Representations of Advisor. The Advisor represents and warrants that: (i) it is either registered as an investment Advisor under the Investment Advisers Act of 1940, as amended ("Advisers Act") (and will continue to be so registered for so long as this Agreement remains in effect); (ii) is not prohibited by the 1940 Act or the Advisers Act from performing the services contemplated by this Agreement; (iii) has met, and will seek to continue to meet for so long as this Agreement remains in effect, any other applicable federal or state requirements, or the applicable requirements of any self-regulatory agency, necessary to be met in order to perform the services contemplated by this Agreement; and (iv) will promptly notify the Trust of the occurrence of any event that would disqualify the Advisor from serving as an investment Advisor of an investment company pursuant to Section 9(a) of the 1940 Act or otherwise.
Representations of Advisor. (1) The Advisor is registered as an investment adviser under the Investment Advisers Act.
Representations of Advisor. Advisor hereby represents that it:
Representations of Advisor. The Advisor hereby represents and warrants to the Sub-advisor as follows:
Representations of Advisor. The Advisor represents and warrants to the Manager as follows:
Representations of Advisor. ADVISOR represents the following; a. It has full legal authority to perform the services as required by this Agreement. b. It agrees to indemnify and hold the COMPANY harmless from and against any and all losses and claims arising from any violations by ADVISOR of any federal or state securities laws. c. ADVISOR is an independent contractor as commonly understood by IRS guidelines (Federal TIN: 00-0000000).
Representations of Advisor. ADVISOR hereby represents that his current principal place of employment has received disclosure as to the ADVISOR's acting as a Scientific Advisor to COUGAR and of the duties required of the ADVISOR under this Agreement, and that such employer consents fully to ADVISOR's execution of this Agreement and position of Scientific Advisor for COUGAR. ADVISOR further represents that there are no binding agreements to which he is a party or by which he is bound, forbidding or restricting his activities herein. In addition, the ADVISOR consents to the use of his name in various reports, brochures or other documents produced by or on behalf of or COUGAR. The ADVISOR understands and acknowledges that he has certain fiduciary and other obligations and responsibilities to COUGAR and its shareholders by virtue of his appointment to the BOARD and hereby agrees to use his best efforts to satisfy such obligations and responsibilities.
Representations of Advisor. Advisor represents and warrants on its behalf and on behalf of the Funds:
Representations of Advisor. 1. Advisor represents and warrants that Advisor (including its Investment Advisor Representatives) does not receive any compensation or other remuneration that is contingent on any clients purchase or sale of a financial product.
Representations of Advisor i. Advisor represents that it is duly organized and in good standing under the laws of the State of Minnesota, it is registered as an investment adviser under the Investment Advisers Act of 1940 (the “Advisers Act”) and it maintains adequate procedures to monitor Advisor’s compliance with all applicable provisions of the Advisers Act. Advisor agrees that it shall promptly notify Principal of any change in its status as a registered investment adviser, or any other change in its business that might affect its ability to perform its duties and responsibilities under this Agreement.
