Common use of REPRESENTATIONS OF THE ACQUIRING FUND Clause in Contracts

REPRESENTATIONS OF THE ACQUIRING FUND. (a) In connection with any investment by the Acquiring Fund in an Acquired Fund in excess of the limitations in Section 12(d)(1)(A), the Acquiring 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 Acquiring Fund; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if the Acquiring Fund fails to comply with the Rule with respect to its investment in such Acquired Fund, as interpreted or modified by the SEC or its staff from time to time, or this Agreement.

Appears in 8 contracts

Samples: Agreement (Cohen & Steers Tax-Advantaged Preferred Securities & Income Fund), Agreement (Cohen & Steers LTD Duration Preferred & Income Fund, Inc.), Agreement (Cohen & Steers Reit & Preferred & Income Fund Inc)

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REPRESENTATIONS OF THE ACQUIRING FUND. (a) In connection with any investment by the Acquiring Fund in an Acquired Fund in excess of the limitations in Section 12(d)(1)(A), the Acquiring 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 Acquiring Fund; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if the Acquiring Fund fails to comply with the Rule with respect to its investment in such Acquired Fund, as interpreted or modified by the SEC or its staff from time to time, or this Agreement.

Appears in 6 contracts

Samples: Exchange Traded (Blackstone Senior Floating Rate Term Fund), Exchange Traded (Nexpoint Funds I), Exchange Traded (Tri-Continental Corp)

REPRESENTATIONS OF THE ACQUIRING FUND. (a) In connection with any investment by the Acquiring Fund in an the Acquired Fund in excess of the limitations in Section 12(d)(1)(A), the Acquiring Fund agrees toagrees: (i) to comply with all conditions of the Rule, as interpreted or modified by the SEC or its staff Staff from time to time, applicable to the Acquiring Fund; (ii) to comply with its obligations under this Agreement; and (iii) to promptly notify the Acquired Fund if the Acquiring Fund fails to comply with the Rule with respect to its investment in such Acquired Fund, as interpreted or modified by the SEC or its staff Staff from time to time, or this Agreement; and (iv) on a semiannual basis provide the dollar amount invested in the Acquired Fund aggregated with all Acquiring Funds.

Appears in 2 contracts

Samples: Fund of Funds Investment Agreement (John Hancock Funds II), Fund of Funds Investment Agreement (John Hancock Variable Insurance Trust)

REPRESENTATIONS OF THE ACQUIRING FUND. (a) In connection with any investment by the Acquiring Fund in an the Acquired Fund in excess of the limitations in Section 12(d)(1)(A), the Acquiring 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 Acquiring Fund; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if the Acquiring Fund fails to comply with the Rule with respect to its investment in such the Acquired Fund, as interpreted or modified by the SEC or its staff from time to time, or this Agreement.

Appears in 1 contract

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

REPRESENTATIONS OF THE ACQUIRING FUND. (a) In connection with any investment by the Acquiring Fund in an the Acquired Fund in excess of the limitations in Section 12(d)(1)(A), the Acquiring 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 Acquiring Fund; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if the Acquiring Fund fails to comply with the Rule with respect to its investment in such the Acquired Fund, as interpreted or modified by the SEC or its staff from time to time, or this Agreement.

Appears in 1 contract

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

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

Appears in 1 contract

Samples: Funds Investment Agreement (Nationwide Variable Insurance Trust)

REPRESENTATIONS OF THE ACQUIRING FUND. (a) In connection with any investment by the Acquiring Fund in an Acquired Fund in excess of the limitations in Section 12(d)(1)(A12(d)(l)(A) or Section 12(d)(l)(C), the Acquiring 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 Acquiring Fund; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if the Acquiring Fund fails to comply with the Rule with respect to its investment in such Acquired Fund, as interpreted or modified by the SEC or its staff from time to time, or fails to comply with this Agreement.

Appears in 1 contract

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

REPRESENTATIONS OF THE ACQUIRING FUND. (a) In connection with any investment by the Acquiring Fund in an Acquired Fund in excess of the limitations in Section 12(d)(1)(A)) of the 1940 Act, the Acquiring 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 Acquiring Fund; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if the Acquiring Fund fails to comply with the Rule with respect to its investment in such Acquired Fund, as interpreted or modified by the SEC or its staff from time to time, or this Agreement.

Appears in 1 contract

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

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