STATUS OF FUND Sample Clauses

STATUS OF FUND. The Distributor hereby represents that each Series of the: (i) First Trust Exchange-Traded Fund III; (ii) First Trust Exchange-Traded Fund VI; (iii) and First Trust Exchange-Traded AlphaDEX Fund II, is a registered open ended investment company operating in accordance with the exemptive order granted under 812-13000 and I.C. Release No. 27068 dated September 20, 2005, as the same may be amended from time to time, and I.C. Release No. 27051 dated August 26, 2005 and any additional I.C. Releases related to such amendments. FIRST TRUST PORTFOLIOS, L.P. By __________________________________________ Name:_____________________________________ Title:____________________________________ Address: 120 E. Liberty Drive, Suite 400 Xxxxxxx, Xxxxxxxx 00000 Telephone: (630) 765-8798 Facsimile: (630) 517-7437 ______________________________________ By __________________________________________ Name:_____________________________________ Title:____________________________________ Address: _______________________________
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STATUS OF FUND. The Distributor hereby represents that each Series (i) of the First Trust Exchange-Traded Fund (ii) of the First Trust Exchange-Traded Fund II, and (iii) of the First Trust Exchange-Traded AlphaDEX (TM) Fund is a registered open ended investment company operating in accordance with the exemptive order granted under 812-13000 and I.C. Release No. 27068 dated September 20, 2005, as the same may be amended from time to time, and I.C. Release No. 27051 dated August 26, 2005 and any additional I.C. Releases related to such amendments. FIRST TRUST PORTFOLIOS, L.P.
STATUS OF FUND. The Fund shall be the property of the Foundation, held in its corporate capacity, and shall not be deemed a trust fund held by it in a trustee capacity. It is intended that the Fund will be a component fund of the Foundation. The Foundation shall have the ultimate authority and control over all property in the Fund, and the earnings derived therefrom, in accordance with the Articles of Incorporation, By-Laws, and other governing instruments of the Foundation (as they may be amended from time to time), and the terms of this Agreement applied in a manner not inconsistent with said Articles, By-Laws, and other governing instruments.
STATUS OF FUND. The Distributor hereby represents that each Series of the Trust(s) are registered open ended investment companies operating in accordance with the exemptive order granted under 812-13000 and I.C. Release No. 27068 dated September 20, 2005, as the same may be amended from time to time, and I.C. Release No. 27051 dated August 26, 2005 and any additional I.C. Releases related to such amendments. FIRST TRUST PORTFOLIOS, L.P. By ------------------------------------- Name: ------------------------------- Title: ------------------------------- Address: 120 E. Liberty Drive, Xxxxx 000 Xxxxxxx, Xxxxxxxx 00000 Telephone: (630) 765-8798 Facsimile: (630) 517-7437 [PARTICIPANT] By ------------------------------------- Name: ------------------------------ Title: ------------------------------ Address: ------------------------------ ------------------------------ Telephone: ------------------------------ Facsimile: ------------------------------ THE BANK OF NEW YORK MELLON, as Transfer Agent By ------------------------------------- Name: ------------------------------- Title: ------------------------------- Address: 101 Barclay Street Xxx York, New York 10286 Telephone: (212) 815-5031 Facsimile: (212) 815-2889 Dated: ------------------------- SCHEDULE I SERIES OF FIRST TRUST EXCHANGE-TRADED FUND (ALL SERIES) SERIES OF FIRST TRUST EXCHANGE-TRADED FUND II (ALL SERIES) SERIES OF FIRST TRUST EXCHANGE-TRADED FUND IV First Trust North American Energy Infrastructure Index Fund First Trust Tactical High Yield ETF First Trust Senior Load Fund First Trust Enhanced Short Maturity ETF First Trust Strategic Income ETF First Trust Low Duration Opportunities ETF SERIES OF FIRST TRUST EXCHANGE-TRADED FUND VIII (ALL SERIES) SERIES OF FIRST TRUST EXCHANGE-TRADED ALPHADEX(R) FUND (ALL SERIES) Sch.I ATTACHMENT A
STATUS OF FUND. The Fund shall be the property of Encourage BC!, held in its corporate capacity, and shall not be deemed a trust fund held by it in a trustee capacity. It is intended that the Fund will be an asset of Encourage BC!. Encourage BC! shall have the ultimate authority and control over all property in the Fund, and the income derived therefrom, in accordance with the Articles of Incorporation, By-Laws, and other governing instruments of Encourage BC! (as they may be amended from time to time), and the terms of this Agreement applied in a manner not inconsistent with said Articles, By-Laws, and other governing instruments. Notwithstanding the provisions of this paragraph Foundation will make a grant to the Organization of the total proceeds in the Fund as provided in paragraph 7.
STATUS OF FUND. The Distributor hereby represents that each Series of the First Trust Exchange-Traded AlphaDEX Fund II is a registered open ended investment company operating in accordance with the exemptive order granted under 812-13000 and I.C. Release No. 27068 dated September 20, 2005, as the same may be amended from time to time, and I.C. Release No. 27051 dated August 26, 2005 and any additional I.C. Releases related to such amendments. FIRST TRUST PORTFOLIOS, L.P. By ------------------------------------------------ Name:__________________________________________ Title:_________________________________________ Address: 120 E. Liberty Drive, Suite 400 Xxxxxxx, Xxxxxxxx 00000 Telephone: (630) 765-8798 Facsimile: (630) 517-7437 By ------------------------------------------------ Name:__________________________________________ Title:_________________________________________ Address: _______________________________ _______________________________ Telephone:________________________________________ Facsimile:________________________________________ ACCEPTED BY: BROWN BROTHERS HARRIMAN & CO., xx Transfer Agent By ------------------------------------------------ Name:__________________________________________ Title:_________________________________________ Address: 40 Water Street Xxxxxx, XX 00000 Telephone: (617) 772-2011 Facsimile: (201) 418-4105 Dated: ------------------------ SCHEDULE I SERIES OF FIRST TRUST EXCHANGE-TRADED ALPHADEX(R) FUND II

Related to STATUS OF FUND

  • Return of Funds Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment.

  • Termination of Fund At any time following the first anniversary of the Closing Date, the Surviving Corporation shall be entitled to require the Paying Agent to deliver to it any funds (including any interest received with respect thereto) that had been made available to the Paying Agent and which have not been disbursed to holders of Certificates, and thereafter such holders shall be entitled to look only to Parent and the Surviving Corporation (subject to abandoned property, escheat or other similar Laws) as general creditors thereof with respect to the payment of any Merger Consideration that may be payable upon surrender of any Certificates held by such holders, as determined pursuant to this Agreement, without any interest thereon. Any amounts remaining unclaimed by such holders at such time at which such amounts would otherwise escheat to or become property of any Governmental Authority shall become, to the extent permitted by applicable Law, the property of Parent, free and clear of all claims or interest of any Person previously entitled thereto.

  • Application of Funds After the exercise of remedies provided for in Section 8.02 (or after the Loans have automatically become immediately due and payable and the L/C Obligations have automatically been required to be Cash Collateralized as set forth in the proviso to Section 8.02), any amounts received on account of the Obligations shall be applied by the Administrative Agent in the following order: First, to payment of that portion of the Obligations constituting fees, indemnities, expenses and other amounts (including fees, charges and disbursements of counsel to the Administrative Agent and amounts payable under Article III) payable to the Administrative Agent in its capacity as such; Second, to payment of that portion of the Obligations constituting fees, indemnities and other amounts (other than principal, interest and Letter of Credit Fees) payable to the Lenders and the L/C Issuer (including fees, charges and disbursements of counsel to the respective Lenders and the L/C Issuer and amounts payable under Article III), ratably among them in proportion to the respective amounts described in this clause Second payable to them; Third, to payment of that portion of the Obligations constituting accrued and unpaid Letter of Credit Fees and interest on the Loans, L/C Borrowings and other Obligations, ratably among the Lenders and the L/C Issuer in proportion to the respective amounts described in this clause Third payable to them;

  • Segregation of Funds Contractor shall comply with federal requirements relating to the required segregation of funds received for abortion services in accordance with the Affordable Care Act Section 1303 and 45 C.F.R. § 156.280.

  • Status of Agreement A. This Agreement shall supersede any rules, regulations, policies, resolutions, or practices of the District which shall be contrary to or inconsistent with its terms.

  • Payment of Funds No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

  • Investment of Funds NCPS will not commingle Escrow Funds received by it in escrow with funds of others and shall not invest such Escrow Funds. The Escrow Funds will be held in a non-interest bearing account.

  • Provision of Funds (a) GMAC agrees to contribute and deposit in the Certificate Account on behalf of Residential Funding (or otherwise provide to Residential Funding, or to cause to be made available to Residential Funding), either directly or through a subsidiary, in any case prior to the related Distribution Date, such moneys as may be required by Residential Funding to perform its Subordinate Certificate Loss Obligation when and as the same arises from time to time upon the demand of the Trustee in accordance with Section 12.01 of the Servicing Agreement.

  • Collection of Funds Except as permitted under this Indenture, the Indenture Trustee may demand payment or delivery of, and will receive and collect, directly the funds and other property payable to or to be received by the Indenture Trustee under this Indenture and the Sale and Servicing Agreement. The Indenture Trustee will apply the funds and other property received by it, and will make deposits to, and distributions from, the Bank Accounts, under this Indenture and the Sale and Servicing Agreement.

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