Representations of the Manager. The Manager represents, warrants and agrees that: (i) Manager is a corporation established pursuant to the laws of the Commonwealth of Massachusetts; (ii) Manager is duly registered as an "investment adviser" under the Investment Advisers Act of 1940 ("Advisers Act"); (iii) Manager has been duly appointed by the Trustees and Shareholders of the Portfolio to provide investment services to the Portfolio as contemplated by the Management Contract. (iv) the execution, delivery and performance of this Agreement are within Manager'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 Manager; (v) 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 (vi) this Agreement constitutes a legal, valid and binding obligation enforceable against Manager. 10.3
Appears in 9 contracts
Samples: Subadvisory Agreement (Fidelity Concord Street Trust), Subadvisory Agreement (Fidelity Concord Street Trust), H) Subadvisory Agreement (Fidelity Concord Street Trust)
Representations of the Manager. The Manager represents, warrants and agrees that: (i) Manager is a corporation established pursuant to the laws of the Commonwealth of Massachusetts; (ii) Manager is duly registered as an "investment adviser" under the Investment Advisers Act of 1940 ("Advisers Act"); (iii) Manager has been duly appointed by the Trustees and Shareholders of the Portfolio to provide investment services to the Portfolio as contemplated by the Management Contract. ; (iv) the execution, delivery and performance of this Agreement are within Manager'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 Manager; (v) 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 (vi) this Agreement constitutes a legal, valid and binding obligation enforceable against Manager. 10.3
Appears in 3 contracts
Samples: Subadvisory Agreement (Fidelity Concord Street Trust), Subadvisory Agreement (Fidelity Commonwealth Trust), L) Subadvisory Agreement (Variable Insurance Products Fund Ii)
