Representations of the Fund. The Fund certifies to Ultimus that: (1) as of the close of business on the Effective Date, the Fund has authorized unlimited shares, and (2) this Agreement has been duly authorized by the Fund and, when executed and delivered by the Fund, will constitute a legal, valid and binding obligation of the Fund, enforceable against the Fund in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties.
Appears in 11 contracts
Samples: Fund Accounting Agreement (Cornerstone Progressive Return Fund), Administration Agreement (Cornerstone Progressive Return Fund), Fund Accounting Agreement (Kayne Anderson Midstream/Energy Fund, Inc.)
Representations of the Fund. The Fund certifies to Ultimus that: (1) as of the close of business on the Effective Date, the Fund has authorized unlimited sharesunits, and (2) this Agreement has been duly authorized by the Fund and, when executed and delivered by the Fund, will constitute a legal, valid and binding obligation of the Fund, enforceable against the Fund in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties.
Appears in 3 contracts
Samples: Services Agreement (FSI Low Beta Absolute Return Fund), Services Agreement (FSI Low Beta Absolute Return Fund), Services Agreement (FSI Low Beta Absolute Return Fund)
