Trust’s Representations Clause Samples

Trust’s Representations. The Trust represents that the Board has determined that it is reasonable to rely on Delegate to perform the responsibilities described in this Agreement. The Trust further represents that the persons executing this Agreement and any amendment or appendix hereto on its behalf are duly authorized to so bind each Fund with respect to the subject matter of this Agreement.

Trust’s Representations. The Trust represents on its own behalf, and for the Fund, and warrants to ACS that the entering into and the performing of this Agreement by the Trust are duly authorized and will not violate any provision of applicable law, regulation or order of any court, governmental or regulatory body, or any agreement or instrument by which the Trust and the Fund are bound.

Trust’s Representations. The Trust hereby represents and warrants to BGI, which representations and warranties shall be deemed to be continuing and to be reaffirmed on any day that a Securities loan hereunder is outstanding, that: (a) This Agreement and the Securities Lending Guidelines have been approved by the Board of Trustees of the Trust; this Agreement is, and, if properly entered into under the terms of this Agreement and the Securities Lending Guidelines, each Securities loan and Approved Investment will be, legally and validly entered into by the Trust on behalf of each Fund, does not, and will not, violate any statute, regulation, rule, order or judgment binding on the Fund, or any provision of the Trust's charter or by-laws, or any agreement binding on the Trust or affecting its property, and is enforceable against the Trust and each Fund in accordance with its terms, except as may be limited by bankruptcy, insolvency or similar laws, or by equitable principles relating to or limiting creditors' rights generally; (b) The person executing this Agreement and all Authorized Persons acting on behalf of the Trust or any Fund has and have been duly and properly authorized to do so; (c) Each Fund is lending Securities as principal for its own account and it will not transfer, assign or encumber its interest in, or rights with respect to, any Securities loans; (d) All Securities available for lending pursuant to Section 2.2 of this Agreement are free and clear of all liens, claims, security interests and encumbrances that would preclude their being lent as contemplated by this Agreement. The Trust shall promptly notify BGI in the manner agreed between the parties from time to time when any Securities are no longer subject to the representations contained in this sub-paragraph (d).

Trust’s Representations. The Trust represents on its own behalf, and for each Fund, and warrants to the Service Provider and the Dealer that: (a) the Trust is registered with the SEC as an open-end management investment company under the 1940 Act; (b) and the Shares of each of the Funds identified in Schedule A attached hereto are registered under the Securities Act of 1933 ("1933 Act"); (c) the Trust shall amend the Registration Statement for the Shares on Form N-1A under the 1933 Act and the 1940 Act from time to time in order to effect the continuous offering of the Shares; (d) the Trust shall register or qualify the Shares for sale in accordance with the laws of various states only if and to the extent deemed advisable by the Trust, the Service Provider, or the Dealer; and (e) the entering into and the performing of this Agreement by the Trust are duly authorized and will not violate any provision of applicable law, regulation or order of any court, governmental or regulatory body, or any agreement or instrument by which the Trust and the Funds are bound.