Common use of REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE SELLING CORPORATION Clause in Contracts

REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE SELLING CORPORATION. With respect to each Reorganization, the Selling Corporation represents and warrants to the Buying Fund as follows: a. Organization, Existence, etc. For Xxxxxxxx Core Fixed Income Fund, Inc., Xxxxxxxx Income and Growth Fund, Inc., Xxxxxxxx Emerging Markets Fund, Xxxxxxxx Global Growth Fund and Xxxxxxxx International Growth Fund, the Selling Corporation is a corporation duly organized, validly existing and in good standing under the laws of the state of Maryland and has the power to carry on its business as it is now being conducted. For Xxxxxxxx High-Yield Fund and Xxxxxxxx U.S. Government Securities Fund, the Selling Corporation is a business trust duly organized, validly existing and in good standing under the laws of the commonwealth of Massachusetts and has the power to carry on its business as it is now being conducted.