Representations, Warranties and Agreements of the Acquired Fund. The Trust, and not the individual Trustees and officers thereof, on behalf of the Acquired Fund, represents and warrants to and agrees with the Acquiring Fund that:
Representations, Warranties and Agreements of the Acquired Fund. The Acquired Fund represents and warrants to and agrees with the Acquiring Fund that:
Representations, Warranties and Agreements of the Acquired Fund. The Kobrick Trust, on behalf of the Acquired Fund, represents and warrants to and agrees with the Acquiring Fund that:
Representations, Warranties and Agreements of the Acquired Fund. The J&V Trust, and not the individual trustees and officers thereof, on behalf of the Acquired Fund, represents and warrants to and agrees with the Acquiring Fund that:
Representations, Warranties and Agreements of the Acquired Fund. The Existing Trust, and not the individual Trustees and officers thereof, on behalf of the Acquired Fund, represents and warrants to the best of its knowledge and agrees with the New Trust, on behalf of the Acquiring Fund that: a. The Acquired Fund is a series of shares of the Gateway Trust, an Ohio business trust duly established and validly existing under the laws of the State of Ohio, and has power to own all of its properties and assets and to carry out this Agreement. The Existing Trust is qualified as a foreign association in every jurisdiction where required, except to the extent that failure to so qualify would not have a material adverse effect on the Existing Trust or the Acquired Fund. Each of the Existing Trust and the Acquired Fund has all necessary federal, state and local authorizations to own all of its properties and assets and to carry on its business as now being conducted and to carry out this Agreement. b. The Existing Trust is registered under the 1940 Act as an open-end management investment company, and such registration has not been revoked or rescinded and is in full force and effect. c. A statement of assets and liabilities, statement of operations, statement of changes in net assets and a schedule of investments (indicating their market values) of the Acquired Fund as of and for the period ended December 31, 2006 and a statement of assets and liabilities, statement of operations, statement of changes in net assets and a schedule of investments for the six months ended June 30, 2007 have been furnished to the Acquiring Fund prior to the Exchange Date. Such statement of assets and liabilities and schedule fairly present the financial position of the Acquired Fund as of such date and said statements of operations and changes in net assets fairly reflect the results of its operations and changes in net assets for the periods covered thereby in conformity with generally accepted accounting principles. d. Since June 30, 2007 there has not been any material adverse change in the Acquired Fund's financial condition, assets, liabilities or business (other than changes occurring in the ordinary course of business), or any incurrence by the Acquired Fund of indebtedness, except as disclosed in writing to the Acquiring Fund. For the purposes of this subsection (d) and of Section 9(a) of this Agreement, distributions of net investment income and net realized capital gains, changes in portfolio securities, changes in the market value of portf...
Representations, Warranties and Agreements of the Acquired Fund. The SSR Trust, on behalf of the Acquired Fund, represents and warrants to and agrees with the Acquiring Fund that:
