Common use of Dealer Representations Clause in Contracts

Dealer Representations. The Dealer represents and warrants to the Trust and each Fund that: (a) it is a corporation duly organized and validly existing and in good standing under the laws of the State of Texas; (b) it has full power and authority under applicable law to carry on its business, and is registered or licensed as required, in each jurisdiction where it conducts its business; (i) it is duly registered as a broker-dealer under section 15 of the Securities Exchange Act of 1934, (ii) it is duly registered as an investment adviser under section 203 of the Investment Advisers Act of 1940, and (iii) is a member in good standing of the NASD, and is in compliance with the conditions and qualifications set forth in the Conduct Rules of the NASD; (d) it will not purchase Shares of a Fund for its own account or otherwise act as principal in connection with the purchase or the redemption of Shares of a Fund; (e) it maintains and knows of no reason why it cannot or will not, during the term hereof, maintain adequate offices, personnel, procedures, computers and other equipment necessary to perform the services contemplated by this Agreement; and (f) its entering into and performing this Agreement are duly authorized by any necessary corporate actions and will not violate any provision of

Dealer Representations. The Dealer represents and warrants to the Trust and each Fund that: (a) it is a corporation duly organized and validly existing and in good standing under the laws of the State of TexasDelaware; (b) it has full power and authority under applicable law to carry on its business, and is registered or licensed as required, in each jurisdiction where it conducts its business; (i) it is duly registered as a broker-dealer under section 15 of the Securities Exchange Act of 1934, (ii) it is duly registered as an investment adviser under section 203 of the Investment Advisers Act of 1940, and (iii) is a member in good standing of the NASD, and is in compliance with the conditions and qualifications set forth in the Conduct Rules of the NASD; (d) it will not purchase Shares of a Fund for its own account or otherwise act as principal in connection with the purchase or the redemption of Shares of a Fund; (e) it maintains and knows of no reason why it cannot or will not, during the term hereof, maintain adequate offices, personnel, procedures, computers and other equipment necessary to perform the services contemplated by this Agreement; and (f) its entering into and performing this Agreement are duly authorized by any necessary corporate actions and will not violate any provision of