Representations, Warranties and Agreements of the Fund. The Fund represents, warrants and agrees that:
a. The Sub-Adviser has been duly appointed by the Board of Trustees of the Fund to provide investment services to the Portfolio Account as contemplated hereby.
b. The Fund will deliver to the Sub-Adviser a true and complete copy of its then current Prospectus and Statement of Additional Information as effective from time to time and such other documents or instruments governing the investment of the Portfolio Account and such other information as is necessary for the Sub-Adviser to carry out its obligations under this Agreement.
c. The Fund is currently in compliance and shall at all times continue to comply with the requirements imposed upon the Fund by applicable law and regulations.
Representations, Warranties and Agreements of the Fund. The Fund represents, warrants and agrees that:
A. The Portfolio Manager has been duly appointed to provide investment services to the Portfolio Manager Account as contemplated hereby.
B. The Fund will deliver to the Portfolio Manager a true and complete copy of its then current Prospectus as effective from time to time and such other documents governing the investment of the Portfolio Manager Account and such other information as is necessary for the Portfolio Manager to carry out its obligations under this Agreement.
Representations, Warranties and Agreements of the Fund. By their approval of this Agreement the Trustees represent, warrant and agree that:
(a) The Fund is not prohibited by the 1940 Act or other applicable federal or state law from performing their obligations under this Agreement.
(b) The Fund is duly organized and validly existing under the laws of the State in which it was organized with the power to own and posses its assets and carry on its business as it is now being conducted.
(c) The Fund has taken all necessary action, and have obtained all necessary licenses, authorizations and approvals, to permit the Fund to enter into this Agreement, which Agreement constitutes the Fund's legal, valid and binding obligation, enforceable in accordance with its terms; and the execution, delivery and performance by the Fund of this Agreement does not contravene or constitute a default under any agreement binding upon the Fund.
Representations, Warranties and Agreements of the Fund. By their approval of this Agreement the Trustees represent, warrant and agree that: (a) The Fund is not prohibited by the 1940 Act or other applicable federal or state law from performing their obligations under this Agreement.
Representations, Warranties and Agreements of the Fund. The Trust represents, warrants and agrees that:
a. The Sub-Adviser has been duly appointed by the Board of Trustees of the Trust to provide investment services to the Fund Account as contemplated hereby.
b. The Trust will deliver to the Sub-Adviser a true and complete copy of the Fund’s then current Prospectus and Statement of Additional Information as effective from time to time and such other documents or instruments governing the investment of the Fund Account and such other information as is necessary for the Sub-Adviser to carry out its obligations under this Agreement.
c. The Trust is currently in compliance and shall at all times continue to comply with the requirements imposed upon the Trust by applicable law and regulations.
Representations, Warranties and Agreements of the Fund. The Trust represents, warrants and agrees that:
a. The Sub-Adviser has been duly appointed by the Board of Trustees of the Trust to provide investment services to the Fund Account as contemplated hereby.
b. The Trust will deliver to the Sub-Adviser a true and complete copy of the Fund’s then current Prospectus and Statement of Additional Information as effective from time to time, marked to show changes from the preceding version, and such other documents or instruments governing the investment of the Fund Account and such other information as is necessary for the Sub-Adviser to carry out its obligations under this Agreement.
c. The Trust is currently in material compliance and shall at all times continue to so comply with the requirements imposed upon the Trust by applicable law and regulations.
Representations, Warranties and Agreements of the Fund. The Trust on behalf of the Fund represents, warrants and agrees that:
A. The Portfolio Manager has been duly appointed to provide investment services to the Fund Account as contemplated hereby.
B. The Trust on behalf of the Fund will deliver to the Portfolio Manager a true and complete copy of its then current registration statement as effective from time to time and such other documents governing the investment of the Fund Account, or such other information as is necessary for the Portfolio Manager to carry out its obligations under this Agreement.
C. Upon certification by the Portfolio Manager that it has adopted a written code of ethics and procedures reasonably necessary to prevent access persons, as defined by said code of ethics, from violating the anti- fraud provisions of Rule 17j-1 under the Act, the Fund will not unreasonably withhold its approval of the code of ethics adopted by the Portfolio Manager provided that the Portfolio Manager certifies to the Fund that in all other material respects the Portfolio Manager's code of ethics complies with Rule 17j-1.
Representations, Warranties and Agreements of the Fund. The Fund represents, warrants and agrees that: a. The Sub-Adviser has been duly appointed by the Board of Trustees of the Fund to provide investment services to the Portfolio Account as contemplated hereby. b. The Fund will deliver to the Sub-Adviser a true and complete copy of its then current Prospectus and Statement of Additional Information as effective from time to time and such other documents or instruments governing the investment of the Portfolio Account and such other information as is necessary for the Sub-Adviser to carry out its obligations under this Agreement.
Representations, Warranties and Agreements of the Fund. The Fund represents and warrants to and agrees with you that:
(a) The Fund has prepared and filed with the Securities and Exchange Commission (the "SEC") a registration statement (Registration Nos. 333-208597 and 811-22554) that has become effective for the registration of the Shares under the Securities Act of 1933, as amended (the "Securities Act"), the Investment Company Act of 1940, as amended (the "1940 Act"), and the applicable rules and regulations of the SEC promulgated under the Securities Act and 1940 Act (the "Rules and Regulations"). In this Agreement, (i) the Fund's registration statement, as amended or supplemented, is referred to as the "Registration Statement"; (ii) the Fund's prospectus, as amended or supplemented, is referred to as the "Prospectus"; and (iii) the Fund's Statement of Additional Information, as amended or supplemented, is referred to as the "SAI."
(b) As of the effective date of this Agreement, the Registration Statement, including any financial statements contained therein: (i) complies with the Securities Act, the 1940 Act and the Rules and Regulations; and (ii) does not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. Notwithstanding anything contained herein to the contrary, the Fund's representations in this Section 2(b) will not extend to such statements contained in or omitted from the Registration Statement, that are primarily within the knowledge of the Dealer Manager and are based upon information furnished by the Dealer Manager in writing to the Fund specifically for inclusion therein.
(c) No order preventing or suspending the use of the Prospectus has been issued and no proceedings for that purpose are pending, threatened or, to the knowledge of the Fund, contemplated by the SEC; and, to the knowledge of the Fund, no order suspending the offering of the Shares in any jurisdiction has been issued and no proceedings for that purpose have been instituted or threatened or are contemplated.
(d) The Shares have been duly authorized and, when issued and sold as contemplated by the Registration Statement and the Fund's organizational documents, upon payment therefor as provided in the Registration Statement, the Shares will be validly issued, fully paid and nonassessable and will conform to the description thereof contained in the ...
Representations, Warranties and Agreements of the Fund. The Fund represents, warrants and agrees that:
A. The Money Manager has been duly appointed by the Board to provide investment services to the Account as contemplated hereby.
B. Accessor Funds will deliver to the Money Manager a true and complete copy of its current prospectus and statement of additional information as effective from time to time, such other documents or instruments governing the investments of Fund, and such other information as is necessary for the Money Manager to carry out its obligations under this Agreement.
C. The organization of Accessor Funds and the conduct of the business of the Fund as contemplated by this Agreement, materially complies, and shall at all times materially comply, with the requirements imposed upon Accessor Funds by applicable law.
