Common use of Representations of the Acquired Funds Clause in Contracts

Representations of the Acquired Funds. In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations set forth in Section 12(d)(1)(A) of the 1940 Act, the Acquired Fund agrees to: (i) comply with all conditions of the Rule 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 or this Agreement.

Appears in 39 contracts

Samples: 12d1 4 Investment Agreement (Nuveen Investment Funds Inc), 12d1 4 Investment Agreement (Nuveen Multistate Trust Iii), 12d1 4 Investment Agreement (Nuveen Multistate Trust I)

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Representations of the Acquired Funds. In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations set forth in Section 12(d)(1)(A) of the 1940 Act), the Acquired Fund agrees to: (i) comply with all conditions of the Rule Rule, as interpreted or modified by the SEC or its Staff from time to time, applicable to the Acquired FundFunds; (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 or this Agreement.and

Appears in 24 contracts

Samples: Funds Investment Agreement (Voya BALANCED PORTFOLIO INC), Funds Investment Agreement (Voya INTERMEDIATE BOND PORTFOLIO), Funds Investment Agreement (Voya STRATEGIC ALLOCATION PORTFOLIOS INC)

Representations of the Acquired Funds. In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations set forth in Section 12(d)(1)(A) of the 1940 ActAct in reliance on the Rule, the Acquired Fund agrees to: (i) comply with all conditions of the Rule 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 or this Agreement.

Appears in 20 contracts

Samples: 12d1 4 Investment Agreement (Nuveen Investment Trust Iii), 12d1 4 Investment Agreement (Nuveen Municipal Trust/Ma), 12d1 4 Investment Agreement (Nuveen Municipal Trust/Ma)

Representations of the Acquired Funds. In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations set forth in Section 12(d)(1)(A) of the 1940 Act), the Acquired Fund agrees to: (i) comply with all conditions of the Rule 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 or this Agreement.Funds;

Appears in 10 contracts

Samples: Funds Investment Agreement (Voya BALANCED PORTFOLIO INC), Funds Investment Agreement (Voya STRATEGIC ALLOCATION PORTFOLIOS INC), Voya INVESTORS TRUST

Representations of the Acquired Funds. In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations set forth in Section 12(d)(1)(A) of the 1940 Act), the Acquired Fund agrees to: (i) comply with all conditions of the Rule applicable to the Acquired FundFunds; (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 or this Agreement.

Appears in 9 contracts

Samples: Agreement (Nushares ETF Trust), Agreement (Tiaa-Cref Life Funds), Agreement (Nuveen Municipal Trust/Ma)

Representations of the Acquired Funds. (a) In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations set forth in Section 12(d)(1)(A) of the 1940 Act), the Acquired Fund agrees to: (i) comply with all conditions of the Rule applicable to the Acquired FundFunds; and (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 or this Agreement.

Appears in 7 contracts

Samples: Funds Investment Agreement (First Trust Exchange-Traded Fund Viii), Funds Investment Agreement (Ft 9909), Funds Investment Agreement (Exchange Traded Concepts Trust)

Representations of the Acquired Funds. In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations set forth in Section 12(d)(1)(A) of the 1940 Act), the Acquired Fund agrees to: (i) comply with all conditions of the Rule Rule, as interpreted or modified by the SEC or its Staff from time to time, applicable to the Acquired FundFunds; (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 or this Agreement.

Appears in 4 contracts

Samples: Fund of Funds Investment Agreement (Exchange Traded Concepts Trust), Fund of Funds Investment Agreement (Exchange Listed Funds Trust), Fund of Funds Investment Agreement (Exchange Listed Funds Trust)

Representations of the Acquired Funds. In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations set forth in Section 12(d)(1)(A) of the 1940 Act12(d)(l)(A), the Acquired Fund agrees to: (i) comply with all conditions of the Rule Rule, as interpreted or modified by the SEC or its Staff from time to time, applicable to the Acquired FundFunds; (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 or this Agreement.and

Appears in 3 contracts

Samples: Fund of Funds Investment Agreement (GPS Funds I), Fund of Funds Investment Agreement (GPS Funds II), Fund of Funds Investment Agreement (American Century Strategic Asset Allocations Inc)

Representations of the Acquired Funds. (a) In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations set forth in Section 12(d)(1)(A12(d)(l)(A) of in reliance on the 1940 ActRule, the Acquired Fund agrees to: (i) comply with all conditions of the Rule applicable to the Acquired FundFunds; and (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 Rule, with respect to an investment by the Acquiring Fund Fund, or this Agreement.

Appears in 3 contracts

Samples: Funds Investment Agreement (Ft 9909), Funds Investment Agreement (First Trust Series Fund), Funds Investment Agreement (First Trust Exchange-Traded Fund Viii)

Representations of the Acquired Funds. In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations set forth in Section 12(d)(1)(A) of the 1940 Actor Section 12(d)(1)(C), the Acquired Fund agrees to: (i) comply with all conditions of the Rule applicable to the Acquired FundFunds; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquiring Fund if such Acquired Fund fails to comply with the Agreement or the Rule with respect to an investment by the Acquiring Fund or this AgreementFund.

Appears in 2 contracts

Samples: Funds Investment Agreement (Allspring Funds Trust), Funds Investment Agreement (Allspring Funds Trust)

Representations of the Acquired Funds. In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations set forth in Section 12(d)(1)(A) of the 1940 Act), the Acquired Fund agrees to: (i) comply with all conditions of the Rule Rule, as interpreted or modified by the SEC or its Staff from time to time, applicable to the Acquired FundFunds; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquiring Fund if such Acquired Fund fails to comply with all conditions of exemptive relief applicable to the Rule with respect to an investment by the Acquiring Fund or this Agreement.Acquired Funds (“Relief”); and

Appears in 2 contracts

Samples: Fund of Funds Investment Agreement (Managed Portfolio Series), Fund of Funds Investment Agreement (Managed Portfolio Series)

Representations of the Acquired Funds. In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations set forth in Section 12(d)(1)(A) of the 1940 Act), the Acquired Fund agrees to: (i) comply with all conditions of the Rule applicable to the Acquired FundRule; (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 Fund, as interpreted or modified by the SEC or its staff from time to time, or this Agreement.

Appears in 2 contracts

Samples: Funds Investment Agreement (Ft 9909), Funds Investment Agreement (Ft 9857)

Representations of the Acquired Funds. In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations set forth in Section 12(d)(1)(A) of the 1940 Act), the Acquired Fund agrees to: (i) comply with all conditions of the Rule Rule, as interpreted or modified by the SEC or its Staff from time to time, applicable to the Acquired FundFunds; (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 or this Agreement.

Appears in 2 contracts

Samples: Funds Investment Agreement (iSHARES TRUST), Funds Investment Agreement (iShares, Inc.)

Representations of the Acquired Funds. (a) In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations set forth in Section 12(d)(1)(A) of the 1940 Act), the Acquired Fund agrees to: (i) comply with all conditions of the Rule applicable to the Acquired FundFunds; and (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 Rule, with respect to an investment by the Acquiring Fund in the Acquired Fund, or this Agreement.

Appears in 1 contract

Samples: Funds Investment Agreement (Tidal Trust II)

Representations of the Acquired Funds. (a) In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations set forth in Section 12(d)(1)(A) of the 1940 Act), the Acquired Fund agrees to: (i) comply with all conditions of the Rule applicable to the Acquired FundFunds; (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 or this Agreement.

Appears in 1 contract

Samples: End Funds Investment Agreement (Ft 11028)

Representations of the Acquired Funds. In connection with any investment by an the Acquiring Fund in an Acquired Fund in excess of the limitations set forth in Section 12(d)(1)(A) of the 1940 Act), the Acquired Fund agrees to: (i) comply with all conditions of the Rule applicable to the Acquired FundRule,; (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 or this Agreement.

Appears in 1 contract

Samples: Funds Investment Agreement (First Trust Exchange-Traded Fund Viii)

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Representations of the Acquired Funds. (a) In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations set forth in Section 12(d)(1)(A) of the 1940 Act), the Acquired Fund agrees to: (i) comply with all conditions of the Rule applicable to the Acquired FundFunds; (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 Rule, with respect to an investment by the Acquiring Fund in the Acquired Fund, or this Agreement.

Appears in 1 contract

Samples: Funds Investment Agreement (Pacific Select Fund)

Representations of the Acquired Funds. (a) In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations set forth in Section 12(d)(1)(A) of in reliance on the 1940 ActRule, the Acquired Fund agrees to: (i) comply with all conditions of the Rule applicable to the Acquired FundFunds; and (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 Rule, with respect to an investment by the Acquiring Fund Fund, or this Agreement.

Appears in 1 contract

Samples: Funds Investment Agreement (Transamerica Funds)

Representations of the Acquired Funds. [(a)] In connection with any investment by an the Acquiring Fund in an the Acquired Fund in excess of the limitations set forth in Section 12(d)(1)(A) of the 1940 Act), the Acquired Fund agrees to: (i) comply with all applicable conditions of the Rule applicable to the Acquired FundRule; (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 or this AgreementFund.

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (Manning & Napier Fund, Inc.)

Representations of the Acquired Funds. (a) In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations set forth in Section 12(d)(1)(A) of the 1940 ActLimits, the Acquired Fund agrees to: (i) comply with all conditions of the Rule applicable to the Acquired FundFunds; (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 or this Agreement.

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (Pacific Select Fund)

Representations of the Acquired Funds. (a) In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations set forth in Section 12(d)(1)(A) of the 1940 Act), the Acquired Fund agrees to: (i) comply with all conditions of the Rule applicable to the Acquired FundFunds; (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 or this Agreement with respect to an investment by the Acquiring Fund or this AgreementFund.

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (Allspring Funds Trust)

Representations of the Acquired Funds. (a) In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations set forth in Section 12(d)(1)(A) of the 1940 Act), the Acquired Fund agrees to: (i) comply with all conditions of the Rule applicable to the Acquired FundFunds; (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 Rule, with respect to an investment by the Acquiring Fund Fund, or this Agreement.

Appears in 1 contract

Samples: Funds Investment Agreement (MML Series Investment Fund)

Representations of the Acquired Funds. (a) In connection with any investment by an the Acquiring Fund in an the Acquired Fund in excess of the limitations set forth in Section 12(d)(1)(A) of the 1940 Act), the Acquired Fund agrees to: (i) comply with all applicable conditions of the Rule applicable to the Acquired FundRule; (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 or this AgreementFund.

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (Managed Portfolio Series)

Representations of the Acquired Funds. (a) In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations set forth in Section 12(d)(1)(A) of the 1940 Act12(d)(l)(A), the Acquired Fund agrees to: (i) comply with all conditions of the Rule applicable to the Acquired FundFunds; and (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 or this Agreement.

Appears in 1 contract

Samples: Funds Investment Agreement (Managed Portfolio Series)

Representations of the Acquired Funds. (a) In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations set forth in Section 12(d)(1)(A) of the 1940 Act12(d)(l )(A), the Acquired Fund agrees to: (i) comply with all conditions of the Rule applicable to the Acquired FundFunds; and (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 or this Agreement.

Appears in 1 contract

Samples: Funds Investment Agreement (Allianz Variable Insurance Products Fund of Funds Trust)

Representations of the Acquired Funds. (a) In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations set forth in Section 12(d)(1)(A) of the 1940 Act12(d)(l)(A), the Acquired Fund agrees to: (i) comply with all conditions of the Rule applicable to the Acquired FundFunds; and (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 Rule, with respect to an investment by the Acquiring Fund in the Acquired Fund, or this Agreement.

Appears in 1 contract

Samples: Funds Investment Agreement (Tidal ETF Trust)

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