Common use of Representations of the Portfolio Clause in Contracts

Representations of the Portfolio. The Trust, on behalf of the Portfolio, represents and warrants that: (i) the Trust is a business trust established pursuant to the laws of the Commonwealth of Massachusetts; (ii) the Trust is duly registered as an investment company under the Investment Company Act and the Portfolio is a duly constituted series portfolio thereof; (iii) the execution, delivery and performance of this Agreement are within the Trust's powers, have been and remain duly authorized by all necessary action (including without limitation all necessary approvals and other actions required under the Investment Company Act) 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 the Trust or the Portfolio; (iv) 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 (v) this Agreement constitutes a legal, valid and binding obligation enforceable against the Trust and the Portfolio in accordance with its terms. 10.2

Appears in 9 contracts

Samples: Subadvisory Agreement (Fidelity Concord Street Trust), Subadvisory Agreement (Fidelity Commonwealth Trust), Subadvisory Agreement (Fidelity Concord Street Trust)

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Representations of the Portfolio. The Trust, on behalf of the Portfolio, represents and warrants that: (i) the Trust is a business trust established pursuant to the laws of the [Commonwealth of Massachusetts]; (ii) the Trust is duly registered as an investment company under the Investment Company Act and the Portfolio is a duly constituted series portfolio thereof; (iii) the execution, delivery and performance of this Agreement are within the Trust's powers, have been and remain duly authorized by all necessary action (including without limitation all necessary approvals and other actions required under the Investment Company Act) 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 the Trust or the Portfolio; (iv) 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 (v) this Agreement constitutes a legal, valid and binding obligation enforceable against the Trust and the Portfolio in accordance with its terms. 10.2

Appears in 3 contracts

Samples: Fidelity Concord Street Trust, Fidelity Concord Street Trust, Fidelity Concord Street Trust

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