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

DUTIES AND REPRESENTATIONS OF THE TRUST. 3.1 The Trust represents that it is registered as an open-end management investment company under the 1940 Act and that it has and will continue to act in 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 of Trustees and has and will continue to comply with all applicable laws, rules and regulations including without limitation the 1933 Act, the 1934 Act, the 1940 Act, the laws of the states in which shares of the Funds are offered and sold, and the rules and regulations thereunder.

Appears in 22 contracts

Samples: Distribution Agreement (Stewart Capital Mutual Funds), Distribution Agreement (SteelPath MLP Funds Trust), Distribution Agreement (Commonwealth International Series Trust)

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DUTIES AND REPRESENTATIONS OF THE TRUST. 3.1 (a) The Trust represents that it is registered as an opena closed-end management investment company fund under the 1940 Act and that it has and will continue to act in conformity with its Declaration of Trust, By-Lawsits Bylaws, its registration statement as may be amended from time to time Registration Statement and resolutions and other instructions of its Board of Trustees and has and will continue to comply with all applicable laws, rules and regulations including without limitation the 1933 Act, the 1934 Act, the 1940 Act, the laws of the states in which shares of the Funds Shares are offered and sold, and the rules and regulations thereunder.

Appears in 15 contracts

Samples: Distribution Agreement (Pender Real Estate Credit Fund), Distribution Agreement (Monachil Credit Income Fund), Distribution Agreement (Felicitas Private Markets Fund)

DUTIES AND REPRESENTATIONS OF THE TRUST. 3.1 (a) The Trust represents that it is registered as an open-end management investment company under the 1940 Act and that it has and will continue to act in conformity with its Declaration of Trust, By-Lawsits Bylaws, its registration statement as may be amended from time to time Registration Statement and resolutions and other instructions of its Board of Trustees and has and will continue to comply with all applicable laws, rules and regulations including without limitation the 1933 Act, the 1934 Act, the 1940 Act, the laws of the states in which shares of the Funds Shares are offered and sold, and the rules and regulations thereunder.

Appears in 6 contracts

Samples: Form of Distribution Agreement (Investment Managers Series Trust), Distribution Agreement (BCM Focus Funds), Distribution Agreement (Bragg Capital Trust)

DUTIES AND REPRESENTATIONS OF THE TRUST. 3.1 (a) The Trust represents that it is registered as an open-end management investment company under the 1940 Act and agrees that it has and will continue to act in material conformity with its Declaration of Trust, By-Laws, its registration statement Registration Statement as may be amended from time to time and resolutions and other instructions of its Board of Trustees and has and will continue Board. The Trust agrees to comply in all material respects with all applicable laws, rules and regulations including without limitation the 1933 Act, the 1934 Act, the 1940 Act, the and all other applicable federal and state laws of the states in which shares of the Funds are offered and sold, and the rules and regulations thereunderregulations.

Appears in 6 contracts

Samples: Distribution Agreement (Cullen Funds Trust), Distribution Agreement (Brazos Insurance Funds), Distribution Agreement (Brazos Insurance Funds)

DUTIES AND REPRESENTATIONS OF THE TRUST. 3.1 The Trust represents that it is registered as an open-end management investment company under the 1940 Act and that it has and will continue to act in 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 of Trustees and has and will continue to comply with all applicable laws, rules and regulations including without limitation the 1933 Act, the 1934 Act, the 1940 Act, the laws of the states in which shares of the Funds are offered and sold, and the rules and regulations thereunder.

Appears in 4 contracts

Samples: Distribution Agreement (Green Century Funds), Distribution Agreement (Green Century Funds), Distribution Agreement (Green Century Funds)

DUTIES AND REPRESENTATIONS OF THE TRUST. 3.1 The Trust represents that it is registered as an open-end management investment company under the 1940 Act and that it has and will continue to act in 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 of Trustees Trustees, and has and will continue to comply with all applicable laws, rules and regulations including without limitation the 1933 Act, the 1934 Act, the 1940 Act, the laws of the states in which shares of the Funds are offered and sold, and the rules and regulations thereunder.

Appears in 3 contracts

Samples: Distribution Agreement (Adelante Funds), Distribution Agreement (Lend Lease Funds), Distribution Agreement (E Harmon Funds)

DUTIES AND REPRESENTATIONS OF THE TRUST. 3.1 The Trust represents that it is registered as an open-end management investment company under the 1940 Act and that it has and will continue to act in conformity with its Agreement and Declaration of Trust, By-Laws, its registration statement as may be amended from time to time time, and resolutions and other instructions of its Board of Trustees and has and will continue to comply with all applicable laws, rules and regulations including including, without limitation limitation, the 1933 Act, the 1934 Act, the 1940 Act, the laws of the states in which shares of the Funds Shares are offered and sold, and the rules and regulations thereunder.

Appears in 3 contracts

Samples: Distribution Agreement (Vericimetry Funds), Distribution Agreement (Vericimetry Funds), Form of Distribution Agreement (Vericimetry Funds)

DUTIES AND REPRESENTATIONS OF THE TRUST. 3.1 (a) The Trust represents that it is registered as an open-end management investment company under the 1940 Act and agrees that it has and will continue to act in material conformity with its Agreement and Declaration of Trust, By-Laws, its registration statement Registration Statement as may be amended from time to time and resolutions and other instructions of its Board of Trustees and has and will continue Board. The Trust agrees to comply in all material respects with all applicable laws, rules and regulations including without limitation the 1933 Act, the 1934 Act, the 1940 Act, the and all other applicable federal and state laws of the states in which shares of the Funds are offered and sold, and the rules and regulations thereunderregulations.

Appears in 2 contracts

Samples: Underwriting Agreement (Kit Cole Investment Trust), Underwriting Agreement (Kit Cole Investment Trust)

DUTIES AND REPRESENTATIONS OF THE TRUST. 3.1 The Trust represents that it is registered as an open-end management investment company under the 1940 Act and that it has and will continue to act in conformity with its Declaration of Trust, By-Laws, its registration statement statement, as may be amended from time to time time, and resolutions and other instructions of its Board of Trustees and has and will continue to comply with all applicable laws, rules and regulations including regulations, including, without limitation limitation, the 1933 Act, the 1934 Act, the 1940 Act, the laws of the states in which shares of the Funds are offered and sold, and the rules and regulations thereunder.

Appears in 1 contract

Samples: Distribution Agreement (Vantage Funds)

DUTIES AND REPRESENTATIONS OF THE TRUST. 3.1 A. The Trust represents that it is registered as an open-end management investment company under the 1940 Act and that it has and will continue to act in 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 of Trustees and has and will continue to comply with all applicable laws, rules and regulations including without limitation the 1933 Act, the 1934 Act, the 1940 Act, the laws of the states in which shares of the Funds are offered and sold, sold and the rules and regulations thereunder.

Appears in 1 contract

Samples: Distribution Agreement (Choice Funds)

DUTIES AND REPRESENTATIONS OF THE TRUST. 3.1 The Trust represents that it is registered as an open-end management investment company under the 1940 Act and that it has and will continue to act in 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 of Trustees and has and will continue to comply in all material respects with all applicable laws, rules and regulations including without limitation the 1933 Act, the 1934 Act, the 1940 Act, the laws of the states in which shares of the Funds are offered and sold, and the rules and regulations thereunder.

Appears in 1 contract

Samples: Distribution Agreement (Westport Funds)

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DUTIES AND REPRESENTATIONS OF THE TRUST. 3.1 (a) The Trust represents that it is registered as an open-end management investment company under the 1940 Act and that it has and will continue to act in conformity with its Declaration of Trust, its By-Laws, its registration statement as may be amended from time to time Registration Statement and resolutions and other instructions of its Board of Trustees and has and will continue to comply with all applicable laws, rules and regulations including without limitation the 1933 Act, the 1934 Act, the 1940 Act, the laws of the states in which shares of the Funds Shares are offered and sold, sold and the rules and regulations thereunder.

Appears in 1 contract

Samples: Distribution Agreement (E-Valuator Funds Trust)

DUTIES AND REPRESENTATIONS OF THE TRUST. 3.1 The Trust represents that it is registered as an open-end management investment company under the 1940 Act and that it has and will continue to act in conformity with its Declaration of Trust, By-By- Laws, its registration statement as may be amended from time to time and resolutions and other instructions of its Board of Trustees and has and will continue to comply with all applicable laws, rules and regulations including without limitation the 1933 Act, the 1934 Act, the 1940 Act, the laws of the states in which shares of the Funds are offered and sold, and the rules and regulations thereunder.

Appears in 1 contract

Samples: Distribution Agreement (Clearwater Investment Fund)

DUTIES AND REPRESENTATIONS OF THE TRUST. 3.1 (a) The Trust represents that it is registered as an open-end management investment company under the 1940 Act and that it has and will continue to act in conformity with its Declaration of Trust, its By-Laws, its registration statement as may be amended from time to time Registration Statement and resolutions and other instructions of its Board of Trustees and has and will continue to comply with all applicable laws, rules and regulations including without limitation the 1933 Act, the 1934 Act, the 1940 Act, the laws of the states in which shares of the Funds Shares are offered and sold, and the rules and regulations thereunder.

Appears in 1 contract

Samples: Distribution Agreement (Smead Funds Trust)

DUTIES AND REPRESENTATIONS OF THE TRUST. 3.1 (a) The Trust represents that it is registered as an openclosed-end management investment company under the 1940 Act and that that, to the best of its knowledge and belief, it has and will continue to act in conformity with its Declaration of Trust, By-Lawsits Bylaws, its registration statement as may be amended from time to time Registration Statement and resolutions and other instructions of its Board of Trustees and has and will continue to comply with all applicable laws, rules rules, regulations and regulations exemptive orders of the Commission, including without limitation the 1933 Act, the 1934 Act, the 1940 Act, the laws of the states in which shares of the Funds Shares are offered and sold, and the rules and regulations thereunder.

Appears in 1 contract

Samples: Distribution Agreement (Arca U.S. Treasury Fund)

DUTIES AND REPRESENTATIONS OF THE TRUST. 3.1 The Trust represents that it is registered as an open-end management investment company under the 1940 Act and that it has and will continue to act in conformity with its Declaration of Trust, By-Laws, its registration statement as it may be amended from time to time and resolutions and other instructions of its Board of Trustees and has and will continue to comply with all applicable laws, rules and regulations including without limitation the 1933 Act, the 1934 Act, the 1940 Act, the laws of the states in which shares of the Funds are offered and sold, and the rules and regulations thereunder.

Appears in 1 contract

Samples: Distribution Agreement (Scout Funds)

DUTIES AND REPRESENTATIONS OF THE TRUST. 3.1 The Trust represents that it is registered as an open-end management investment company under the 1940 Act and that it has and will continue to act in conformity with its Certificate of Trust, Agreement and Declaration of Trust, By-Laws, Laws and its registration statement statement, as each may be amended from time to time time, and resolutions and other instructions of its Board of Trustees and has and will continue to comply in all material respects with all applicable laws, rules and regulations including without limitation the 1933 Act, the 1934 Act, the 1940 Act, the laws of the states in which shares of the Funds are offered and sold, and the rules and regulations thereunder.

Appears in 1 contract

Samples: Exhibit 6 (Purisima Funds)

DUTIES AND REPRESENTATIONS OF THE TRUST. 3.1 The Trust represents that it is registered as an open-end management investment company under the 1940 Act and that it has and will continue to act in 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 of Trustees and has and will continue to comply with all applicable laws, rules and regulations including without limitation the 1933 Act, the 1934 Act, the 1940 Act, the laws of the states in which shares of the Funds are offered and sold, and the rules and regulations thereunderissued pursuant to each of the foregoing laws.

Appears in 1 contract

Samples: Distribution Agreement (Nakoma Mutual Funds)

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