Common use of Representation and Warranty of BBH&Co Clause in Contracts

Representation and Warranty of BBH&Co. as Custodian and TA. BBH&Co. hereby represents and warrants that this Agreement has been duly authorized, executed and delivered by BBH&Co. and does not and will not violate any Applicable Law or conflict with or constitute a default under BBH&Co.'s limited partnership agreement or any agreement, instrument, judgment, order or decree to which BBH&Co. is a party or by which it is bound. BBH&Co. further represents and warrants that it has established and maintains a commercially reasonable program designed to allow it to provide continued services to the Fund and Portfolios in the event of an emergency or disaster and that BBH&Co. tests those facilities and procedures annually to ensure their usability in an emergency or disaster.

Appears in 2 contracts

Samples: Custodian and Transfer Agent Agreement (Northern Lights ETF Trust), Custodian and Transfer Agent Agreement (Arrow Investments Trust)

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Representation and Warranty of BBH&Co. as Custodian and TA. BBH&Co. hereby represents and warrants that this Agreement has been duly authorized, executed and delivered by BBH&Co. and does not and will not violate any Applicable Law or conflict with or constitute a default under BBH&Co.'s limited partnership agreement or any agreement, instrument, judgment, order or decree to which BBH&Co. is a party or by which it is bound. BBH&Co. further represents and warrants that it has established and maintains a commercially reasonable program designed to allow it to provide continued services to the Fund and Portfolios in the event of an emergency or disaster and that BBH&Co. tests those facilities and procedures annually to ensure gauge their usability in an emergency or disaster.

Appears in 1 contract

Samples: Custodian and Transfer Agent Agreement (Cambria ETF Trust)

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Representation and Warranty of BBH&Co. as Custodian and TA. BBH&Co. hereby represents and warrants that this Agreement has been duly authorized, executed and delivered by BBH&Co. and does not and will not violate any Applicable Law or conflict with or constitute a default under BBH&Co.'s limited partnership agreement or any agreement, instrument, judgment, order or decree to which BBH&Co. is a party or by which it is bound. BBH&Co. further represents and warrants that it has established and maintains a commercially reasonable program designed to allow it to provide continued services to the Fund and Portfolios in the event of an emergency or disaster and that BBH&Co. tests those facilities and procedures annually to ensure gauge their usability in an emergency or disaster.

Appears in 1 contract

Samples: Custodian and Transfer Agent Agreement (LocalShares Investment Trust)

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