Common use of Representations, Warranties and Covenants of the Adviser Clause in Contracts

Representations, Warranties and Covenants of the Adviser. A. The Adviser hereby represents and warrants to the Distributor that: (i) this Agreement has been duly authorized by the Adviser and, when executed and delivered, will constitute a legal, valid and binding obligation of the Adviser, enforceable against it in accordance with its terms subject to bankruptcy, insolvency, reorganizations, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties; and (ii) the contractual advisory fees that the Adviser charges the Client do not contain any component for the purpose of paying for fund distribution.

Representations, Warranties and Covenants of the Adviser. A. The Adviser hereby represents and warrants to the Distributor that: (i) this This Agreement has been duly authorized by the Adviser and, when executed and delivered, will constitute a legal, valid and binding obligation of the Adviser, enforceable against it in accordance with its terms subject to bankruptcy, insolvency, reorganizations, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties; and (ii) the The contractual advisory fees that the Adviser charges the Client do not contain any component for the purpose of paying for fund distribution.