Your Representations. You represent and warrant to us that: (a) the Trust is and will remain duly constituted with all necessary authority, powers, consents, licences and authorisations and all necessary action has been taken to enable it to engage in the transactions provided for under this Agreement; (b) you are and will remain duly appointed as trustee of the Trust and have and will have unencumbered legal title to the assets of the Trust at all times; (c) you have all necessary authority, powers, consents, licences and authorisations and have taken all necessary action to enable you lawfully to enter into and perform your duties and obligations under this Agreement; (d) the persons entering into this Agreement on your behalf have been duly authorised to do so; and (e) this Agreement and the obligations created under it are binding upon you and enforceable against you in accordance with its terms (subject to applicable principles of equity) and do not and will not violate the terms of the Rules or any order, charge or agreement by which you are bound. You undertake to notify us in the event that any of the statements set out in the sub-clauses ceases to be true.
Appears in 6 contracts
Samples: Custodian Agreement (Ishares Gold Trust), Custodian Agreement (iShares Silver Trust), Custodian Agreement (iShares Silver Trust)
Your Representations. You represent and warrant to us that:
(a) the Trust is and will remain duly constituted with all necessary authority, powers, consents, licences and authorisations and all necessary action has been taken to enable it to engage in the transactions provided for under this Agreement;
(b) you are and will remain duly appointed as trustee of the Trust and have and will have unencumbered legal title to the assets of the Trust at all times;
(c) you have all necessary authority, powers, consents, licences and authorisations and have taken all necessary action to enable you lawfully to enter into and perform your duties and obligations under this Agreement;
(d) the persons entering into this Agreement on your behalf have been duly authorised to do so; and
(e) this Agreement and the obligations created under it are binding upon you and enforceable against you in accordance with its terms (subject to applicable principles of equity) and do not and will not violate the terms of the Rules or any order, charge or agreement by which you are bound. You undertake to notify us in the event that any of the statements set out in the sub-clauses ceases to be true.
Appears in 2 contracts
Samples: Custodian Agreement (iShares Gold Trust Micro), Custodian Agreement (iShares Gold Trust Micro)
Your Representations. You represent and warrant to us that:
(a) the Trust is and will remain duly constituted with all necessary authority, powers, consents, licences and authorisations and all necessary action has been taken to enable it to engage in the transactions provided for under this Agreement;
(b) you are and will remain duly appointed as trustee of the Trust and have and will have unencumbered legal title to the assets of the Trust at all times;
(c) you have all necessary authority, powers, consents, licences and authorisations and have taken all necessary action to enable you lawfully to enter into and perform your duties and obligations under this Agreement;; Table of Contents
(d) the persons entering into this Agreement on your behalf have been duly authorised to do so; and
(e) this Agreement and the obligations created under it are binding upon you and enforceable against you in accordance with its terms (subject to applicable principles of equity) and do not and will not violate the terms of the Rules or any order, charge or agreement by which you are bound. You undertake to notify us in the event that any of the statements set out in the sub-clauses ceases to be true.
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