Common use of REPRESENTATIONS OF THE ACQUIRED FUND Clause in Contracts

REPRESENTATIONS OF THE ACQUIRED FUND. In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations in Section 12(d)(1)(A) or knowing sale of shares by an Acquired Fund, Distributor, or Broker to an Acquiring Fund in excess of the limitations in Section 12(d)(1)(B), the Acquired Fund agrees to: (i) comply with all conditions of the Rule, as interpreted or modified by the SEC or its staff from time to time, applicable to Acquired Fund; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquiring Fund if such Acquired Fund fails to comply with the Rule with respect to an investment by the Acquiring Fund, as interpreted or modified by the SEC or its staff from time to time, or this Agreement.

Appears in 3 contracts

Samples: Funds Investment Agreement (Eq Advisors Trust), Fund of Funds Investment Agreement (1290 Funds), Funds Investment Agreement (Eq Advisors Trust)

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REPRESENTATIONS OF THE ACQUIRED FUND. In connection with any investment by an Acquiring Fund in an the Acquired Fund in excess of the limitations in Section 12(d)(1)(A) or knowing sale of shares by an Acquired Fund, Distributor, or Broker to an Acquiring Fund in excess of the limitations in Section 12(d)(1)(B), the Acquired Fund agrees to: (i) comply with all conditions of the Rule, as interpreted or modified by the SEC or its staff (the “Staff”) from time to time, applicable to the Acquired Fund, including the limitations on investments required by Rule 12d1-4(b)(3)(ii); (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquiring Fund if such the Acquired Fund fails to comply with the Rule with respect to an investment by the Acquiring Fund, as interpreted or modified by the SEC or its staff the Staff from time to time, or this Agreement.

Appears in 2 contracts

Samples: Investment Agreement (Ab Cap Fund, Inc.), Fund of Funds Investment Agreement (Eq Advisors Trust)

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REPRESENTATIONS OF THE ACQUIRED FUND. In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations in Section 12(d)(1)(A) or knowing sale of shares by an Acquired Fund, Distributor, or Broker to an Acquiring Fund in excess of the limitations in Section 12(d)(1)(B), the Acquired Fund agrees to: (i) comply with all conditions of the Rule, as interpreted or modified by the SEC or its staff from time to time, applicable to the Acquired Fund; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquiring Fund if such Acquired Fund fails to comply with the Rule with respect to an investment by the Acquiring Fund, as interpreted or modified by the SEC or its staff from time to time, or this Agreement.

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (Calamos Investment Trust/Il)

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