Common use of Representations and Warranties of the Adviser Clause in Contracts

Representations and Warranties of the Adviser. (a) Each Fund is an “eligible contract participant” as defined in Section 1a(18) of the U.S. Commodity Exchange Act (the “CEA”) and U.S. Commodity Futures Trading Commission (“CFTC”) Rule 1.3(m) thereunder and a “qualified eligible person” as defined in Rule 4.7 of the CFTC. The Adviser consents to each Fund being treated as an exempt account under Rule 4.7 of the CFTC;

Appears in 81 contracts

Samples: Investment Sub Advisory Agreement (Bitwise Funds Trust), Investment Sub Advisory Agreement (Listed Funds Trust), Etf Series Solutions (ETF Series Solutions)

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Representations and Warranties of the Adviser. (a) a. Each Fund is an “eligible contract participant” as defined in Section 1a(18) of the U.S. Commodity Exchange Act (the “CEA”) and U.S. Commodity Futures Trading Commission (“CFTC”) Rule 1.3(m) thereunder and a “qualified eligible person” as defined in Rule 4.7 of the CFTC. The Adviser consents to each Fund being treated as an exempt account under Rule 4.7 of the CFTC;

Appears in 6 contracts

Samples: Investment Sub Advisory Agreement (Managed Portfolio Series), Investment Sub Advisory Agreement (Valkyrie ETF Trust II), Etf Series Solutions (ETF Series Solutions)

Representations and Warranties of the Adviser. (a) Each Fund is an “eligible contract participant” as defined in Section 1a(18) of the U.S. Commodity Exchange Act (the “CEA”) the. CEA and U.S. Commodity Futures Trading Commission (“CFTC”) Rule 1.3(m) thereunder and a “qualified eligible person” as defined in Rule 4.7 of the CFTC. The Adviser consents to each Fund being treated as an exempt account under Rule 4.7 of the CFTC;

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (2nd Vote Funds)

Representations and Warranties of the Adviser. (ab) Each Fund is an “eligible contract participant” as defined in Section 1a(18) of the U.S. Commodity Exchange Act (the “CEA”) CEA and U.S. Commodity Futures Trading Commission (“CFTC”) Rule 1.3(m) thereunder and a “qualified eligible person” as defined in Rule 4.7 of the CFTC. The Adviser consents to each Fund being treated as an exempt account under Rule 4.7 of the CFTC;

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (Series Portfolios Trust)

Representations and Warranties of the Adviser. (a) Each Fund is an "eligible contract participant" as defined in Section 1a(18la(18) of the U.S. Commodity Exchange Act (the "CEA") and U.S. Commodity Futures Trading Commission ("CFTC") Rule 1.3(m) thereunder and a " qualified eligible person" as defined in Rule 4.7 of the CFTC. The Adviser consents to each Fund being treated as an exempt account under Rule 4.7 of the CFTC;

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (RBB Fund, Inc.)

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Representations and Warranties of the Adviser. (ab) Each Fund is an “eligible contract participant” as defined in Section 1a(18) of the U.S. Commodity Exchange Act (the “CEA”) and U.S. Commodity Futures Trading Commission (“CFTC”) Rule 1.3(m) thereunder and a “qualified eligible person” as defined in Rule 4.7 of the CFTC. The Adviser consents to each Fund being treated as an exempt account under Rule 4.7 of the CFTC;

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (ETF Series Solutions)

Representations and Warranties of the Adviser. (a) Each Fund is an "eligible contract participant" as defined in Section 1a(18) of the U.S. Commodity Exchange Act (the "CEA") and U.S. Commodity Futures Trading Commission ("CFTC") Rule 1.3(m) thereunder and a "qualified eligible person" as defined in Rule 4.7 of the CFTC. The Adviser consents to each Fund being treated as an exempt account under Rule 4.7 of the CFTC;

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (ETF Series Solutions)

Representations and Warranties of the Adviser. (a) Each Fund is an “eligible contract participant” as defined in Section 1a(18la(18) of the U.S. Commodity Exchange Act (the “CEA”) and U.S. Commodity Futures Trading Commission (“CFTC”) Rule 1.3(m) thereunder and a “qualified eligible person” as defined in Rule 4.7 of the CFTC. The Adviser consents to each Fund being treated as an exempt account under Rule 4.7 of the CFTC;

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (ETF Opportunities Trust)

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