Common use of Representations by the Trustee Clause in Contracts

Representations by the Trustee. The Trustee represents and warrants that (a) it is authorized under the Declaration of Trust to execute and deliver this Agreement (b) there are no restrictions or limitations on the Subaccount's investments imposed by applicable law other than (i) those set forth in the Declaration of Trust, the Fund Declaration, this Agreement, and any additional investment objectives and policies that have been established by the Trustee for the Subaccount as set forth in the Registration Statement on Form S-1 filed with the Securities and Exchange Commission relating to the Fund, as the same may be amended from time to time (ii) those provided in ERISA and (iii) any other investment restriction or limitation imposed by law or regulation which in the Trustee's judgment is applicable to the Subaccount and which is communicated by the Trustee to the Advisor; (c) disclosure to Plan participants contained in the Registration Statement describing the Subaccount is accurate and prepared in accordance with the requirements of Form S-1 under the Securities Act of 1933, as amended, except that the Trustee makes no representation or warranty with respect to any disclosure relating to the Advisor or its services with respect to the Subaccount which the Advisor has prepared, approved in writing or has not disapproved within five (5) business days following confirmed transmission by facsimile, acceptable electronic transmission or overnight mail to a person designated by the Advisor to review such disclosure; and (d) it is an "intermediate customer" within the meaning of regulations promulgated by the Financial Services Authority.

Representations by the Trustee. The Trustee represents and warrants that (a) it is the Trustee has by appropriate action duly authorized under the Declaration appointment of Trust the Advisor and the execution and implementation of this Agreement, which has been executed on behalf of the Trustee by a person (or persons) authorized to execute and do so and, at the request of the Advisor, shall deliver this Agreement such evidence of such authority as the Advisor shall reasonably request; (b) the Trustee received a copy of Part II of the Advisor’s Form ADV at least 48 hours prior to the execution of this Agreement; (c) there are no restrictions or limitations on the Subaccount's ’s investments imposed by applicable law Applicable Law other than (i) those set forth in the Declaration of Trust, the Fund Declaration, this Agreement, and any additional investment objectives and policies that have been established by the Trustee for prospectus of the Subaccount as set forth in the Registration Statement on Form S-1 filed with the Securities and Exchange Commission relating to the FundABA Members Collective Trust, as in effect from time to time, as any of the same may be amended from time to time and communicated in writing promptly to the Advisor, (ii) those provided in ERISA and (iii) any other investment restriction or limitation imposed by law or regulation which in the Trustee's ’s judgment is applicable to the Subaccount and which is communicated by the Trustee to the Advisor; and (cd) disclosure to Plan participants contained in the Registration Statement describing the Subaccount is accurate and prepared in accordance with the requirements of Form S-1 under the Securities Act of 1933, as amended, except that the Trustee makes no representation or warranty with respect to any disclosure relating to the Advisor or its services with respect to the Subaccount which the Advisor has prepared, approved in writing or has not disapproved within five (5) business days following confirmed transmission by facsimile, acceptable electronic transmission or overnight mail to a person designated by the Advisor to review such disclosure; and (d) it is an "intermediate customer" within the meaning of regulations promulgated by the Financial Services Authority.

Representations by the Trustee. The Trustee represents and warrants that (a) it is the Trustee has by appropriate action duly authorized under the Declaration appointment of Trust the Advisor and the execution and implementation of this Agreement, which has been executed on behalf of the Trustee by a person (or persons) authorized to execute and do so and, at the request of the Advisor, shall deliver this Agreement such evidence of such authority as the Advisor shall reasonably request; (b) the Trustee received a copy of Part II of the Advisor’s Form ADV at least 48 hours prior to the execution of this Agreement; (c) there are no restrictions or limitations on the Subaccount's ’s investments imposed by applicable law other than (i) those set forth in the Declaration of Trust, the Fund Declaration, this Agreement, and any additional investment objectives and policies that have been established by the Trustee for the Subaccount as set forth in the Registration Statement on Form S-1 filed with the Securities and Exchange Commission relating to the FundAppendix C, as any of the same may be amended from time to time and communicated to the Advisor promptly in writing, (ii) those provided in ERISA and (iii) any other investment restriction or limitation imposed by law or regulation which in the Trustee's ’s judgment is applicable to the Subaccount and which is communicated by the Trustee to the Advisor; and (cb) disclosure to Plan participants contained in the Registration Statement describing the Subaccount is accurate and prepared in accordance with the requirements of Form S-1 under the Securities Act of 1933, as amended, except that the Trustee makes no representation or warranty with respect to any disclosure relating to the Advisor or its services with respect to the Subaccount which the Advisor has prepared, approved in writing or has not disapproved within five (5) business days following confirmed transmission by facsimile, acceptable electronic transmission or overnight mail to a person designated by the Advisor to review such disclosure; and (d) it is an "intermediate customer" within the meaning of regulations promulgated by the Financial Services Authority.