Capacity to Act Clause Samples

Capacity to Act. The execution and delivery of this Agreement and the --------------- consummation of the transactions contemplated hereby will not result in any breach or default pursuant to the charter documents of Seller or any agreements relating to indebtedness existing on the execution date hereof.

Capacity to Act. (1) The Founder has sufficient civil rights and capacity to sign this Agreement and other Capital Increase Transaction Documents, fully fulfill all obligations under this Agreement and others Capital Increase Transaction Documents and complete transactions under this Agreement. (2) The Controlling Shareholder is a joint stock limited company duly incorporated and validly existing under China laws. The Controlling Shareholder has all the necessary powers, authorization and capabilities to sign this Agreement and other Capital Increase Transaction Documents, and perform its obligations under this Agreement and the various Capital Increase Transaction Documents proposed under this Agreement. (3) The Company is a limited liability company duly incorporated and validly existing under the PRC laws. The Company has all the necessary powers, authorization and capabilities to sign this Agreement and other Capital Increase Transaction Documents, and perform its obligations under this Agreement and the various Capital Increase Transaction Documents proposed under this Agreement. (4) This Agreement and other Capital Increase Transaction Documents shall constitute the legal, valid and binding obligations of the parties in accordance with their respective terms upon signing and delivery by them and shall be enforceable against the Founder, the Controlling Shareholder and the Company unless subject to the following restrictions: (a) applicable bankruptcy, insolvency, reorganization or other generally applicable laws concerning or affecting the exercise of rights of creditors; and (b) the applicable results of legal remedies. (5) The signing of this Agreement and other Capital Increase Transaction Documents and performance of obligations under this Agreement and other Capital Increase Transaction Documents by the Founder, the Controlling Shareholder and the Company will not: (i) result in the violation of any legal documents binding on them or the non-performance of obligations under such legal documents; (ii) result in the violation of any order, judgment or decree of any court or government authority binding on them; and (iii) be detrimental to the legitimate interests of any third party. except where the above circumstances will not affect the performance of obligations under this Agreement.

Capacity to Act. (a) Neither the Series Trust nor the Dealer shall have any authority to act as agent for each other except as specifically provided for in this Agreement. In receiving orders from and causing to be effected transactions for an RIA Customer in Shares pursuant to this Agreement, Dealer shall act as agent for the RIA and not the individual Customers. Except as specifically provided for herein, nothing shall cause the transactions contemplated by this Agreement to constitute a syndicate, association, joint venture, partnership, unincorporated business, or other separate entity or otherwise partners between the parties hereto, nor shall it cause the Dealer to become a partner, agent or employee of the Series Trust or the Funds. No party shall be under any liability to the other except for what is expressly assumed in this Agreement or pursuant to applicable law. Except as specifically provided for herein, no party may assume, create or incur any liability of any kind, express or implied, against, in the name of or on behalf of any other party with respect to the subject matter contained herein. Nothing contained herein shall be deemed to be a condition, stipulation or provision binding any persons acquiring Shares to waive compliance with any provision of the Securities Act of 1933 (the “1933 Act”) or to waive any SEC rules or regulations or to relieve the parties of any liability arising under the 1933 Act. Each party hereto acknowledges that this Agreement is not exclusive and that any party may enter into similar arrangements with other entities. (b) The parties hereto acknowledge, understand and agree that Dealer does not recommend the purchase, sale or redemption of Shares to RIA Customers and that RIAs are responsible for determining on a continuing basis any RIA Customer’s investment objectives and the suitability of such RIA Customers’ investment in Fund Shares. The parties hereto further acknowledge, understand and agree that Dealer relies on its agreements with RIAs in which the RIAs make certain that the RIA Customer has granted full right, power and authority to such RIA to effect transactions in securities on such RIA Customer’s behalf.

Capacity to Act. The execution and delivery of this Agreement and the consummation of the transactions contemplated herein will not result in any breach or default pursuant to the charter documents of UREX.

Capacity to Act. Neither the Series Trust nor Custodian or its affiliated designee(s), shall have any authority to act as agent for the other except as specifically provided for in this Agreement. In receiving orders and effecting transactions for a Financial Intermediary in Shares pursuant to this Agreement, Custodian and/or its affiliated designee(s) shall facilitate the transaction processing of Shares. Except as specifically provided for herein, nothing shall cause Custodian or its affiliated designee(s) to become a partner, agent or employee of either the Series Trust or of the Funds. No party shall be under any liability to the other except for what is expressly assumed in this Agreement or pursuant to applicable law. Nothing contained herein shall be deemed to be a condition, stipulation or provision binding any persons acquiring Shares to waive compliance with any provision of the Securities Act of 1933 (the “1933 Act”), any SEC rules or regulations, or relieve the parties of any liability arising under the 1933 Act. Each party hereto acknowledges that this Agreement is not exclusive and that any party may enter into similar arrangements with other entities.

Capacity to Act. The execution and delivery of this Agreement and the consummation of the transactions contemplated herein will not result in any breach or default pursuant to the charter documents of PRL.

Capacity to Act. Neither the Distributor nor the Clearing Broker shall have any authority to act as agent for each other except as specifically provided for in this Agreement. Neither the Fund nor the Clearing Broker shall have any authority to act as agent for each other except as specifically provided for in this Agreement. In receiving orders from and causing to be effected transactions for an IBD in Shares pursuant to this Agreement, Clearing Broker shall act as agent for the IBD and not the individual Customers. Except as specifically provided for herein, nothing shall cause the Clearing Broker to become a partner, agent or employee of the Distributor or the Funds. No party shall be under any liability to the other except for what is expressly assumed in this Agreement or pursuant to applicable law. Except as specifically provided for herein, no party may assume, create or incur any liability of any kind, express or implied, against, in the name of or on behalf of any other party with respect to the subject matter contained herein. Nothing contained herein shall be deemed to be a condition, stipulation or provision binding any persons acquiring Shares to waive compliance with any provision of the Securities Act of 1933 (the “1933 Act”) or to waive any SEC rules or regulations or to relieve the parties of any liability arising under the 1933 Act. Each party hereto acknowledges that this Agreement is not exclusive and that any party may enter into similar arrangements with other entities.