Representations and Warranties of Customer. The Customer represents and warrants to the Transfer Agent that:
Representations and Warranties of Customer. 6.1 Each Customer severally and not jointly represents and warrants to the Transfer Agent that:
Representations and Warranties of Customer. Customer represents and warrants to PSC that:
(a) It is a business trust duly organized and existing and in good standing under the laws of its governing jurisdiction.
(b) All requisite corporate proceedings have been taken to authorize it to enter into this Agreement.
(c) It is empowered under all applicable laws and by its Agreement and Declaration of Trust and By Laws to enter into and perform this Agreement.
(d) It is an open-end management investment company registered under the Investment Company Act of 1940, as amended.
(e) A registration statement under the Securities Act of 1933, as amended (the "Registration Statement"), has been filed with the Securities and Exchange Commission and is currently effective and will remain effective, and appropriate state securities law filings have been made, and will continue to be made, with respect to all shares of beneficial interest of the Customer to be offered for sale.
Representations and Warranties of Customer. Customer (and, if a person or entity is signing this Agreement on behalf of Customer, such person or entity) hereby represents and warrants as of the date hereof, which representations and warranties will be deemed repeated on each date on which this Agreement is in effect, that:
Representations and Warranties of Customer. Customer represents and warrants to PIMSS that:
(a) It is a business trust duly organized and existing and in good standing under the laws of its governing jurisdiction.
(b) All requisite corporate proceedings have been taken to authorize it to enter into this Agreement.
(c) It is empowered under all applicable laws and by its Agreement and Declaration of Trust and By Laws to enter into and perform this Agreement.
(d) It is either an open-end or closed-end management investment company, as applicable, registered under the Investment Company Act of 1940, as amended.
(e) A registration statement under the Securities Act of 1933, as amended (the "Registration Statement"), has been filed with the Securities and Exchange Commission and is currently effective and will remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all shares of beneficial interest of the Customer to be offered for sale.
Representations and Warranties of Customer. Customer represents and warrants to PIMSS and any of its agents (including Mellon, which is specifically entitled to rely upon such representations) that:
(a) the common shares issued and outstanding on the date hereof (other than the common shares issued to Pioneer Investment Management, Inc. in connection with the initial capitalization of the Customer) have been duly authorized, validly issued and are fully paid and are non-assessable; and any common shares to be issued hereunder, when issued, shall have been duly authorized, validly issued and fully paid and will be non-assessable;
(b) the common shares issued and outstanding on the date hereof have been duly registered under the Securities Act of 1933, as amended (the "Securities Act"), and such registration has become effective, or are exempt from such registration; and have been duly registered under the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or are exempt from such registration;
(c) any common shares to be issued hereunder, when issued shall have been duly registered under the Securities Act, and such registration shall have become effective or shall be exempt from such registration; and shall have been duly registered under the Exchange Act, or shall be exempt from such registration;
(d) the Customer has paid or caused to be paid all taxes, if any, that were payable upon or in respect of the original issuance of the common shares issued and outstanding on the date hereof;
(e) the execution and delivery of this Agreement, and the issuance and any subsequent transfer of the common shares hereunder, do not and will not conflict with, violate, or result in a breach of, the terms, conditions or provisions of, or constitute a default under, the Agreement and Declaration of Trust or the By-Laws of the Customer, any law or regulation, any order or decree of any court or public authority having jurisdiction, or any mortgage, indenture, contract, agreement or undertaking to which the Customer is a party or by which it is bound; and this Agreement is enforceable against the Customer in accordance with its terms, except as may be limited by bankruptcy, insolvency, moratorium, reorganization and other similar laws affecting the enforcement of creditors' rights generally; and
(f) the Customer agrees to provide to PIMSS and Mellon, on or before the Effective Date, the documentation and notifications listed in Exhibit C to the Sub-Transfer Agency Agreement.
Representations and Warranties of Customer. Customer represents and warrants to PSC that: -------- * Insert $25.25 for equity funds and $33.00 for fixed income funds and money market fund.
(a) It is a business trust duly organized and existing and in good standing under the laws of its governing jurisdiction.
(b) All requisite corporate proceedings have been taken to authorize it to enter into this Agreement.
(c) It is empowered under all applicable laws and by its Agreement and Declaration of Trust and By Laws to enter into and perform this Agreement.
(d) It is an open-end management investment company registered under the Investment Company Act of 1940, as amended.
(e) A registration statement under the Securities Act of 1933, as amended (the "Registration Statement"), has been filed with the Securities and Exchange Commission and is currently effective and will remain effective, and appropriate state securities law filings have been made and will continue to be made, with respect to all shares of beneficial interest of the Customer to be offered for sale.
Representations and Warranties of Customer. You hereby represent
Representations and Warranties of Customer. The Customer represents and warrants to Bank that:
(a) the Customer is a business trust duly organized and existing and in good standing under the laws of the State of Delaware;
(b) the Customer is an open-end investment company properly registered under the 1940 Act; and
(c) all records and regulatory filings of the Customer have been properly maintained or made in accordance with applicable laws.
Representations and Warranties of Customer. You hereby represent and warrant to us that: (i) you have been duly authorized under the Constitution and laws of the applicable jurisdiction and by a resolution or other authority of your governing body to execute and deliver this Agreement and to carry out your obligations hereunder; (ii) all legal requirements have been met, and procedures have been followed, including public bidding, in order to ensure the enforceability of this Agreement; (iii) this Agreement is in compliance with all laws applicable to you, including any debt limitations or limitations on interest rates or finance charges; (iv) the Equipment will be used by you only for essential governmental or proprietary functions of you consistent with the scope of your authority, will not be used in a trade or business of any person or entity, by the federal government or for any personal, family or household use, and your need for the Equipment is not expected to diminish during the term of this Agreement; (v) you have funds available to pay Payments until the end of your current appropriation period, and you intend to request funds to make Payments in each appropriation period, from now until the end of the term of this Agreement; and (vi) your exact legal name is as set forth on page one of this Agreement.
