Representations, Warranties and Agrees of the Trust. The Trust represents, warrants and agrees to Atlantic that: (i) It is a statutory trust duly organized and existing and in good standing under the laws of the State of Delaware. (ii) It is empowered under Law applicable to the Trust and by its Organic Documents to enter into this Agreement and perform its duties under this Agreement. (iii) All requisite statutory trust proceedings have been taken to authorize it to enter into this Agreement and perform its duties under this Agreement. (iv) It is registered as an open-end management investment company under the 1940 Act. (v) This Agreement, when executed and delivered, will constitute a legal, valid and binding obligation of the Trust, enforceable against the Trust in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties. (vi) A registration statement under the Securities Act is currently effective and will remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all Shares of the Funds and Classes of the Trust being offered for sale, except to the extent that Atlantic is responsible for any of the foregoing under this Agreement and has failed to cause such filings to be made not as the result of the failure of a Dependency. (vii) The CCO shall be covered by the Trust's Directors & Officers/Errors & Omissions insurance policy (the "Policy"), and the Trust shall use reasonable efforts to ensure that the CCO's coverage under the Policy is (a) reinstated should the Policy be cancelled; (b) continued after the CCO ceases to serve as the Trust's CCO on substantially the same terms as such coverage is provided for Trust officers after such individuals are no longer officers of the Trust; or (c) continued in the event the Trust merges or terminates, on substantially the same terms as such coverage is provided for Trust officers (but for a period no less than six years). The Trust shall provide Atlantic with proof of current coverage, including a copy of the Policy, and shall notify Atlantic immediately should the Policy be cancelled or terminated. (viii) Each of the employees of Atlantic that serves or has served at any time as an officer of the Trust, including the CCO, President, Treasurer and the AML Compliance Officer, is covered by the Policy and subject to the provisions of the Trust's Organic Documents regarding indemnification of its officers.
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Samples: Services Agreement (Altmfx Trust), Services Agreement (Altx Trust), Services Agreement (Forum Funds Ii)
Representations, Warranties and Agrees of the Trust. The Trust represents, warrants and agrees to Atlantic that:
(i) It is a statutory trust duly organized and existing and in good standing under the laws of the State of Delaware.
(ii) It is empowered under Law applicable to the Trust and by its Organic Documents to enter into this Agreement and perform its duties under this Agreement.
(iii) All requisite statutory trust proceedings have been taken to authorize it to enter into this Agreement and perform its duties under this Agreement.
(iv) It is registered as an open-end management investment company under the 1940 Act.
(v) This Agreement, when executed and delivered, will constitute a legal, valid and binding obligation of the Trust, enforceable against the Trust in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties.
(vi) A registration statement under the Securities Act is currently effective and will remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all Shares of the Funds and Classes of the Trust being offered for sale, except to the extent that Atlantic is responsible for any of the foregoing under this Agreement and has failed to cause such filings to be made not as the result of the failure of a Dependency.
(vii) The CCO shall be covered by the Trust's ’s Directors & Officers/Errors & Omissions insurance policy (the "“Policy"”), and the Trust shall use reasonable efforts to ensure that the CCO's coverage under the Policy is (a) reinstated should the Policy be cancelled; (b) continued after the CCO ceases to serve as the Trust's ’s CCO on substantially the same terms as such coverage is provided for Trust officers after such individuals are no longer officers of the Trust; or (c) continued in the event the Trust merges or terminates, on substantially the same terms as such coverage is provided for Trust officers (but for a period no less than six years). The Trust shall provide Atlantic with proof of current coverage, including a copy of the Policy, and shall notify Atlantic immediately should the Policy be cancelled or terminated.
(viii) Each of the employees of Atlantic that serves or has served at any time as an officer of the Trust, including the CCO, President, Treasurer and the AML Compliance Officer, is covered by the Policy and subject to the provisions of the Trust's ’s Organic Documents regarding indemnification of its officers.
Appears in 2 contracts
Samples: Services Agreement (Forum Funds Ii), Services Agreement (Forum Funds Ii)
Representations, Warranties and Agrees of the Trust. The Trust represents, warrants and agrees to Atlantic that:
(i) It is a statutory trust duly organized and existing and in good standing under the laws of the State of Delaware.
(ii) It is empowered under Law applicable to the Trust and by its Organic Documents to enter into this Agreement and perform its duties under this Agreement.
(iii) All requisite statutory trust proceedings have been taken to authorize it to enter into this Agreement and perform its duties under this Agreement.
(iv) It is registered as an open-end management investment company under the 1940 Act.
(v) This Agreement, when executed and delivered, will constitute a legal, valid and binding obligation of the Trust, enforceable against the Trust in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties.
(vi) A registration statement under the Securities Act is currently effective and will remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all Shares of the Funds and Classes of the Trust being offered for sale, except to the extent that Atlantic is responsible for any of the foregoing under this Agreement and has failed to cause such filings to be made not as the result of the failure of a Dependency.
(vii) The CCO shall be covered by the Trust's ’s Directors & Officers/Errors & Omissions insurance policy (the "“Policy"”), and the Trust shall use reasonable efforts to ensure that the CCO's coverage under the Policy is (a) reinstated should the Policy be cancelled; (b) continued after the CCO ceases to serve as the Trust's ’s CCO on substantially the same terms as such coverage is provided for Trust officers after such individuals are no longer officers of the Trust; or (c) continued in the event the Trust merges or terminates, on substantially the same terms as such coverage is provided for Trust officers (but for a period no less than six years). The Trust shall provide Atlantic with proof of current coverage, including a copy of the Policy, and shall notify Atlantic immediately should the Policy be cancelled or terminated.
(viii) Each of the employees of Atlantic that serves or has served at any time as an officer of the Trust, including but not limited to the CCO, President, Treasurer President and the AML Compliance OfficerTreasurer, is covered by the Policy and subject to the provisions of the Trust's ’s Organic Documents regarding indemnification of its officers.
Appears in 1 contract
Representations, Warranties and Agrees of the Trust. The Trust represents, warrants and agrees to Atlantic that:
(i) It is a statutory business trust duly organized and existing and in good standing under the laws of the State Commonwealth of DelawareMassachusetts.
(ii) It is empowered under Law applicable to the Trust and by its Organic Documents to enter into this Agreement and perform its duties under this Agreement.
(iii) All requisite statutory trust proceedings have been taken to authorize it to enter into this Agreement and perform its duties under this Agreement.
(iv) It is registered as an open-end management investment company under the 1940 Act.
(v) This Agreement, when executed and delivered, will constitute a legal, valid and binding obligation of the Trust, enforceable against the Trust in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties.
(vi) A registration statement under the Securities Act is currently effective and will remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all Shares of the Funds and Classes of the Trust being offered for sale, except to the extent that Atlantic is responsible for any of the foregoing under this Agreement and has failed to cause such filings to be made not as the result of the failure of a Dependency.
(vii) The CCO Each of the employees of Atlantic that serves or has served at any time as an officer of the Trust shall be subject to the Trust's Organic Documents regarding indemnification of officers and shall be covered by the Trust's Directors & Officers/Errors & Omissions insurance policy (the "Policy"), and the Trust shall use reasonable efforts to ensure that the CCOany such officer's coverage under the Policy is (a) reinstated should the Policy be cancelled; (b) continued after the CCO officer ceases to serve as an officer of the Trust's CCO Trust on substantially the same terms as such coverage is provided for Trust officers after such individuals are no longer officers of the Trust; or (c) continued in the event the Trust merges or terminates, on substantially the same terms as such coverage is provided for Trust officers (but for a period no less than six years). The Trust shall provide Atlantic with proof of current coverage, including a copy of the Policy, and shall notify Atlantic immediately should the Policy be cancelled or terminated.
(viii) Each of the employees of Atlantic that serves or has served at any time as an officer of the Trust, including the CCO, President, Treasurer and the AML Compliance Officer, is covered by the Policy and subject to the provisions of the Trust's Organic Documents regarding indemnification of its officers.
Appears in 1 contract
Representations, Warranties and Agrees of the Trust. The Trust represents, warrants and agrees to Atlantic that:
(i) It is a statutory trust duly organized and existing and in good standing under the laws of the State of Delaware.
(ii) It is empowered under Law applicable to the Trust and by its Organic Documents to enter into this Agreement and perform its duties under this Agreement.
(iii) All requisite statutory trust proceedings have been taken to authorize it to enter into this Agreement and perform its duties under this Agreement.
(iv) It is registered as an open-end management investment company under the 1940 Act.
(v) This Agreement, when executed and delivered, will constitute a legal, valid and binding obligation of the Trust, enforceable against the Trust in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties.
(vi) A registration statement under the Securities Act is currently effective and will remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all Shares of the Funds and Classes of the Trust being offered for sale, except to the extent that Atlantic is responsible for any of the foregoing under this Agreement and has failed to cause such filings to be made not as the result of the failure of a Dependency.
(vii) The CCO shall be covered by the Trust's ’s Directors & Officers/Errors & Omissions insurance policy (the "“Policy"”), and the Trust shall use reasonable efforts to ensure that the CCO's coverage under the Policy is (a) reinstated should the Policy be cancelled; (b) continued after the CCO ceases to serve as the Trust's ’s CCO on substantially the same terms as such coverage is provided for Trust officers after such individuals are no longer officers of the Trust; or (c) continued in the event the Trust merges or terminates, on substantially the same terms as such coverage is provided for Trust officers (but for a period no less than six years). The Trust shall provide Atlantic with proof of current coverage, including a copy of the Policy, and shall notify Atlantic immediately should the Policy be cancelled or terminated.
(viii) Each of the employees of Atlantic that serves or has served at any time as an officer of the Trust, including the CCO, President, Treasurer President and the AML Compliance OfficerTreasurer, is covered by the Policy and subject to the provisions of the Trust's ’s Organic Documents regarding indemnification of its officers.
Appears in 1 contract
Representations, Warranties and Agrees of the Trust. The Trust represents, warrants and agrees to Atlantic that:
(i) It is a statutory trust duly organized and existing and in good standing under the laws of the State of Delaware.
(ii) It is empowered under Law applicable to the Trust and by its Organic Documents to enter into this Agreement and perform its duties under this Agreement.
(iii) All requisite statutory trust corporate proceedings have been taken to authorize it to enter into this Agreement and perform its duties under this Agreement.
(iv) It is registered as an open-end management investment company under the 1940 Act.
(v) This Agreement, when executed and delivered, will constitute a legal, valid and binding obligation of the Trust, enforceable against the Trust in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties.
(vi) A registration statement under the Securities Act is currently effective and will remain effective, and appropriate state State securities law filings have been made and will continue to be made, with respect to all Shares of the Funds and Classes of the Trust being offered for sale, except to the extent that Atlantic is responsible for any of the foregoing under this Agreement and has failed to cause such filings to be made not as the result of the failure of a Dependency.
(vii) The CCO shall be covered by the Trust's Directors & Officers/Errors & Omissions insurance policy (the "Policy"), and the Trust shall use reasonable efforts to ensure that the CCO's coverage under the Policy is (a) reinstated should the Policy be cancelled; (b) continued after the CCO ceases to serve as the Trust's CCO on substantially the same terms as such coverage is provided for Trust officers after such individuals persons are no longer officers of the Trust; or (c) continued in the event the Trust merges or terminates, on substantially the same terms as such coverage is provided for Trust officers (but for a period no less than six years). The Trust shall provide Atlantic with proof of current coverage, including a copy of the Policy, and shall notify Atlantic immediately should the Policy be cancelled or terminated.
(viii) Each of the employees of Atlantic that serves or has served at any time as an officer of the Trust, including the The CCO, President, Treasurer and the AML Compliance Officer, is covered by Officer are named officers in the Policy Trust's by-laws and subject to the provisions of the Trust's Organic Documents regarding indemnification of its officers.
Appears in 1 contract
Samples: Services Agreement (Forum Funds)