Representations of Subadviser. Subadviser represents, warrants and agrees that: (i) Subadviser is a New York banking corporation established pursuant to the laws of the State of New York; (ii) Subadviser is duly registered as an "investment adviser" under the Advisers Act; or is a "bank" as defined in Section 202 (a) (2) of the Advisers Act or an "insurance company" as defined in Section 202 (a) (2) of the Advisers Act. (iii) the execution, delivery and performance of this Agreement are within Subadviser's powers, have been and remain duly authorized by all necessary corporate action and will not violate or constitute a default under any applicable law or regulation or of any decree, order, judgment, agreement or instrument binding on Subadviser; (iv) no consent (including, but not limited to, exchange control consents) of any applicable governmental authority or body is necessary, except for such consents as have been obtained and are in full force and effect, and all conditions of which have been duly complied with; and (v) this Agreement constitutes a legal, valid and binding obligation enforceable against Subadviser. 10.4
Appears in 9 contracts
Samples: Subadvisory Agreement (Fidelity Concord Street Trust), Subadvisory Agreement (Fidelity Concord Street Trust), Subadvisory Agreement (Fidelity Concord Street Trust)
Representations of Subadviser. Subadviser represents, warrants and agrees that: (i) Subadviser is a [New York banking corporation corporation] established pursuant to the laws of the State of New York; (ii) Subadviser is duly registered as an "investment adviser" under the Advisers Act; or is a "bank" as defined in Section 202 (a) (2) of the Advisers Act or an "insurance company" as defined in Section 202 (a) (2) of the Advisers Act. (iii) the execution, delivery and performance of this Agreement are within Subadviser's powers, have been and remain duly authorized by all necessary corporate action and will not violate or constitute a default under any applicable law or regulation or of any decree, order, judgment, agreement or instrument binding on Subadviser; (iv) no consent (including, but not limited to, exchange control consents) of any applicable governmental authority or body is necessary, except for such consents as have been obtained and are in full force and effect, and all conditions of which have been duly complied with; and (v) this Agreement constitutes a legal, valid and binding obligation enforceable against Subadviser. 10.4
Appears in 3 contracts
Samples: Fidelity Concord Street Trust, Fidelity Concord Street Trust, Fidelity Concord Street Trust
