Representations of the Trusts. Each Trust represents and warrants to GFS that: (i) it is a Trust duly organized and existing and in good standing under the laws of the State of Delaware; (ii) it is empowered under applicable laws and by its Organizational Documents to enter into and perform this Agreement; (iii) all proceedings required by said Organizational Documents have been taken to authorize it to enter into and perform this Agreement; (iv) it is an open-end management investment company registered under the 1940 Act and will operate in conformance with the 1940 Act and all rules and regulations promulgated thereunder, and all available exemptive relief therefrom, during the term of this Agreement; (v) a registration statement under the Securities Act of 1933 is currently effective and will remain effective, and appropriate state securities law filings as required, have been or will be made and will continue to be made, with respect to all the Shares of its Funds being offered for sale; and (vi) Each of its Fund’s Organizational Documents, Registration Statement and Prospectus are true and accurate and will remain true and accurate at all times during the term of this Agreement in conformance with applicable federal and state securities laws.
Appears in 3 contracts
Samples: Fund Services Agreement (Arrow Investments Trust), Fund Services Agreement (Arrow Investments Trust), Fund Services Agreement (Arrow ETF Trust)
Representations of the Trusts. Each Trust represents and warrants to GFS UFS that:
(i) it is a Trust duly organized and existing and in good standing under the laws of the State of Delaware;
(ii) it is empowered under applicable laws and by its Organizational Documents to enter into and perform this Agreement;
(iii) all proceedings required by said Organizational Documents have been taken to authorize it to enter into and perform this Agreement;
(iv) it is an open-end management investment company registered under the 1940 Act and will operate in conformance with the 1940 Act and all rules and regulations promulgated thereunder, and all available exemptive relief therefrom, during the term of this Agreement;
(v) a registration statement under the Securities Act of 1933 is currently effective and will remain effective, and appropriate state securities law filings as required, have been or will be made and will continue to be made, with respect to all the Shares of its Funds being offered for sale; and
(vi) Each of its Fund’s Organizational Documents, Registration Statement and Prospectus are true and accurate and will remain true and accurate at all times during the term of this Agreement in conformance with applicable federal and state securities laws.
Appears in 2 contracts
Samples: Fund Services Agreement (Arrow ETF Trust), Fund Services Agreement (Arrow Investments Trust)