Representations, Warranties and Agreements of the Acquiring Fund. The Xxxxxx Trust, and not the individual Trustees and officers thereof, on behalf of the Acquiring Fund, represents and warrants to and agrees with the Acquired Fund that:
Representations, Warranties and Agreements of the Acquiring Fund. The CDC Nvest Trust, on behalf of the Acquiring Fund, represents and warrants to and agrees with the Acquired Fund that:
Representations, Warranties and Agreements of the Acquiring Fund. The Acquiring Fund represents and warrants to and agrees with the Acquired Fund that:
Representations, Warranties and Agreements of the Acquiring Fund. The New Trust, and not the individual Trustees and officers thereof, on behalf of the Acquiring Fund, represents and warrants to the best of its knowledge and agrees with the Existing Trust, on behalf of the Acquired Fund that: a. The Acquiring Fund is a series of shares of the New Trust, a Massachusetts business trust duly established and validly existing under the laws of the Commonwealth of Massachusetts, and has power to own all of its properties and assets and to carry out its obligations under this Agreement. The New 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 New Trust or the Acquiring Fund. Each of the New Trust and the Acquiring Fund has all necessary federal, state and local authorizations to carry on its business as now being conducted and to carry out this Agreement. b. The New Trust is registered under the Investment Company Act of 1940, as amended (the "1940 Act"), as an open-end management investment company, and such registration has not been revoked or rescinded and is in full force and effect.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. The Acquiring Fund has no assets and liabilities, except for nominal shares issued and redeemed prior to the consummation of the transactions contemplated hereby. d. The New Trust is not in violation in any material respect of any provisions of its Agreement and Declaration of Trust or By-Laws or of any agreement, indenture, instrument, contract, lease or other undertaking to which the New Trust is a party or by which the Acquiring Fund is bound, and the execution, delivery and performance of this Agreement will not result in any such violation. e. The prospectuses and statement of additional information of the Acquiring Fund, each dated November 21, 2007 and each as from time to time amended or supplemented (collectively, the "Acquiring Fund Prospectus"), previously furnished to the Acquired Fund, (i) conform in all material respects to the applicable requirements of the Securities Act of 1933, as amended (the "1933 Act"), and (ii) did not as of such date and do not contain, with respect to the New Trust or the Acquiring Fund, any untrue statements of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading. f. There are no material legal, administrative or other proceedings pending or threatened against the New Trust or the Acquiring...
Representations, Warranties and Agreements of the Acquiring Fund. The Quant Trust, on behalf of the Acquiring Fund, represents and warrants to and agrees with the Acquired Fund that:
Representations, Warranties and Agreements of the Acquiring Fund. The New Trust, and not the individual Trustees and officers thereof, on behalf of the Acquiring Fund, represents and warrants to the best of its knowledge and agrees with the Existing Trust, on behalf of the Acquired Fund that:
