STATUS OF FUND Sample Clauses

STATUS OF FUND. The Distributor hereby represents that each Series (i) of the First Trust Exchange-Traded Fund (ii) of the First Trust Exchange-Traded Fund II, and (iii) of the First Trust Exchange-Traded AlphaDEX (TM) Fund is a registered open ended investment company operating in accordance with the exemptive order granted under 812-13000 and I.C. Release No. 27068 dated September 20, 2005, as the same may be amended from time to time, and I.C. Release No. 27051 dated August 26, 2005 and any additional I.C. Releases related to such amendments. FIRST TRUST PORTFOLIOS, L.P. By Name:_______________________________________ Title:______________________________________ Address: 1001 Warrenville Road Xxxxx, Xxxxxxxx 00000 Telephone: (630) 241-8798 Facsimile: (630) 322-7437 ----------------------------- By Name:_______________________________________ Title:______________________________________ Address: _______________________________ _______________________________ Telephone:_____________________________________ Facsimile:_____________________________________ THE BANK OF NEW YORK, as Transfer Agent
Sample 1See All (5)
AutoNDA by SimpleDocs
STATUS OF FUND. The Distributor hereby represents that each Series (i) of the First Trust Exchange-Traded Fund (ii) of the First Trust Exchange-Traded Fund II, and (iii) of the First Trust Exchange-Traded AlphaDEX (TM) Fund is a registered open ended investment company operating in accordance with the exemptive order granted under 812-13000 and I.C. Release No. 27068 dated September 20, 2005, as the same may be amended from time to time, and I.C. Release No. 27051 dated August 26, 2005 and any additional I.C. Releases related to such amendments. FIRST TRUST PORTFOLIOS, L.P.
Sample 1Sample 2
STATUS OF FUND. The Distributor hereby represents that each Series of the Trust(s) are registered open ended investment companies operating in accordance with the exemptive order granted under 812-13000 and I.C. Release No. 27068 dated September 20, 2005, as the same may be amended from time to time, and I.C. Release No. 27051 dated August 26, 2005 and any additional I.C. Releases related to such amendments. FIRST TRUST PORTFOLIOS, L.P. By ------------------------------------- Name: ------------------------------- Title: ------------------------------- Address: 120 E. Liberty Drive, Xxxxx 000 Xxxxxxx, Xxxxxxxx 00000 Telephone: (630) 765-8798 Facsimile: (630) 517-7437 [PARTICIPANT] By ------------------------------------- Name: ------------------------------ Title: ------------------------------ Address: ------------------------------ ------------------------------ Telephone: ------------------------------ Facsimile: ------------------------------ THE BANK OF NEW YORK MELLON, as Transfer Agent By ------------------------------------- Name: ------------------------------- Title: ------------------------------- Address: 101 Barclay Street Xxx York, New York 10286 Telephone: (212) 815-5031 Facsimile: (212) 815-2889 Dated: ------------------------- SCHEDULE I SERIES OF FIRST TRUST EXCHANGE-TRADED FUND (ALL SERIES) SERIES OF FIRST TRUST EXCHANGE-TRADED FUND II (ALL SERIES) SERIES OF FIRST TRUST EXCHANGE-TRADED FUND IV First Trust North American Energy Infrastructure Index Fund First Trust Tactical High Yield ETF First Trust Senior Load Fund First Trust Enhanced Short Maturity ETF First Trust Strategic Income ETF First Trust Low Duration Opportunities ETF SERIES OF FIRST TRUST EXCHANGE-TRADED FUND VIII (ALL SERIES) SERIES OF FIRST TRUST EXCHANGE-TRADED ALPHADEX(R) FUND (ALL SERIES) Sch.I ATTACHMENT A
Sample 1
STATUS OF FUND. The Fund shall be the property of the Foundation, held in its corporate capacity, and shall not be deemed a trust fund held by it in a trustee capacity. It is intended that the Fund will be a component fund of the Foundation. The Foundation shall have the ultimate authority and control over all property in the Fund, and the earnings derived therefrom, in accordance with the Articles of Incorporation, By-Laws, and other governing instruments of the Foundation (as they may be amended from time to time), and the terms of this Agreement applied in a manner not inconsistent with said Articles, By-Laws, and other governing instruments.
Sample 1
STATUS OF FUND. The Distributor hereby represents that each Series of the First Trust Exchange-Traded AlphaDEX Fund II is a registered open ended investment company operating in accordance with the exemptive order granted under 812-13000 and I.C. Release No. 27068 dated September 20, 2005, as the same may be amended from time to time, and I.C. Release No. 27051 dated August 26, 2005 and any additional I.C. Releases related to such amendments. FIRST TRUST PORTFOLIOS, L.P. By ------------------------------------------------ Name:__________________________________________ Title:_________________________________________ Address: 120 E. Liberty Drive, Suite 400 Xxxxxxx, Xxxxxxxx 00000 Telephone: (630) 765-8798 Facsimile: (630) 517-7437 By ------------------------------------------------ Name:__________________________________________ Title:_________________________________________ Address: _______________________________ _______________________________ Telephone:________________________________________ Facsimile:________________________________________ ACCEPTED BY: BROWN BROTHERS HARRIMAN & CO., xx Transfer Agent By ------------------------------------------------ Name:__________________________________________ Title:_________________________________________ Address: 40 Water Street Xxxxxx, XX 00000 Telephone: (617) 772-2011 Facsimile: (201) 418-4105 Dated: ------------------------ SCHEDULE I SERIES OF FIRST TRUST EXCHANGE-TRADED ALPHADEX(R) FUND II
Sample 1
STATUS OF FUND. The Fund shall be the property of Encourage BC!, held in its corporate capacity, and shall not be deemed a trust fund held by it in a trustee capacity. It is intended that the Fund will be an asset of Encourage BC!. Encourage BC! shall have the ultimate authority and control over all property in the Fund, and the income derived therefrom, in accordance with the Articles of Incorporation, By-Laws, and other governing instruments of Encourage BC! (as they may be amended from time to time), and the terms of this Agreement applied in a manner not inconsistent with said Articles, By-Laws, and other governing instruments. Notwithstanding the provisions of this paragraph Foundation will make a grant to the Organization of the total proceeds in the Fund as provided in paragraph 7.
Sample 1

Related to STATUS OF FUND

  • Return of Funds Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment.

  • Allocation of Funds A. The Faculty Development Committee shall approve all applications for reassignment of duties that do not require additional funding and have been endorsed by the applicant’s Division. B. The Faculty Development Committee shall follow the guidelines established in consultation between the parties in deciding which applications for faculty development funding will be approved.

  • Limitation of Funds In no case shall the Government’s financial liability exceed the amount obligated under this Agreement.

  • Loss of Funding Performance by University under this Agreement may be dependent upon the appropriation and allotment of funds by the Texas State Legislature (Legislature) and/or allocation of funds by the Board of Regents of The University of Texas System (Board). If Legislature fails to appropriate or allot necessary funds, or Board fails to allocate necessary funds, then University will issue written notice to Contractor and University may terminate this Agreement without further duty or obligation. Contractor acknowledges that appropriation, allotment, and allocation of funds are beyond University’s control.

  • Termination of Fund At any time following the first anniversary of the Closing Date, the Surviving Corporation shall be entitled to require the Paying Agent to deliver to it any funds (including any interest received with respect thereto) that had been made available to the Paying Agent and which have not been disbursed to holders of Certificates, and thereafter such holders shall be entitled to look only to Parent and the Surviving Corporation (subject to abandoned property, escheat or other similar Laws) as general creditors thereof with respect to the payment of any Merger Consideration that may be payable upon surrender of any Certificates held by such holders, as determined pursuant to this Agreement, without any interest thereon. Any amounts remaining unclaimed by such holders at such time at which such amounts would otherwise escheat to or become property of any Governmental Authority shall become, to the extent permitted by applicable Law, the property of Parent, free and clear of all claims or interest of any Person previously entitled thereto.

  • Application of Funds After the exercise of remedies provided for in Section 8.02 (or after the Loans have automatically become immediately due and payable and the L/C Obligations have automatically been required to be Cash Collateralized as set forth in the proviso to Section 8.02), any amounts received on account of the Obligations, subject to the provisions of Sections 2.13 and 2.14, shall be applied by the Administrative Agent in the following order: First, to payment of that portion of the Obligations constituting fees, indemnities, expenses and other amounts (including fees, charges and disbursements of counsel to the Administrative Agent and amounts payable under Article III) payable to the Administrative Agent in its capacity as such; Second, to payment of that portion of the Obligations constituting fees, indemnities and other amounts (other than principal, interest and Letter of Credit Fees) payable to the Lenders and the L/C Issuer (including fees, charges and disbursements of counsel to the respective Lenders and the L/C Issuer and amounts payable under Article III), ratably among them in proportion to the amounts described in this clause Second payable to them; Third, to payment of that portion of the Obligations constituting accrued and unpaid Letter of Credit Fees and interest on the Loans and L/C Borrowings, ratably among the Lenders and the L/C Issuer in proportion to the respective amounts described in this clause Third held by them; Fourth, to (a) payment of that portion of the Obligations constituting unpaid principal of the Loans and L/C Borrowings and (b) Cash Collateralize that portion of L/C Obligations comprised of the aggregate undrawn amount of Letters of Credit, ratably among the Lenders and the L/C Issuer in proportion to the respective amounts described in this clause Fourth held by them; and Last, the balance, if any, after all of the Obligations have been paid in full, to the Borrower or as otherwise required by Law. Subject to Section 2.03(c) and Section 2.13, amounts used to Cash Collateralize the aggregate undrawn amount of Letters of Credit pursuant to clause Fourth above shall be applied to satisfy drawings under such Letters of Credit as they occur. If any amount remains on deposit as Cash Collateral after all Letters of Credit have either been fully drawn or expired, such remaining amount shall be applied to the other Obligations, if any, in the order set forth above.

  • Segregation of Funds Contractor shall comply with federal requirements relating to the required segregation of funds received for abortion services in accordance with the Affordable Care Act Section 1303 and 45 C.F.R. § 156.280.

  • Status of Agreement This agreement does not constitute a contract of -------------------- employment between the parties, nor shall any provision of this agreement restrict the right of the Bank's Shareholders to replace the Director or the right of the Director to terminate his service.

  • Payment of Funds No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

  • Investment of Funds NCPS will not commingle Escrow Funds received by it in escrow with funds of others and shall not invest such Escrow Funds. The Escrow Funds will be held in a non-interest bearing account.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!