Representations of the Parties. (a) The Trust certifies to Distributor that: (1) as of the date of the execution of this Agreement, each Series that is in existence as of such date has an unlimited number of authorized shares, and (2) this Agreement has been duly authorized by the Trust and, when executed and delivered by the Trust, will constitute a legal, valid and binding obligation of the Trust, enforceable against the Trust 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.
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Samples: Distribution Agreement (Hussman Investment Trust), Distribution Agreement (Hussman Investment Trust), Distribution Agreement (Berwyn Funds)
Representations of the Parties. (a) The Trust certifies to Distributor and Adviser that: (1) as of the date of the execution of this Agreement, each Series that is in existence as of such date has an unlimited number of authorized shares, and (2) this Agreement has been duly authorized by the Trust and, when executed and delivered by the Trust, will constitute a legal, valid and binding obligation of the Trust, enforceable against the Trust 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 9 contracts
Samples: Distribution Agreement (First Western Funds Trust), Distribution Agreement (F/M Funds Trust), Distribution Agreement (First Western Funds Trust)
Representations of the Parties. (a) The Trust Company certifies to Distributor that: (1) as of the date of the execution of this Agreement, each Series Fund that is in existence as of such date has an unlimited number of authorized shares, and (2) this Agreement has been duly authorized by the Trust Company and, when executed and delivered by the TrustCompany, will constitute a legal, valid and binding obligation of the TrustCompany, enforceable against the Trust Company 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.
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Representations of the Parties. (a) The Trust certifies to Distributor and the Advisers that: (1) as of the date of the execution of this Agreement, each Series that is in existence as of such date has an unlimited number of authorized shares, and (2) this Agreement has been duly authorized by the Trust and, when executed and delivered by the Trust, will constitute a legal, valid and binding obligation of the Trust, enforceable against the Trust 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.
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