Common use of REPRESENTATIONS OF THE TRUST Clause in Contracts

REPRESENTATIONS OF THE TRUST. The Trust represents, warrants and agrees as follows: A. The Fund is a series of the Trust that is duly registered as an open-end investment company under the 0000 Xxx. B. The execution, delivery and performance by the Trust of this Agreement are within the Trust’s powers and have been duly authorized by all necessary action on the part of its Board of Trustees, and no action by or in respect of, or filing with, any governmental body, agency or official is required on the part of the Trust for the execution, delivery and performance by the Trust of this Agreement. C. The execution, delivery and performance by the Trust of this Agreement do not contravene or constitute a default under (i) any provision of applicable law, rule or regulation, (ii) the Trust’s Trust Instrument, or (iii) any agreement, judgment, injunction, order, decree or other instrument binding upon the Trust. D. The Trust has adopted a written code of ethics complying with the requirements of Rule 17j-1 under the 1940 Act and will provide the Investment Adviser and the Sub-Adviser with a copy of such code of ethics. E. This Agreement is a valid and binding Agreement of the Trust, enforceable against it in accordance with the terms hereof.

REPRESENTATIONS OF THE TRUST. The Trust represents, represents and warrants to the Investment Adviser and agrees the Sub-Adviser as follows: A. The Fund is a series of the Trust that is duly registered as an open-end investment company under the 0000 Xxx. B. The execution, delivery and performance by the Trust of this Agreement are within the Trust’s powers and have been duly authorized by all necessary action on the part of its Board of Trustees, and no action by or in respect of, or filing with, any governmental body, agency or official is required on the part of the Trust for the execution, delivery and performance by the Trust of this Agreement. C. The execution, delivery and performance by the Trust of this Agreement do not contravene or constitute a default under (i) any provision of applicable law, rule or regulation, (ii) the Trust’s Trust Instrument, or (iii) any agreement, judgment, injunction, order, decree or other instrument binding upon the Trust. D. The Trust has adopted a written code of ethics complying with the requirements of Rule 17j-1 under the 1940 Act and will provide the Investment Adviser and the Sub-Adviser with a copy of such code of ethics. E. This Agreement is a valid and binding Agreement of the Trust, enforceable against it in accordance with the terms hereof.

REPRESENTATIONS OF THE TRUST. The Trust represents, represents and warrants to the Investment Adviser and agrees the Sub-Adviser as follows: A. The Fund is a series of the Trust that is duly registered as an open-end investment company under the 0000 Xxx. B. The execution, delivery and performance by the Trust of this Agreement are within the Trust’s powers and have been duly authorized by all necessary action on the part of its Board of Trustees, and no action by or in respect of, or filing with, any governmental body, agency or official is required on the part of the Trust for the execution, delivery and performance by the Trust of this Agreement. C. The execution, delivery and performance by the Trust of this Agreement do not contravene or constitute a default under (i) any provision of applicable law, rule or regulation, (ii) the Trust’s Trust InstrumentInstrument or other governing documents, or (iii) any agreement, judgment, injunction, order, decree or other instrument binding upon the Trust. D. The Trust has adopted a written code of ethics complying with the requirements of Rule 17j-1 under the 1940 Act and will provide the Investment Adviser and the Sub-Adviser with a copy of such code of ethics. E. This Agreement is a valid and binding Agreement of the Trust, enforceable against it in accordance with the terms hereof.

REPRESENTATIONS OF THE TRUST. The Trust represents, warrants and agrees as follows: A. The Fund Portfolio is a series of the Trust that is duly registered as an open-end investment company under the 0000 Xxx. B. The execution, delivery and performance by the Trust of this Agreement are within the Trust’s powers and have been duly authorized by all necessary action on the part of its Board of Trustees, and no action by or in respect of, or filing with, any governmental body, agency or official is required on the part of the Trust for the execution, delivery and performance by the Trust of this Agreement. C. The execution, delivery and performance by the Trust of this Agreement do not contravene or constitute a default under (i) any provision of applicable law, rule or regulation, (ii) the Trust’s Trust Instrument, or (iii) any agreement, judgment, injunction, order, decree or other instrument binding upon the Trust. D. The Trust has adopted a written code of ethics complying with the requirements of Rule 17j-1 under the 1940 Act and will provide the Investment Adviser and the Sub-Adviser with a copy of such code of ethics. E. This Agreement is a valid and binding Agreement of the Trust, enforceable against it in accordance with the terms hereof.

REPRESENTATIONS OF THE TRUST. The Trust represents, warrants and agrees as follows: A. The Fund Portfolio is a series of the Trust that is duly registered as an open-end investment company under the 0000 1000 Xxx. B. The execution, delivery and performance by the Trust of this Agreement are within the Trust’s powers and have been duly authorized by all necessary action on the part of its Board of Trustees, and no action by or in respect of, or filing with, any governmental body, agency or official is required on the part of the Trust for the execution, delivery and performance by the Trust of this Agreement. C. The execution, delivery and performance by the Trust of this Agreement do not contravene or constitute a default under (i) any provision of applicable law, rule or regulation, (ii) the Trust’s Trust Instrument, or (iii) any agreement, judgment, injunction, order, decree or other instrument binding upon the Trust. D. The Trust has adopted a written code of ethics complying with the requirements of Rule 17j-1 under the 1940 Act and will provide the Investment Adviser and the Sub-Adviser with a copy of such code of ethics. E. This Agreement is a valid and binding Agreement of the Trust, enforceable against it in accordance with the terms hereof.

REPRESENTATIONS OF THE TRUST. The Trust represents, warrants and agrees as follows: A. The Fund is a series of the Trust that is duly registered as an open-end investment company under the 0000 1000 Xxx. B. The execution, delivery and performance by the Trust of this Agreement are within the Trust’s powers and have been duly authorized by all necessary action on the part of its Board of Trustees, and no action by or in respect of, or filing with, any governmental body, agency or official is required on the part of the Trust for the execution, delivery and performance by the Trust of this Agreement. C. The execution, delivery and performance by the Trust of this Agreement do not contravene or constitute a default under (i) any provision of applicable law, rule or regulation, (ii) the Trust’s Trust Instrument, or (iii) any agreement, judgment, injunction, order, decree or other instrument binding upon the Trust. D. The Trust has adopted a written code of ethics complying with the requirements of Rule 17j-1 under the 1940 Act and will provide the Investment Adviser and the Sub-Adviser with a copy of such code of ethics. E. This Agreement is a valid and binding Agreement of the Trust, enforceable against it in accordance with the terms hereof.

REPRESENTATIONS OF THE TRUST. The Trust represents, warrants and agrees as follows: A. The Fund is a series of the Trust that is duly registered as an open-end investment company under the 0000 Xxx. B. The execution, delivery and performance by the Trust of this Agreement are within the Trust’s powers and have been duly authorized by all necessary action on the part of its Board of Trustees, and no action by or in respect of, or filing with, any governmental body, agency or official is required on the part of the Trust for the execution, delivery and performance by the Trust of this Agreement. C. The execution, delivery and performance by the Trust of this Agreement do not contravene or constitute a default under (i) any provision of applicable law, rule or regulation, (ii) the Trust’s Trust Instrument, or (iii) any agreement, judgment, injunction, order, decree or other instrument binding upon the Trust. D. The Trust has adopted a written code of ethics complying with the requirements of Rule 17j-1 under the 1940 Act and will provide the Investment Adviser and the Sub-Adviser with a copy of such code of ethics. E. This Agreement is a valid and binding Agreement of the Trust, enforceable against it in accordance with the terms hereof.

REPRESENTATIONS OF THE TRUST. The Trust represents, represents and warrants to the Investment Adviser and agrees the Sub-Adviser as follows: A. The Fund is a series of the Trust that is duly registered as an open-end investment company under the 0000 1000 Xxx. B. The execution, delivery and performance by the Trust of this Agreement are within the Trust’s powers and have been duly authorized by all necessary action on the part of its Board of Trustees, and no action by or in respect of, or filing with, any governmental body, agency or official is required on the part of the Trust for the execution, delivery and performance by the Trust of this Agreement. C. The execution, delivery and performance by the Trust of this Agreement do not contravene or constitute a default under (i) any provision of applicable law, rule or regulation, (ii) the Trust’s Trust Instrument, or (iii) any agreement, judgment, injunction, order, decree or other instrument binding upon the Trust. D. The Trust has adopted a written code of ethics complying with the requirements of Rule 17j-1 under the 1940 Act and will provide the Investment Adviser and the Sub-Adviser with a copy of such code of ethics. E. This Agreement is a valid and binding Agreement of the Trust, enforceable against it in accordance with the terms hereof.

REPRESENTATIONS OF THE TRUST. The Trust represents, warrants and agrees as follows: A. The Each Fund is a series of the Trust that is duly registered as an open-end investment company under the 0000 1000 Xxx. B. The execution, delivery and performance by the Trust of this Agreement are within the Trust’s powers and have been duly authorized by all necessary action on the part of its Board of Trustees, and no action by or in respect of, or filing with, any governmental body, agency or official is required on the part of the Trust for the execution, delivery and performance by the Trust of this Agreement. C. The execution, delivery and performance by the Trust of this Agreement do not contravene or constitute a default under (i) any provision of applicable law, rule or regulation, (ii) the Trust’s Trust Instrument, or (iii) any agreement, judgment, injunction, order, decree or other instrument binding upon the Trust. D. The Trust has adopted a written code of ethics complying with the requirements of Rule 17j-1 under the 1940 Act and will provide the Investment Adviser and the Sub-Adviser with a copy of such code of ethics. E. This Agreement is a valid and binding Agreement of the Trust, enforceable against it in accordance with the terms hereof.

REPRESENTATIONS OF THE TRUST. The Trust represents, warrants and agrees as follows: A. The Fund is a series of the Trust that is duly registered as an open-end investment company under the 0000 Xxx1940 Act. B. The execution, delivery and performance by the Trust of this Agreement are within the Trust’s powers and have been duly authorized by all necessary action on the part of its Board of Trustees, and no action by or in respect of, or filing with, any governmental body, agency or official is required on the part of the Trust for the execution, delivery and performance by the Trust of this Agreement. C. The execution, delivery and performance by the Trust of this Agreement do not contravene or constitute a default under (i) any provision of applicable law, rule or regulation, (ii) the Trust’s Trust Instrument, or (iii) any agreement, judgment, injunction, order, decree or other instrument binding upon the Trust. D. The Trust has adopted a written code of ethics complying with the requirements of Rule 17j-1 under the 1940 Act and will provide the Investment Adviser and the Sub-Adviser with a copy of such code of ethics. E. This Agreement is a valid and binding Agreement of the Trust, enforceable against it in accordance with the terms hereof.

REPRESENTATIONS OF THE TRUST. The Trust represents, warrants and agrees to the Investment Adviser and the Sub-Adviser as follows: A. The Fund is a series of the Trust that is duly registered as an open-end investment company under the 0000 Xxx. B. The execution, delivery and performance by the Trust of this Agreement are within the Trust’s powers and have been duly authorized by all necessary action on the part of its Board of Trustees, and no action by or in respect of, or filing with, any governmental body, agency or official is required on the part of the Trust for the execution, delivery and performance by the Trust of this Agreement. C. The execution, delivery and performance by the Trust of this Agreement do not contravene or constitute a default under (i) any provision of applicable law, rule or regulation, (ii) the Trust’s Trust Instrument, or (iii) any agreement, judgment, injunction, order, decree or other instrument binding upon the Trust. D. The Trust has adopted a written code of ethics complying with the requirements of Rule 17j-1 under the 1940 Act and will provide the Investment Adviser and the Sub-Adviser with a copy of such code of ethics. E. This Agreement is a valid and binding Agreement of the Trust, enforceable against it in accordance with the terms hereof.

REPRESENTATIONS OF THE TRUST. The Trust represents, warrants and agrees as follows: A. The Fund is a series of the Trust that is duly registered as an open-end investment company under the 0000 1000 Xxx. B. The execution, delivery and performance by the Trust of this Agreement are within the Trust’s powers and have been duly authorized by all necessary action on the part of its Board of Trustees, and no action by or in respect of, or filing with, any governmental body, agency or official is required on the part of the Trust for the execution, delivery and performance by the Trust of this Agreement. C. The execution, delivery and performance by the Trust of this Agreement do not contravene or constitute a default under (i) any provision of applicable law, rule or regulation, (ii) the Trust’s Trust Instrument, or (iii) any agreement, judgment, injunction, order, decree or other instrument binding upon the Trust. D. The Trust has adopted a written code of ethics complying with the requirements of Rule 17j-1 under the 1940 Act and will provide the Investment Adviser and the Sub-Adviser with a copy of such code of ethics. E. This Agreement is a valid and binding Agreement of the Trust, enforceable against it in accordance with the terms hereof.

REPRESENTATIONS OF THE TRUST. The Trust represents, represents and warrants to the Investment Adviser and agrees the Sub-Adviser as follows: A. The Fund is a series of the Trust that is duly registered as an open-end investment company under the 0000 Xxx1940 Act. B. The execution, delivery and performance by the Trust of this Agreement are within the Trust’s 's powers and have been duly authorized by all necessary action on the part of its Board of Trustees, and no action by or in respect of, or filing with, any governmental body, agency or official is required on the part of the Trust for the execution, delivery and performance by the Trust of this Agreement. C. The execution, delivery and performance by the Trust of this Agreement do not contravene or constitute a default under (i) any provision of applicable law, rule or regulation, (ii) the Trust’s 's Trust Instrument, or (iii) any agreement, judgment, injunction, order, decree or other instrument binding upon the Trust. D. The Trust has adopted a written code of ethics complying with the requirements of Rule 17j-1 under the 1940 Act and will provide the Investment Adviser and the Sub-Adviser with a copy of such code of ethics. E. This Agreement is a valid and binding Agreement of the Trust, enforceable against it in accordance with the terms hereof.

REPRESENTATIONS OF THE TRUST. The Trust represents, warrants warrants, and agrees to the Investment Adviser and the Sub-Adviser as follows: A. The Fund is a series of the Trust that is duly registered as an open-end investment company under the 0000 Xxx. B. The execution, delivery and performance by the Trust of this Agreement are within the Trust’s powers and have been duly authorized by all necessary action on the part of its Board of Trustees, and no action by or in respect of, or filing with, any governmental body, agency or official is required on the part of the Trust for the execution, delivery and performance by the Trust of this Agreement. C. The execution, delivery and performance by the Trust of this Agreement do not contravene or constitute a default under (i) any provision of applicable law, rule or regulation, (ii) the Trust’s Trust Instrument, or (iii) any agreement, judgment, injunction, order, decree or other instrument binding upon the Trust. D. The Trust has adopted a written code of ethics complying with the requirements of Rule 17j-1 under the 1940 Act and will provide the Investment Adviser and the Sub-Adviser with a copy of such code of ethics. E. This Agreement is a valid and binding Agreement of the Trust, enforceable against it in accordance with the terms hereof.

REPRESENTATIONS OF THE TRUST. The Trust represents, warrants and agrees to the Adviser and the Sub-Adviser as follows: A. The Fund is a series of the Trust that is duly registered as an open-end investment company under the 0000 Xxx. B. The execution, delivery and performance by the Trust of this Agreement are within the Trust’s powers and have been duly authorized by all necessary action on the part of its Board of Trustees, and no action by or in respect of, or filing with, any governmental body, agency or official is required on the part of the Trust for the execution, delivery and performance by the Trust of this Agreement. C. The execution, delivery and performance by the Trust of this Agreement do not contravene or constitute a default under (i) any provision of applicable law, rule or regulation, (ii) the Trust’s Trust InstrumentDeclaration of Trust, or (iii) any agreement, judgment, injunction, order, decree or other instrument binding upon the Trust. D. The Trust has adopted a written code of ethics complying with the requirements of Rule 17j-1 under the 1940 Act and will provide the Investment Adviser and the Sub-Adviser with a copy of such code of ethics. E. This Agreement is a valid and binding Agreement of the Trust, enforceable against it in accordance with the terms hereof.

REPRESENTATIONS OF THE TRUST. The Trust represents, warrants and agrees as follows: A. The Each Fund is a series of the Trust that is duly registered as an open-end investment company under the 0000 Xxx. B. The execution, delivery and performance by the Trust of this Agreement are within the Trust’s powers and have been duly authorized by all necessary action on the part of its Board of Trustees, and no action by or in respect of, or filing with, any governmental body, agency or official is required on the part of the Trust for the execution, delivery and performance by the Trust of this Agreement. C. The execution, delivery and performance by the Trust of this Agreement do not contravene or constitute a default under (i) any provision of applicable law, rule or regulation, (ii) the Trust’s Trust Instrument, or (iii) any agreement, judgment, injunction, order, decree or other instrument binding upon the Trust. D. The Trust has adopted a written code of ethics complying with the requirements of Rule 17j-1 under the 1940 Act and will provide the Investment Adviser and the Sub-Adviser with a copy of such code of ethics. E. This Agreement is a valid and binding Agreement of the Trust, enforceable against it in accordance with the terms hereof.