Tax Status and Filings. Each of the FWSC Fund and the Small-Cap Fund (the “Funds”) represents and warrants that:
(a) At the Closing Date, all federal and other tax returns and reports of the Funds required by law to have been filed by such date shall have been filed, and all federal and other taxes due and payable shall have been paid, or provision shall have been made for the payment thereof. To the best of the Funds’ knowledge, no such return is currently under audit by the IRS or any state or local tax authority, and no assessment has been asserted with respect to such returns.
(b) For each fiscal year of its operation, the Funds have met, and will continue to meet through the Closing Date, the requirements of Subchapter M of the Code for qualification and treatment as a regulated investment company and has distributed in each such year all net investment company taxable income (computed without regard to any deduction for dividends paid) and net realized capital gains (after reduction for any capital loss carryforward). In furtherance thereof, and not in limitation, each of the Funds has less than 25% of its non cash assets in the stock or securities of any one issuer and has less than 50% of the total value of its assets invested in five or fewer issuers.
Tax Status and Filings. Each of the Moderate Fund and the Conservative Fund (the “Funds”) represents and warrants that:
(a) At the Closing Date, all federal and other tax returns and reports of the Funds required by law to have been filed by such date shall have been filed, and all federal and other taxes due and payable shall have been paid, or provision shall have been made for the payment thereof. To the best of the Funds knowledge, no such return is currently under audit by the IRS or any state or local tax authority, and no assessment has been asserted with respect to such returns.
(b) For each fiscal year of its operation, the Funds have met, and will continue to meet through the Closing Date, the requirements of Subchapter M of the Code for qualification and treatment as a regulated investment company and have distributed in each such year all net investment company taxable income (computed without regard to any deduction for dividends paid) and net realized capital gains (after reduction for any capital loss carryforward).
Tax Status and Filings. Each party represents and warrants that it has satisfied the requirements of Subchapter M of the Code for treatment as a regulated investment company and has elected to be treated as such; it has filed or furnished all federal, state, and other tax returns and reports required by law to have been filed or furnished, and it has paid or made provision for payment of, so far as due, all federal, state and other taxes, interest and penalties; that no such return is currently being audited; and that no assessment has been asserted with respect to any such returns or reports.
Tax Status and Filings. The Capital Company represents and warrants that it has satisfied the requirements of Subchapter M of the Code for treatment of each of the MidCap Fund, Small Cap Fund and International Fund as a regulated investment company and each has elected to be treated as such; it has filed or furnished all federal, state, and other tax returns and reports required by law to have been filed or furnished, and it has paid or made provision for payment of, so far as due, all federal, state and other taxes, interest and penalties with respect to each such series; that no such return of any such series is currently being audited; and that no assessment has been asserted with respect to any such returns or reports of any such series. The Global Company represents and warrants that it will use its best efforts to ensure that each of the New MidCap Fund, New Small Cap Fund and New International Fund will satisfy the requirements of Subchapter M of the Code for treatment as a regulated investment company and will elect to have each treated as such.
Tax Status and Filings. Each party represents and warrants that it has satisfied the requirements of Subchapter M of the Code for treatment as a regulated investment company and has elected (or, in the case of New Europe Fund, will elect) to be treated as such; it has filed or furnished all federal, state, and other tax returns and reports required by law to have been filed or furnished, and it has paid or made provision for payment of, so far as due, all federal, state and other taxes, interest and penalties; that no such return is currently being audited; and that no assessment has been asserted with respect to any such returns or reports.
Tax Status and Filings. UAM Trust represents and warrants that it has satisfied, and will satisfy through the Closing Date, the requirements of Subchapter M of the Code for treatment of PIC Twenty Fund as a regulated investment company and PIC Twenty Fund has elected to be treated as such; it has filed or furnished, or will file and furnish through the Closing Date, all federal, state, and other tax returns and reports required by law to have been filed or furnished, and it has paid or made provision for payment of, so far as due, all federal, state and other taxes, interest and penalties with respect to PIC Twenty Fund; no such return of PIC Twenty Fund is currently being audited; and no assessment has been asserted with respect to any such returns or reports. PIC Trust represents and warrants that it will take all steps necessary to ensure that New PIC Twenty Fund will satisfy the requirements of Subchapter M of the Code for treatment as a regulated investment company and will elect to have it treated as such.
Tax Status and Filings. Each Fund represents and warrants that it is treated as a corporation separate from the other series of the Trust under Section 851(g) of the Code; that it has satisfied the requirements of Subchapter M of the Code for treatment as a regulated investment company for each taxable year since its formation and has elected to be treated as such; that it has filed or furnished all federal, state, and other tax returns and reports required by law to have been filed or furnished, and it has paid or made provision for payment of, so far as due, all federal, state and other taxes, interest and penalties; that no such return is currently being audited; and that no assessment has been asserted with respect to any such returns or reports.
Tax Status and Filings. Producer represents that it is a non-profit social organization exempt from Income Tax under Section 501(c)(7) of the Internal Revenue Code. Producer is, under this Agreement, responsible for filing its own returns at its own expense as required by the IRS and for the payment of tax on Unrelated Business Income, if required.
Tax Status and Filings. Each of the Mid-Cap Fund and the Large-Cap Fund represents and warrants that:
(a) At the Closing Date, all federal and other tax returns and reports of the fund required by law to have been filed by such date shall have been filed, and all federal and other taxes due and payable shall have been paid, or provision shall have been made for the payment thereof. To the best of the fund’s knowledge, no such return is currently under audit by the IRS or any state or local tax authority, and no assessment has been asserted with respect to such returns.
(b) For each fiscal year of its operation, the fund has met, and will continue to meet through the Closing Date, the requirements of Subchapter M of the Code for qualification and treatment as a regulated investment company and has distributed in each such year all net investment company taxable income (computed without regard to any deduction for dividends paid) and net realized capital gains (after reduction for any capital loss carryforward).
Tax Status and Filings. Each of the Moderate Fund and the Conservative Fund (the "Funds") represents and warrants that: (a) At the Closing Date, all federal and other tax returns and reports of the Funds required by law to have been filed by such date shall have been filed, and all federal and other taxes due and payable shall have been paid, or provision shall have been made for the payment thereof. To the best of the Funds knowledge, no such return is currently under audit by the IRS or any state or local tax authority, and no assessment has been asserted with respect to such returns.
