with the Fund’s 's Prospectus.