Common use of Trust’s Representations Clause in Contracts

Trust’s Representations. The Trust represents and warrants to the Advisor as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Securities and Exchange Commission under the Investment Company Act of 1940; and (iii) such registrations will be kept in effect during the term of this Agreement.

Appears in 12 contracts

Samples: Investment Advisory Agreement (Spinnaker ETF Series), Investment Advisory Agreement (Spinnaker ETF Series), Investment Advisory Agreement (Spinnaker ETF Series)

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Trust’s Representations. The Trust represents and warrants to the Advisor as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Securities and Exchange Commission under the Investment Company Act of 1940; (iii) shares of each Fund are (or will be) registered for offer and sale to the public under the Securities Act of 1933; and (iiiiv) such registrations will be kept in effect during the term of this Agreement.

Appears in 6 contracts

Samples: Investment Advisory Agreement (Starboard Investment Trust), Investment Advisory Agreement (Starboard Investment Trust), Investment Advisory Agreement (Starboard Investment Trust)

Trust’s Representations. The Trust represents and warrants to the Advisor as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Securities and Exchange Commission under the Investment Company Act of 1940; (iii) shares of the Fund are (or will be) registered for offer and sale to the public under the Securities Act of 1933; and (iiiiv) such registrations will be kept in effect during the term of this Agreement.

Appears in 5 contracts

Samples: Investment Advisory Agreement (Starboard Investment Trust), Investment Advisory Agreement (Starboard Investment Trust), Investment Advisory Agreement (Leeward Investment Trust)

Trust’s Representations. The Trust represents and warrants to the Advisor as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Securities and Exchange Commission under the Investment Company Act of 1940; and (iii) such registrations will be kept in effect during the term of this Agreement.

Appears in 1 contract

Samples: Investment Advisory Agreement (Spinnaker ETF Trust)

Trust’s Representations. The Trust represents and warrants to the Advisor Adviser as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Securities and Exchange Commission under the Investment Company Act of 1940Act; and (iii) such registrations will be kept in effect during the term of this Agreement.

Appears in 1 contract

Samples: Investment Advisory Agreement (Spinnaker ETF Series)

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Trust’s Representations. The He Trust represents and warrants to the Advisor as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Securities and Exchange Commission under the Investment Company Act of 1940; and (iii) such registrations will be kept in effect during the term of this Agreement.

Appears in 1 contract

Samples: Investment Advisory Agreement (Prophecy Alpha Fund I)

Trust’s Representations. The Trust represents and warrants to the Advisor Adviser as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Securities and Exchange Commission under the Investment Company Act of 1940; and (iiiiv) such registrations will be kept in effect during the term of this Agreement.

Appears in 1 contract

Samples: Investment Advisory Agreement (Leeward Investment Trust)

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