Representations and Warranties of the Broker. The Broker represents and warrants to, and agrees with, the Company as set forth below in this Section 2.
Representations and Warranties of the Broker. The Broker represents and warrants to the Fund, the General Partner, the Trading Advisor and the Selling Agent, as follows:
Representations and Warranties of the Broker. The Broker hereby represents and warrants to the Trust that: a. On the date hereof the Broker is, and at all times during the term of this Brokerage Agreement will be, a duly formed and validly existing corporation in good standing under the laws of the state of its organization, and at all times during the term of this Brokerage Agreement will be in good standing and qualified to do business in each jurisdiction in which the nature or conduct of its business requires such qualifications and the failure to be so qualified materially adversely would affect its ability to perform its obligations under this Brokerage Agreement and to operate as described in the Prospectus, and has full capacity and authority to conduct its business and to perform its obligations under this Brokerage Agreement, and to act as described in the Registration Statements as of its effective date and the Prospectus as of the Closing Date. b. This Brokerage Agreement has been duly and validly authorized, executed and delivered on behalf of the Broker, is a valid and binding agreement of the Broker, and is enforceable in accordance with its terms. The performance of the Broker's obligations under this Brokerage Agreement, and the consummation of the transactions set forth in this Brokerage Agreement, and in the Registration Statements as of its effective date and Prospectus as of the Closing Date are not contrary to the provisions of the Broker's Certificate of Incorporation or By-Laws, or to the best of its knowledge, after due inquiry, any applicable law, rule or regulation of any federal, state or other governmental regulatory or self-regulatory agency or body and will not result in any violation, breach or default under any term or provision of any undertaking, contract, agreement or order, to which the Broker is a party or by which the Broker is bound. c. The Broker has obtained all required governmental and regulatory licenses, registrations and approvals required by law as may be necessary to perform their obligations under this Brokerage Agreement and to act as described in the Registration Statements as of its effective date and the Prospectus as of the Closing Date (including, without limitation, the Broker's registration as a futures commission merchant under the CE Act and membership as a futures commission merchant with the NFA) and will maintain and renew any required licenses, registrations, approvals and memberships required during the term of this Brokerage Agreement.
Representations and Warranties of the Broker. By its written acceptance of this Agreement, the Broker represents, warrants and agrees that:
