Common use of Trust Governing Documents Clause in Contracts

Trust Governing Documents. The Trust shall have furnished Sierra Services with copies, properly certified or authenticated as Sierra Services may reasonably request, of the following documents and of all amendments or supplements thereto ("Governing Documents"): (1) The Agreement and Declaration of Trust, as amended and in effect as of the date of this Agreement (such Declaration of Trust, as they may be amended from time to time hereafter, the "Declaration of Trust"); (2) The Trust's Bylaws, as amended and in effect as of the date of this Agreement (such Bylaws, as they may be amended from time to time hereafter, the "Bylaws"); (3) Resolutions of the Trust's Board of Trustees authorizing the appointment of Sierra Services as a Distributor of the Shares and authorizing this Agreement as hereby amended and restated; (4) The Trust's Notification of Registration filed pursuant to Section 8(a) of the 1940 Act on Form N-8A under the 1940 Act, as filed with the Securities and Exchange Commission (the "SEC") on October 31, 1995; (5) The Trust's registration statement on Form N-2 under the 1933 Act, (File No. 33-27489) and under the 1940 Act as filed with the SEC on October 31, 1995 relating to the Shares of the Fund, and all amendments thereto; (6) The most recent Prospectus relating to the Shares; and (7) All documents, notices and reports filed with the SEC. The Trust authorizes Sierra Services and any Broker with whom Sierra Services has entered into Dealer Agreements to use, in connection with the sale of Shares, any Prospectus furnished by the Trust from time to time. Sierra Services shall not, and shall take reasonable steps to ensure that no Broker will, give any information nor make any representations, concerning any aspect of the Shares or the Trust to any persons or entity unless such information or representations are contained in the Registration Statement and/or the pertinent Prospectus, or are contained in sales or promotional literature approved by the Trust. Sierra Services shall not use, and shall take reasonable steps to ensure that no Broker will, use any sales promotion material or advertising that has not been previously approved by the Trust.