Common use of DUTIES AND REPRESENTATIONS OF THE TRUST Clause in Contracts

DUTIES AND REPRESENTATIONS OF THE TRUST. (a) The Trust represents that it is duly organized and in good standing under the law of its jurisdiction of incorporation and registered as an open-end management investment company under the 1940 Act. The Trust agrees that it will act in material conformity with its Declaration of Trust, By-Laws, its Registration Statement as may be amended from time to time and resolutions and other instructions of its Board. The Trust agrees to comply in all material respects with the 1933 Act, the 1940 Act, and all other applicable federal and state laws and regulations. The Trust represents and warrants that this Agreement has been duly authorized by all necessary action by the Trust under the 1940 Act, state law and the Trust's Declaration of Trust and By-Laws.

Appears in 13 contracts

Samples: Distribution Agreement (Ips Funds), Distribution Agreement (1 800 Mutuals Advisor Series), Distribution Agreement (Investec Funds)

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DUTIES AND REPRESENTATIONS OF THE TRUST. (a) A. The Trust represents that it is duly organized and in good standing under the law of its jurisdiction of incorporation organization and registered as an open-end management investment company under the 1940 Act. The Trust agrees that it will act in material conformity with its Declaration of Trust, By-Laws, its Registration Statement as may be amended from time to time and resolutions and other instructions of its Board. The Trust agrees to comply in all material respects with the 1933 Act, the 1940 Act, and all other applicable federal and state laws and regulations. The Trust represents and warrants that this Agreement has been duly authorized by all necessary action by the Trust under the 1940 Act, state law and the Trust's Declaration of Trust and By-Laws.

Appears in 12 contracts

Samples: Distribution Agreement (Optimum Q Funds), Distribution Agreement (Allied Asset Advisors Funds), Distribution Agreement (Gintel Fund)

DUTIES AND REPRESENTATIONS OF THE TRUST. (a) A. The Trust represents that it is duly organized and in good standing under the law of its jurisdiction of incorporation organization and registered as an open-end management investment company under the 1940 Act. The Trust agrees that it will act in material conformity with its Declaration of Trust, By-Laws, its Registration Statement as may be amended from time to time and resolutions and other instructions of its Board. The Trust agrees to comply in all material respects with the 1933 Act, the 1940 Act, and all other applicable federal and state laws and regulations. The Trust represents and warrants that this Agreement has been duly authorized by all necessary action by the Trust under the 1940 Act, state law and the Trust's ’s Declaration of Trust and By-Laws.

Appears in 10 contracts

Samples: Distribution Agreement (Aip Alternative Strategies Funds), Distribution Agreement (Everest Funds), Distribution Agreement (Everest Funds)

DUTIES AND REPRESENTATIONS OF THE TRUST. (a) A. The Trust represents that it is duly organized and in good standing under the law of its jurisdiction of incorporation organization and is registered as an open-end management investment company under the 1940 Act. The Trust agrees that it will act in material conformity with its Declaration of Trust, its By-Laws, its Registration Statement Statement, as may be amended from time to time time, and the resolutions and other instructions of its Board. The Trust agrees to comply in all material respects with the 1933 Act, the 1940 Act, Act and all other applicable federal and state laws and regulations. The Trust represents and warrants that this Agreement has been duly authorized by all necessary action by the Trust under the 1940 Act, state law and the Trust's ’s Declaration of Trust and By-Laws.

Appears in 9 contracts

Samples: Distribution Agreement (Artio Global Investment Funds), Distribution Agreement (Skyhawk Capital Management Funds Trust), Distribution Agreement (Artio Global Investment Funds)

DUTIES AND REPRESENTATIONS OF THE TRUST. (a) A. The Trust represents that it is duly organized and in good standing under the law of its jurisdiction of incorporation organization and is registered as an open-end management investment company under the 1940 Act. The Trust agrees that it will act in material conformity with its Declaration of Trust, its By-Laws, its Registration Statement Statement, as may be amended from time to time time, and the resolutions and other instructions of its Board. The Trust agrees to comply in all material respects with the 1933 Act, the 1940 Act, Act and all other applicable federal and state laws and regulations. The Trust represents and warrants that this Agreement has been duly authorized by all necessary action by the Trust under the 1940 Act, state law and the Trust's Declaration of Trust and By-Laws.

Appears in 7 contracts

Samples: Distribution Agreement (Kensington Funds), Distribution Agreement (Alpine Income Trust), Distribution Agreement (PRIMECAP Odyssey Funds)

DUTIES AND REPRESENTATIONS OF THE TRUST. (a) A. The Trust represents that it is duly organized and in good standing under the law of its jurisdiction of incorporation and registered as an open-end management investment company under the 1940 Act. The Trust agrees that it will act in material conformity with its Declaration of Trust, By-Laws, its Registration Statement as may be amended from time to time and resolutions and other instructions of its Board. The Trust agrees to comply in all material respects with the 1933 Act, the 1940 Act, and all other applicable federal and state laws and regulations. The Trust represents and warrants that this Agreement has been duly authorized by all necessary action by the Trust under the 1940 Act, state law and the Trust's Declaration of Trust and By-Laws.

Appears in 3 contracts

Samples: Distribution Agreement (Mw Capital Management Funds), Distribution Agreement (Country Mutual Funds Trust), Distribution Agreement (Zodiac Trust)

DUTIES AND REPRESENTATIONS OF THE TRUST. (a) The Trust represents that it is duly organized and in good standing under the law of its jurisdiction of incorporation and registered as an open-end management investment company under the 1940 Act. The Trust agrees that it will act in material conformity with its Declaration of Trust, By-Laws, its Registration Statement as may be amended from time to time and resolutions and other instructions of its Board. The Trust agrees to comply in all material respects with the 1933 Act, the 1940 Act, and all other applicable federal and state laws and regulations. The Trust represents and warrants that this Agreement has been duly authorized by all necessary action by the Trust under the 1940 Act, state law and the Trust's ’s Declaration of Trust and By-Laws.

Appears in 3 contracts

Samples: NSCC Services Agreement (Mairs & Power Funds Trust), Sub Distribution Agreement (Genworth Financial Asset Management Funds), Distribution Agreement (Advisors Series Trust)

DUTIES AND REPRESENTATIONS OF THE TRUST. (a) The Trust represents that it is duly organized and in good standing under the law of its jurisdiction of incorporation and registered as an open-end management investment company under the 1940 Act. The Trust agrees that it will act in material conformity with its Declaration of Trust, By-LawsBylaws, its Registration Statement Statement, as may be amended from time to time time, and resolutions and other instructions of its Board. The Trust agrees to comply in all material respects with the 1933 Act, the 1940 Act, Act and all other applicable federal and state laws and regulations. The Trust represents and warrants that this Agreement has been duly authorized by all necessary action by the Trust under the 1940 Act, state law and the Trust's Declaration of Trust and By-LawsBylaws.

Appears in 2 contracts

Samples: Distribution Agreement (Jefferson Fund Group Trust), Amended Distribution Agreement (Inland Mutual Fund Trust)

DUTIES AND REPRESENTATIONS OF THE TRUST. (a) The Trust represents that it is duly organized and in good standing under the law of its jurisdiction of incorporation organization and registered as an open-end management investment company under the 1940 Act. The Trust agrees that it will act in material conformity with its Agreement and Declaration of Trust, By-Laws, its Registration Statement as may be amended from time to time and resolutions and other instructions of its Board. The Trust agrees to comply in all material respects with the 1933 Act, the 1940 Act, and all other applicable federal and state laws and regulations. The Trust represents and warrants that this Agreement has been duly authorized by all necessary action by the Trust under the 1940 Act, state law and the Trust's Agreement and Declaration of Trust and By-Laws.

Appears in 2 contracts

Samples: Sub Distribution Agreement (Assetmark Funds), Sub Distribution Agreement (Assetmark Funds)

DUTIES AND REPRESENTATIONS OF THE TRUST. (a) The Trust represents that it is duly organized and in good standing under the law of its jurisdiction of incorporation organization and registered as an open-end management investment company under the 1940 Act. The Trust agrees that it will act in material conformity with its Agreement and Declaration of Trust, By-Laws, its Registration Statement as may be amended from time to time and resolutions and other instructions of its Board. The Trust agrees to comply in all material respects with the 1933 Act, the 1940 Act, and all other applicable federal and state laws and regulations. The Trust represents and warrants that this Agreement has been duly authorized by all necessary action by the Trust under the 1940 Act, state law and the Trust's ’s Agreement and Declaration of Trust and By-Laws.

Appears in 2 contracts

Samples: Sub Distribution Agreement (Ivy Funds), Sub Distribution Agreement (Rochdale Investment Trust)

DUTIES AND REPRESENTATIONS OF THE TRUST. (a) A. The Trust represents that it is duly organized and in good standing under the law of its jurisdiction the State of incorporation Delaware and is registered as an open-end management investment company under the 1940 Act. The Trust agrees that it will act in material conformity with its Declaration of Trust, its By-Laws, its Registration Statement Statement, as may be amended from time to time time, and the resolutions and other instructions of its Board. The Trust agrees to comply in all material respects with the 1933 Act, the 1940 Act, Act and all other applicable federal and state laws and regulations. The Trust represents and warrants that this Agreement has been duly authorized by all necessary action by the Trust under the 1940 Act, state law and the Trust's ’s Declaration of Trust and By-Laws.

Appears in 2 contracts

Samples: Distribution Agreement (MDT Funds), Distribution Agreement (Hotchkis & Wiley Funds /De/)

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DUTIES AND REPRESENTATIONS OF THE TRUST. (a) The Trust represents that it is duly organized and in good standing under the law of its jurisdiction of incorporation organization and registered as an open-end management investment company under the 1940 Act. The Trust agrees that it will act in material conformity with its Agreement and Declaration of Trust, By-Laws, its Registration Statement as may be amended from time to time and resolutions and other instructions of its Board. The Trust agrees to comply in all material respects with the 1933 Act, the 1940 Act, Act and all other applicable federal and state laws and regulations. The Trust represents and warrants that this Agreement has been duly authorized by all necessary action by the Trust under the 1940 Act, state law and the Trust's Agreement and Declaration of Trust and By-Laws.

Appears in 1 contract

Samples: Sub Distribution Agreement (Genworth Variable Insurance Trust)

DUTIES AND REPRESENTATIONS OF THE TRUST. (a) The Trust represents that it is duly organized and in good standing under the law of its jurisdiction of incorporation organization and registered as an open-end management investment company under the 1940 Act. The Trust agrees that it will act in material conformity with its Agreement and Declaration of Trust, By-Laws, its Registration Statement as may be amended from time to time and resolutions and other instructions of its Board. The Trust agrees to comply in all material respects with the 1933 Act, the 1940 Act, Act and all other applicable federal and state laws and regulations. The Trust represents and warrants that this Agreement has been duly authorized by all necessary action by the Trust under the 1940 Act, state law and the Trust's ’s Agreement and Declaration of Trust and By-Laws.

Appears in 1 contract

Samples: Sub Distribution Agreement (Assetmark Funds)

DUTIES AND REPRESENTATIONS OF THE TRUST. (a) A. The Trust represents that it is duly organized and in good standing under the law of its jurisdiction of incorporation organization and is registered as an open-end management investment company under the 1940 Act. The Trust agrees that it will act in material conformity with its Declaration Articles of TrustIncorporation, By-its By- Laws, its Registration Statement Statement, as may be amended from time to time time, and the resolutions and other instructions of its Board. The Trust agrees to comply in all material respects with the 1933 Act, the 1940 Act, Act and all other applicable federal and state laws and regulations. The Trust represents and warrants that this Agreement has been duly authorized by all necessary action by the Trust under the 1940 Act, state law and the Trust's Declaration Articles of Trust Incorporation and By-Laws.

Appears in 1 contract

Samples: Distribution Agreement (Summit Mutual Funds Inc)

DUTIES AND REPRESENTATIONS OF THE TRUST. (a) The Trust represents that it is duly organized and in good standing under the law of its jurisdiction of incorporation and registered as an open-end management investment company Trust under the 1940 Act. The Trust agrees that it will act in material conformity with its Declaration Articles of TrustIncorporation, By-Laws, its Registration Statement as may be amended from time to time and resolutions and other instructions of its Board. The Trust agrees to comply in all material respects with the 1933 Act, the 1940 Act, and all other applicable federal and state laws and regulations. The Trust represents and warrants that this Agreement has been duly authorized by all necessary action by the Trust under the 1940 Act, state law and the Trust's Declaration Articles of Trust Incorporation and By-Laws.

Appears in 1 contract

Samples: Distribution Agreement (Everest Series Funds Trust)

DUTIES AND REPRESENTATIONS OF THE TRUST. (a) The Trust represents that it is duly organized and in good standing under the law of its jurisdiction of incorporation and registered as an open-end management investment company under the 1940 Act. The Trust agrees that it will act in material conformity with its Declaration of Trust, By-Laws, its Registration Statement as may be amended from time to time and resolutions and other instructions of its Board. The Trust agrees to comply in all material respects with the 1933 Act, the 1940 Act, and all other applicable federal and state laws and regulations. The Trust represents and warrants that this Agreement has been duly authorized by all necessary action by the Trust under the 1940 Act, state law and the Trust's Declaration of Trust and By-LawsTrust.

Appears in 1 contract

Samples: Distribution Agreement (Ccma Select Investment Trust)

DUTIES AND REPRESENTATIONS OF THE TRUST. (a) The Trust represents that it is duly organized and in good standing under the law of its jurisdiction of incorporation and registered as an open-end management investment company Trust under the 1940 Act. The Trust agrees that it will act in material conformity with its Declaration of Trust, By-Laws, its Registration Statement as may be amended from time to time and resolutions and other instructions of its Board. The Trust agrees to comply in all material respects with the 1933 Act, the 1940 Act, and all other applicable federal and state laws and regulations. The Trust represents and warrants that this Agreement has been duly authorized by all necessary action by the Trust under the 1940 Act, state law and the Trust's Declaration of Trust and By-Laws.

Appears in 1 contract

Samples: Distribution Agreement (Everest Funds)

DUTIES AND REPRESENTATIONS OF THE TRUST. (a) The Trust represents represent that it is duly organized and in good standing under the law of its jurisdiction of incorporation organization and registered as an open-end management investment company under the 1940 Act. The Trust agrees that it will act in material conformity with its Declaration of Trust, By-Laws, its Registration Statement as may be amended from time to time and resolutions and other instructions of its Board. The Trust agrees to comply in all material respects with the 1933 Act, the 1940 Act, and all other applicable federal and state laws and regulations. The Trust represents and warrants that this Agreement has been duly authorized by all necessary action by the Trust under the 1940 Act, state law and the Trust's ’s Declaration of Trust and By-Laws.

Appears in 1 contract

Samples: Blue Sky Registration Agreement (Mairs & Power Funds Trust)

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