TITLE TO SECURITIES; RESTRICTED SHARES. The Participant represents and warrants on behalf of itself and any party for which it acts that Deposit Securities delivered by it to the custodian and/or any relevant sub-custodian in connection with a Purchase Order will not be “restricted securities,” as such term is used in Rule 144(a)(3)(i) of the 1933 Act, and, at the time of delivery, the Fund will acquire good and unencumbered title to such Deposit Securities, free and clear of all liens, restrictions, charges and encumbrances, and not be subject to any adverse claims.
Appears in 81 contracts
Samples: Administration Agreement (Capital Group New Geography Equity ETF), Administration Agreement (Capital Group Conservative Equity ETF), Administration Agreement (Capital Group International Core Equity ETF)
TITLE TO SECURITIES; RESTRICTED SHARES. The Participant represents and warrants on behalf of itself and any party for which it acts that (a) Deposit Securities delivered by it to the custodian and/or any relevant sub-custodian in connection with a Purchase Order will not be “restricted securities,” (as such term is used in Rule 144(a)(3)(i) of the 1933 Act, and, ) and (b) at the time of delivery, the Fund will acquire good and unencumbered title to such Deposit Securities, free and clear of all liens, restrictions, charges charges, and encumbrances, and not be subject to any adverse claims.
Appears in 2 contracts
Samples: Participant Agreement (Investment Managers Series Trust III), Authorized Participant Agreement (Fpa Funds Trust)
TITLE TO SECURITIES; RESTRICTED SHARES. The Participant represents and warrants on behalf of itself and any party for which it acts that Deposit Securities delivered by it to the custodian and/or any relevant sub-custodian in connection with a Purchase Order will not be “restricted securities,” as such term is used in Rule 144(a)(3)(i) of the 1933 Act, and, at the time of delivery, the Fund will acquire good and unencumbered title to such Deposit Securities, free and clear of all liens, restrictions, charges and encumbrances, and not be subject to any adverse claimsclaims or restrictions on the sale or transfer of such securities.
Appears in 2 contracts
Samples: Authorized Participant Agreement (Calamos ETF Trust), Authorized Participant Agreement (Calamos ETF Trust)
TITLE TO SECURITIES; RESTRICTED SHARES. The Participant represents and warrants on behalf of itself and any party for which it acts that Deposit Securities Instruments delivered by it to the custodian and/or any relevant sub-custodian in connection with a Purchase Order will not be “"restricted securities,” " as such term is used in Rule 144(a)(3)(i) of the 1933 Act, and, at the time of delivery, the Fund will acquire good and unencumbered title to such Deposit SecuritiesInstruments, free and clear of all liens, restrictions, charges and encumbrances, and not be subject to any adverse claims.
Appears in 1 contract
TITLE TO SECURITIES; RESTRICTED SHARES. The Participant represents and warrants on behalf of itself and any party for which it acts that Deposit Securities delivered by it to the custodian Custodian and/or any relevant sub-custodian in connection with a Purchase Order will not be “restricted securities,” as such term is used in Rule 144(a)(3)(i) of the 1933 Act, and, at the time of delivery, the Fund will acquire good and unencumbered title to such Deposit Securities, free and clear of all liens, restrictions, charges and encumbrances, and not be subject to any adverse claims.
Appears in 1 contract
Samples: Authorized Participant Agreement (Matthews International Funds)
TITLE TO SECURITIES; RESTRICTED SHARES. The Participant represents and warrants on behalf of itself and any party for which it acts Participant Client that Deposit Securities delivered by it to the custodian and/or any relevant sub-custodian in connection with a Purchase Order will not be “restricted securities,” as such term is used in Rule 144(a)(3)(i) of the 1933 Act, and, at the time of delivery, the Fund will acquire good and unencumbered title to such Deposit Securities, free and clear of all liens, restrictions, charges and encumbrances, and not be subject to any adverse claims.
Appears in 1 contract
Samples: Authorized Participant Agreement (DriveWealth ETF Trust)
TITLE TO SECURITIES; RESTRICTED SHARES. The Participant represents and warrants on behalf of itself and any party for which it acts that Deposit Securities delivered by it to the custodian and/or any relevant sub-custodian in connection with a Purchase Order will not be “restricted securities,” as such term is used in Rule 144(a)(3)(i) of the 1933 Act, and, and at the time of delivery, the Fund will acquire good and unencumbered title to such Deposit Securities, free and clear of all liens, restrictions, charges and encumbrances, and not be subject to any adverse claims.
Appears in 1 contract
Samples: Authorized Participant Agreement (Pointbreak ETF Trust)
TITLE TO SECURITIES; RESTRICTED SHARES. The Participant represents and warrants on behalf of itself and any party for which it acts that Deposit Securities delivered by it to the custodian and/or any relevant sub-custodian in connection with a Purchase Order will not be “"restricted securities,” " as such term is used in Rule 144(a)(3)(i) of the 1933 Act, and, at the time of delivery, the Fund will acquire good and unencumbered title to such Deposit Securities, free and clear of all liens, restrictions, charges and encumbrances, and not be subject to any adverse claims.
Appears in 1 contract
Samples: Authorized Participant Agreement (AB Active ETFs, Inc.)