Representations and Warranties of the Investment Adviser. The Investment Adviser represents to each Underwriter as follows:
Representations and Warranties of the Investment Adviser. The Investment Adviser represents and warrants to and agrees with each of the Underwriters that:
Representations and Warranties of the Investment Adviser. The Investment Adviser represents to the Sales Manager as of the date of this Sales Agreement and as of each Settlement Date, as follows:
Representations and Warranties of the Investment Adviser. The Investment Adviser represents and warrants to and agrees with Virtu as of the date hereof and as of each Representation Date (as defined below) on which a certificate is required to be delivered pursuant to Section 9(m), as of each Applicable Time and as of each Settlement Date (as defined below) as follows:
Representations and Warranties of the Investment Adviser. The Investment Adviser represents and warrants to each Underwriter as of the date of this Underwriting Agreement, as of the Applicable Time, as of the Firm Shares Closing Time and as of each Additional Shares Closing Time, if any, as follows:
Representations and Warranties of the Investment Adviser. The Investment Adviser represents and warrants to you as follows:
Representations and Warranties of the Investment Adviser. The Investment Adviser hereby represents and warrants to Services on the Effective Date as follows, which representations and warranties in that case of Sections 7(a)-(g), 7(i) and 7(m)-(p) shall be deemed repeated at and as of all times during the term of this Agreement:
Representations and Warranties of the Investment Adviser. 9.1 The Investment Adviser represents and warrants that:
Representations and Warranties of the Investment Adviser. The Investment Adviser represents to the Distributor as of the date of this Distribution Agreement and as of the Expiration Date, as follows:
Representations and Warranties of the Investment Adviser. The Investment Adviser represents and warrants to the Subadviser that: (i) it is registered as an investment adviser under the Advisers Act and is registered or licensed as an investment adviser under the laws of all jurisdictions in which its activities require it to be so registered or licensed, (ii) it is duly organized and validly existing, and is authorized to enter into this Agreement and to perform its obligations hereunder; (iii) neither the execution or delivery of this Agreement by the Investment Adviser nor its performance of its obligations hereunder shall conflict with, violate, breach or constitute a default under any term or provision of its constituent or governing documents or any indenture, mortgage, deed of trust, instrument, agreement or other document to which the Investment Adviser is a party or by which it is bound or to which any of its assets are subject or any applicable statute, law, rule, regulation, order or other legal requirement applicable to the Investment Adviser or any of its assets; (iv) the most recent Registration Statement or amendment, with respect to the disclosure about the Investment Adviser or information relating, directly or indirectly, to the Investment Adviser, contains, as of the date hereof, no untrue statement of any material fact and does not omit any statement of a material fact, which was required to be stated therein or necessary to make the statements contained therein, in light of the circumstances under which they were made, not misleading; (v) prior to the execution of this Agreement, it has received a copy of the Subadviser’s and Sub-Subadviser’s current Form ADV Part 2 and (vi) it has claimed an exemption from registration under the Commodity Exchange Act pursuant to Rule 4.5 of the CFTC for each Fund.
