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

Representations, Warranties and Covenants of the Funds. (a) The Funds agree with Destra that it shall promptly notify Destra (i) in the event that the SEC or any other regulatory authority has censured in writing the Funds’ activities, functions or operations, suspended or revoked any registration, license or approval, or has commenced proceedings that may result in any of these actions and which would materially affect the Funds, (ii) in the event that there is a change of control of the Funds or the Adviser or (iii) of any change to the Funds that materially and adversely affects the Funds’ ability to perform its obligations under this Agreement. (b) Each Fund represents and warrants to Destra that (i) it is a validly existing entity and has full trust power and authority to perform its obligations under this Agreement, (ii) this Agreement has been duly and validly authorized, executed and delivered on its behalf and constitutes its binding and enforceable obligation in accordance with its terms, and (iii) the execution and delivery of this Agreement, the incurrence of its obligations herein set forth and the consummation of the transactions contemplated herein will not constitute a breach of, or default under, its constituent documents, other instruments to which the Fund is a party or by which the Fund is bound or affected, or under any order, rule or regulation applicable to it of any court or any governmental body or administrative agency having jurisdiction over it.