Representations of the Manager. The Manager represents, warrants and agrees that: (i) Manager is a Delaware limited liability company established pursuant to the laws of the State of Delaware; (ii) Manager is duly registered as an “investment adviser” under the Investment Advisers Act of 1940 (“Advisers Act”); (iii) Manager has been duly appointed by the Trustees and Shareholders of the Fund to provide investment services to the Fund as contemplated by the Management Contract. (iv) the execution, delivery and performance of this Agreement are within Manager’s powers, have been and remain duly authorized by all necessary corporate action and will not violate or constitute a default under any applicable law or regulation or of any decree, order, judgment, agreement or instrument binding on Manager; (v) no consent (including, but not limited to, exchange control consents) of any applicable governmental authority or body is necessary, except for such consents as have been obtained and are in full force and effect, and all conditions of which have been duly complied with; and (vi) this Agreement constitutes a legal, valid and binding obligation enforceable against Manager.
Appears in 97 contracts
Samples: Sub Advisory Agreement (Fidelity Concord Street Trust), Sub Advisory Agreement (Fidelity Concord Street Trust), Sub Advisory Agreement (Fidelity Salem Street Trust)
Representations of the Manager. The Manager represents, warrants and agrees that:
(i) Manager is a Delaware limited liability company corporation established pursuant to the laws of the State Commonwealth of DelawareMassachusetts;
(ii) Manager is duly registered as an “"investment adviser” " under the Investment Advisers Act of 1940 (“"Advisers Act”");
(iii) Manager has been duly appointed by the Trustees and Shareholders of the Fund Portfolio to provide investment services to the Fund Portfolio as contemplated by the Management Contract.
(iv) the execution, delivery and performance of this Agreement are within Manager’s 's powers, have been and remain duly authorized by all necessary corporate action and will not violate or constitute a default under any applicable law or regulation or of any decree, order, judgment, agreement or instrument binding on Manager;
(v) no consent (including, but not limited to, exchange control consents) of any applicable governmental authority or body is necessary, except for such consents as have been obtained and are in full force and effect, and all conditions of which have been duly complied with; and
(vi) this Agreement constitutes a legal, valid and binding obligation enforceable against Manager.
Appears in 86 contracts
Samples: Sub Advisory Agreement (Fidelity Concord Street Trust), Sub Advisory Agreement (Fidelity Concord Street Trust), Sub Advisory Agreement (Fidelity Concord Street Trust)
Representations of the Manager. The Manager represents, warrants and agrees that:
(i) Manager is a Delaware limited liability company corporation established pursuant to the laws of the State Commonwealth of DelawareMassachusetts;
(ii) Manager is duly registered as an “investment adviser” under the Investment Advisers Act of 1940 (“Advisers Act”);
(iii) Manager has been duly appointed by the Trustees and Shareholders of the Fund to provide investment services to the Fund as contemplated by the Management Contract.
(iv) the execution, delivery and performance of this Agreement are within Manager’s powers, have been and remain duly authorized by all necessary corporate action and will not violate or constitute a default under any applicable law or regulation or of any decree, order, judgment, agreement or instrument binding on Manager;
(v) no consent (including, but not limited to, exchange control consents) of any applicable governmental authority or body is necessary, except for such consents as have been obtained and are in full force and effect, and all conditions of which have been duly complied with; and
(vi) this Agreement constitutes a legal, valid and binding obligation enforceable against Manager.
Appears in 81 contracts
Samples: Sub Advisory Agreement (Fidelity Concord Street Trust), Sub Advisory Agreement (Fidelity Concord Street Trust), Sub Advisory Agreement (Fidelity Concord Street Trust)
Representations of the Manager. The Manager represents, warrants and agrees that:
(i) Manager is a Delaware limited liability company corporation established pursuant to the laws of the State Commonwealth of DelawareMassachusetts;
(ii) Manager is duly registered as an “investment adviser” under the Investment Advisers Act of 1940 (“Advisers Act”);
(iii) Manager has been duly appointed by the Trustees and Shareholders of the Fund Portfolio to provide investment services to the Fund Portfolio as contemplated by the Management Contract.
(iv) the execution, delivery and performance of this Agreement are within Manager’s powers, have been and remain duly authorized by all necessary corporate action and will not violate or constitute a default under any applicable law or regulation or of any decree, order, judgment, agreement or instrument binding on Manager;
(v) no consent (including, but not limited to, exchange control consents) of any applicable governmental authority or body is necessary, except for such consents as have been obtained and are in full force and effect, and all conditions of which have been duly complied with; and
(vi) this Agreement constitutes a legal, valid and binding obligation enforceable against Manager.
Appears in 74 contracts
Samples: Sub Advisory Agreement (Fidelity Commonwealth Trust II), Sub Advisory Agreement (Fidelity Commonwealth Trust II), Sub Advisory Agreement (Fidelity Commonwealth Trust II)
Representations of the Manager. The Manager represents, warrants and agrees that:
(i) Manager is a Delaware limited liability company established pursuant to the laws of the State of Delaware;
(ii) Manager is duly registered as an “investment adviser” under the Investment Advisers Act of 1940 (“Advisers Act”);
(iii) Manager has been duly appointed by the Trustees and Shareholders of the Fund Portfolio to provide investment services to the Fund Portfolio as contemplated by the Management Contract.
(iv) the execution, delivery and performance of this Agreement are within Manager’s powers, have been and remain duly authorized by all necessary corporate action and will not violate or constitute a default under any applicable law or regulation or of any decree, order, judgment, agreement or instrument binding on Manager;
(v) no consent (including, but not limited to, exchange control consents) of any applicable governmental authority or body is necessary, except for such consents as have been obtained and are in full force and effect, and all conditions of which have been duly complied with; and
(vi) this Agreement constitutes a legal, valid and binding obligation enforceable against Manager.
Appears in 43 contracts
Samples: Sub Advisory Agreement (Fidelity Salem Street Trust), Sub Advisory Agreement (Fidelity Salem Street Trust), Sub Advisory Agreement (Fidelity Salem Street Trust)
Representations of the Manager. The Manager represents, warrants and agrees that:
(i) Manager is a Delaware limited liability company corporation established pursuant to the laws of the State Commonwealth of DelawareMassachusetts;
(ii) Manager is duly registered as an “"investment adviser” " under the Investment Advisers Act of 1940 (“"Advisers Act”");
(iii) Manager has been duly appointed by the Trustees and Shareholders of the Fund to provide investment services to the Fund as contemplated by the Management Contract.
(iv) the execution, delivery and performance of this Agreement are within Manager’s 's powers, have been and remain duly authorized by all necessary corporate action and will not violate or constitute a default under any applicable law or regulation or of any decree, order, judgment, agreement or instrument binding on Manager;
(v) no consent (including, but not limited to, exchange control consents) of any applicable governmental authority or body is necessary, except for such consents as have been obtained and are in full force and effect, and all conditions of which have been duly complied with; and
(vi) this Agreement constitutes a legal, valid and binding obligation enforceable against Manager.
Appears in 26 contracts
Samples: Sub Advisory Agreement (Fidelity Salem Street Trust), Sub Advisory Agreement (Fidelity Salem Street Trust), Sub Advisory Agreement (Fidelity Salem Street Trust)
Representations of the Manager. The Manager represents, warrants and agrees that:
(i) Manager is a Delaware limited liability company established pursuant to the laws of the State of Delaware;
(ii) Manager is duly registered as an “investment adviseradviser ” under the Investment Advisers Act of 1940 (( “Advisers ActAct ”);
(iii) Manager has been duly appointed by the Trustees and Shareholders of the Fund to provide investment services to the Fund as contemplated by the Management Contract.
(iv) the execution, delivery and performance of this Agreement are within ManagerManager ’s powers, have been and remain duly authorized by all necessary corporate action and will not violate or constitute a default under any applicable law or regulation or of any decree, order, judgment, agreement or instrument binding on Manager;
(v) no consent (including, but not limited to, exchange control consents) of any applicable governmental authority or body is necessary, except for such consents as have been obtained and are in full force and effect, and all conditions of which have been duly complied with; and
(vi) this Agreement constitutes a legal, valid and binding obligation enforceable against Manager.
Appears in 16 contracts
Samples: Sub Advisory Agreement (Variable Insurance Products Fund Ii), Sub Advisory Agreement (Variable Insurance Products Fund Ii), Sub Advisory Agreement (Variable Insurance Products Fund Ii)
Representations of the Manager. The Manager represents, warrants and agrees that:
(i) Manager is a Delaware limited liability company established pursuant to the laws of the State of Delaware;
(ii) Manager is duly registered as an “"investment adviser” " under the Investment Advisers Act of 1940 (“"Advisers Act”");
(iii) Manager has been duly appointed by the Trustees and Shareholders of the Fund to provide investment services to the Fund as contemplated by the Management Contract.
(iv) the execution, delivery and performance of this Agreement are within Manager’s 's powers, have been and remain duly authorized by all necessary corporate action and will not violate or constitute a default under any applicable law or regulation or of any decree, order, judgment, agreement or instrument binding on Manager;
(v) no consent (including, but not limited to, exchange control consents) of any applicable governmental authority or body is necessary, except for such consents as have been obtained and are in full force and effect, and all conditions of which have been duly complied with; and
(vi) this Agreement constitutes a legal, valid and binding obligation enforceable against Manager.
Appears in 6 contracts
Samples: Sub Advisory Agreement (Fidelity Salem Street Trust), Sub Advisory Agreement (Fidelity Salem Street Trust), Sub Advisory Agreement (Fidelity Salem Street Trust)
Representations of the Manager. The Manager represents, warrants and agrees that:
(i) Manager is a Delaware limited liability company established pursuant to the laws of the State of Delaware;
(ii) Manager is duly registered as an “investment adviseradviser ” under the Investment Advisers Act of 1940 (( “Advisers ActAct ”);
(iii) Manager has been duly appointed by the Trustees and Shareholders of the Fund Portfolio to provide investment services to the Fund Portfolio as contemplated by the Management Contract.
(iv) the execution, delivery and performance of this Agreement are within ManagerManager ’s powers, have been and remain duly authorized by all necessary corporate action and will not violate or constitute a default under any applicable law or regulation or of any decree, order, judgment, agreement or instrument binding on Manager;
(v) no consent (including, but not limited to, exchange control consents) of any applicable governmental authority or body is necessary, except for such consents as have been obtained and are in full force and effect, and all conditions of which have been duly complied with; and
(vi) this Agreement constitutes a legal, valid and binding obligation enforceable against Manager.
Appears in 5 contracts
Samples: Sub Advisory Agreement (Variable Insurance Products Fund Ii), Sub Advisory Agreement (Fidelity Salem Street Trust), Sub Advisory Agreement (Fidelity Salem Street Trust)
Representations of the Manager. The Manager represents, warrants and agrees that:
(i) Manager is a Delaware limited liability company corporation established pursuant to the laws of the State Commonwealth of DelawareMassachusetts;
(ii) Manager is duly registered as an “investment adviser” under the Investment Advisers Act of 1940 (“Advisers Act”);
(iii) Manager has been duly appointed by the Trustees Directors and Shareholders of the Fund to provide investment services to the Fund as contemplated by the Management Contract.
(iv) the execution, delivery and performance of this Agreement are within Manager’s powers, have been and remain duly authorized by all necessary corporate action and will not violate or constitute a default under any applicable law or regulation or of any decree, order, judgment, agreement or instrument binding on Manager;
(v) no consent (including, but not limited to, exchange control consents) of any applicable governmental authority or body is necessary, except for such consents as have been obtained and are in full force and effect, and all conditions of which have been duly complied with; and
(vi) this Agreement constitutes a legal, valid and binding obligation enforceable against Manager.
Appears in 5 contracts
Samples: Sub Advisory Agreement (Fidelity Master Portfolios LLC), Sub Advisory Agreement (Fidelity Master Portfolios LLC), Sub Advisory Agreement (Fidelity Master Portfolios LLC)
Representations of the Manager. The Manager represents, warrants warrants, and agrees that:
(i) Manager is a Delaware limited liability company corporation established pursuant to the laws of the State Commonwealth of DelawareMassachusetts;
(ii) Manager is duly registered as an “investment adviser” under the Investment Advisers Act of 1940 (“Advisers Act”);
(iii) Manager has been duly appointed by the Trustees and Shareholders of the Fund to provide investment services to the Fund as contemplated by the Management Contract.
(iv) the execution, delivery and performance of this Agreement are within Manager’s powers, have been and remain duly authorized by all necessary corporate action and will not violate or constitute a default under any applicable law or regulation or of any decree, order, judgment, agreement or instrument binding on Manager;
(v) no consent (including, but not limited to, exchange control consents) of any applicable governmental authority or body is necessary, except for such consents as have been obtained and are in full force and effect, and all conditions of which have been duly complied with; and
(vi) this Agreement constitutes a legal, valid and binding obligation enforceable against Manager.
Appears in 3 contracts
Samples: Sub Advisory Agreement (Fidelity Commonwealth Trust), Sub Advisory Agreement (Fidelity Commonwealth Trust), Sub Advisory Agreement (Fidelity Commonwealth Trust)
Representations of the Manager. The Manager represents, warrants and agrees that:
: (i) Manager is a Delaware limited liability company corporation established pursuant to the laws of the State Commonwealth of Delaware;
Massachusetts; (ii) Manager is duly registered as an “"investment adviser” " under the Investment Advisers Act of 1940 (“"Advisers Act”");
; (iii) Manager has been duly appointed by the Trustees and Shareholders of the Fund Portfolio to provide investment services to the Fund Portfolio as contemplated by the Management Contract.
; (iv) the execution, delivery and performance of this Agreement are within Manager’s 's powers, have been and remain duly authorized by all necessary corporate action and will not violate or constitute a default under any applicable law or regulation or of any decree, order, judgment, agreement or instrument binding on Manager;
; (v) no consent (including, but not limited to, exchange control consents) of any applicable governmental authority or body is necessary, except for such consents as have been obtained and are in full force and effect, and all conditions of which have been duly complied with; and
and (vi) this Agreement constitutes a legal, valid and binding obligation enforceable against Manager.
Appears in 3 contracts
Samples: Subadvisory Agreement (Fidelity Commonwealth Trust), Subadvisory Agreement (Fidelity Concord Street Trust), Subadvisory Agreement (Variable Insurance Products Fund Ii)
Representations of the Manager. The Manager represents, warrants warrants, and agrees that:
(i) Manager is a Delaware limited liability company established pursuant to the laws of the State of Delaware;
(ii) Manager is duly registered as an “investment adviser” under the Investment Advisers Act of 1940 (“Advisers Act”);
(iii) Manager has been duly appointed by the Trustees and Shareholders of the Fund to provide investment services to the Fund as contemplated by the Management Contract.
(iv) the execution, delivery and performance of this Agreement are within Manager’s powers, have been and remain duly authorized by all necessary corporate action and will not violate or constitute a default under any applicable law or regulation or of any decree, order, judgment, agreement or instrument binding on Manager;
(v) no consent (including, but not limited to, exchange control consents) of any applicable governmental authority or body is necessary, except for such consents as have been obtained and are in full force and effect, and all conditions of which have been duly complied with; and
(vi) this Agreement constitutes a legal, valid and binding obligation enforceable against Manager.
Appears in 2 contracts
Samples: Sub Advisory Agreement (Fidelity Commonwealth Trust), Sub Advisory Agreement (Fidelity Commonwealth Trust)
Representations of the Manager. The Manager represents, warrants and agrees that:
(i) Manager is a Delaware limited liability company established pursuant to the laws of the State of Delaware;
(ii) Manager is duly registered as an “investment adviser” under the Investment Advisers Act of 1940 (“Advisers Act”);
(iii) Manager has been duly appointed by the Trustees and Shareholders of the Fund to provide investment services to the Fund as contemplated by the Management Contract.
(iv) the execution, delivery and performance of this Agreement are within Manager’s powers, have been and remain duly authorized by all necessary corporate action and will not violate or constitute a default under any applicable law or regulation or of any decree, order, judgment, agreement or instrument binding on Manager;
(v) no consent (including, but not limited to, exchange control consents) of any applicable governmental authority or body is necessary, except for such consents as have been obtained and are in full force and effect, and all conditions of which have been duly complied with; and;
(vi) this Agreement constitutes a legal, valid and binding obligation enforceable against Manager.
Appears in 2 contracts
Samples: Sub Advisory Agreement (Fidelity Covington Trust), Sub Advisory Agreement (Fidelity Covington Trust)
Representations of the Manager. The Manager represents, warrants and agrees that:
(i) Manager is a Delaware limited liability company corporation established pursuant to the laws of the State Commonwealth of Delaware;Massachusetts
(ii) Manager is duly registered as an “investment adviser” under the Investment Advisers Act of 1940 (“Advisers Act”);
(iii) Manager has been duly appointed by the Trustees and Shareholders of the Fund to provide investment services to the Fund as contemplated by the Management Contract.
(iv) the execution, delivery and performance of this Agreement are within Manager’s powers, have been and remain duly authorized by all necessary corporate action and will not violate or constitute a default under any applicable law or regulation or of any decree, order, judgment, agreement or instrument binding on Manager;
(v) no consent (including, but not limited to, exchange control consents) of any applicable governmental authority or body is necessary, except for such consents as have been obtained and are in full force and effect, and all conditions of which have been duly complied with; and
(vi) this Agreement constitutes a legal, valid and binding obligation enforceable against Manager.
Appears in 1 contract
Samples: Sub Advisory Agreement (Fidelity Salem Street Trust)
Representations of the Manager. The Manager represents, warrants and agrees that:
(i) Manager is a Delaware limited liability company corporation established pursuant to the laws of the State Commonwealth of DelawareMassachusetts;
(ii) Manager is duly registered as an “investment adviser” under the Investment Advisers Act of 1940 (“Advisers Act”);
(iii) Manager has been duly appointed by the Trustees and Shareholders of the Fund Portfolio to provide investment services to the Fund Portfolio as contemplated by the Management Contract.
(iv) the execution, delivery and performance of this Agreement are within Manager’s powers, have been and remain duly authorized by all necessary corporate action and will not violate or constitute a default under any applicable law or regulation or of any decree, order, judgment, agreement or instrument binding on Manager;
(v) no consent (including, but not limited to, exchange control consents) of any applicable governmental authority or body is necessary, except for such consents as have been obtained and are in full force and effect, and all conditions of which have been duly complied with; and
and (vi) this Agreement constitutes a legal, valid and binding obligation enforceable against Manager.
Appears in 1 contract
Samples: Sub Advisory Agreement (Variable Insurance Products Fund Ii)
Representations of the Manager. The Manager represents, warrants warrants, and agrees that:
(i) Manager is a Delaware limited liability company established pursuant to the laws of the State of Delaware;
(ii) Manager is duly registered as an “investment adviseradviser ” under the Investment Advisers Act of 1940 (( “Advisers ActAct ”);
(iii) Manager has been duly appointed by the Trustees and Shareholders of the Fund to provide investment services to the Fund as contemplated by the Management Contract.
(iv) the execution, delivery and performance of this Agreement are within ManagerManager ’s powers, have been and remain duly authorized by all necessary corporate action and will not violate or constitute a default under any applicable law or regulation or of any decree, order, judgment, agreement or instrument binding on Manager;
(v) no consent (including, but not limited to, exchange control consents) of any applicable governmental authority or body is necessary, except for such consents as have been obtained and are in full force and effect, and all conditions of which have been duly complied with; and
(vi) this Agreement constitutes a legal, valid and binding obligation enforceable against Manager.
Appears in 1 contract
Samples: Sub Advisory Agreement (Fidelity Commonwealth Trust)
Representations of the Manager. The Manager represents, warrants and agrees that:
(i) Manager is a Delaware limited liability company corporation established pursuant to the laws of the State Commonwealth of DelawareMassachusetts;
(ii) Manager is duly registered as an “"investment adviser” " under the Investment Advisers Act of 1940 (“"Advisers Act”");
(iii) Manager has been duly appointed by the Trustees and Shareholders of the Fund Portfolio to provide investment services to the Fund Portfolio as contemplated by the Management Contract.;
(iv) the execution, delivery and performance of this Agreement are within Manager’s 's powers, have been and remain duly authorized by all necessary corporate action and will not violate or constitute a default under any applicable law or regulation or of any decree, order, judgment, agreement or instrument binding on Manager;
(v) no consent (including, but not limited to, exchange control consents) of any applicable governmental authority or body is necessary, except for such consents as have been obtained and are in full force and effect, and all conditions of which have been duly complied with; and
(vi) this Agreement constitutes a legal, valid and binding obligation enforceable against Manager.
Appears in 1 contract
Samples: Subadvisory Agreement (Fidelity Commonwealth Trust)