Common use of REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF THE ADVISER Clause in Contracts

REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF THE ADVISER. The Adviser represents, warrants and agrees that: A. it has received a copy of Part II of the Sub-Adviser's Form ADV; B. it has full corporate power and authority (including the approval of the shareholders of the Fund) to enter into this Agreement (including the power and authority to appoint the Sub-Adviser hereunder) and to carry out its terms; and C. the Fund is either (i) excluded from the definition of the term "pool" under Section 4.5 of the General Regulations under the Commodity Exchange Act ("Rule 4.5"), or (ii) a qualifying entity under Rule 4.5(b) for which a notice of eligibility has been filed.