Common use of Fund Agent Clause in Contracts

Fund Agent. Fund Agent represents and warrants that: (i) it has full power and authority under applicable law, and has taken all action necessary, to enter into and perform this Agreement and the person executing this Agreement on its behalf is duly authorized and empowered to execute and deliver this Agreement; (ii) this Agreement constitutes a legal, valid and binding obligation, enforceable against it in accordance with its terms; (iii) no consent or authorization of, filing with, or other act by or in respect of any governmental authority is required in connection with the execution, delivery, performance, validity or enforceability of this Agreement; (iv) the execution, performance and delivery of this Agreement by Fund Agent will not result in it violating any applicable law or breaching or otherwise impairing any of its contractual obligations; and (v) the Funds are, and shall be, portfolios of an investment company registered under the Investment Company Act of 1940, as amended (the “1940 Act”), and Fund shares sold by the Funds are, and shall be, registered under the 1933 Act, in each case, except to the extent the Servicer is so notified in writing.