Common use of Representations of the Sub-Adviser Clause in Contracts

Representations of the Sub-Adviser. (a) The Sub-Adviser (i) is registered as an investment adviser under the Advisers Act; (ii) is not prohibited by the 1940 Act, the Advisers Act, or any other applicable federal, state, regulatory, or industry self-regulatory agency’s requirements, from performing the investment advisory services contemplated by this Contract; (iii) has the authority to enter into and perform the services contemplated by this Contract; (iv) will promptly notify Manager of any event that would disqualify the Sub-Adviser from providing, or impair the Sub-Adviser’s ability to provide, investment advisory services as a sub-adviser of an investment company pursuant to Section 9(a) of the 1940 Act or a provision of the Advisers Act; and (v) will immediately forward upon receipt to the Manager, for itself and as agent for the Trust, any correspondence from the SEC or other regulatory authority that directly relates to the Series or Segment and any response thereto from Sub-Adviser.

Representations of the Sub-Adviser. (a) The Sub-Adviser (i) is registered as an investment adviser under the Advisers Act; (ii) is not prohibited by the 1940 Act, the Advisers Act, or any other applicable federal, state, regulatory, or industry self-regulatory agency’s 's requirements, from performing the investment advisory services contemplated by this Contract; (iii) has the authority to enter into and perform the services contemplated by this Contract; (iv) will promptly notify Manager of any event that would disqualify the Sub-Adviser from providing, or impair the Sub-Adviser’s 's ability to provide, investment advisory services as a sub-adviser of an investment company pursuant to Section 9(a) of the 1940 Act or a provision of the Advisers Act; and (v) will immediately forward upon receipt to the Manager, for itself and as agent for the Trust, any correspondence from the SEC or other regulatory authority that directly relates to the a Series or Segment and any response thereto from Sub-Adviser.

Representations of the Sub-Adviser. (a) The Sub-Adviser (i) is registered as an investment adviser under the Advisers Act; (ii) is not prohibited by the 1940 Act, the Advisers Act, or any other applicable federal, state, regulatory, or industry self-regulatory agency’s 's requirements, from performing the investment advisory services contemplated by this Contract; (iii) has the authority to enter into and perform the services contemplated by this Contract; (iv) will promptly notify Manager of any event that would disqualify the Sub-Adviser from providing, or impair the Sub-Adviser’s 's ability to provide, investment advisory services as a sub-adviser of an investment company pursuant to Section 9(a) of the 1940 Act or a provision of the Advisers Act; and (v) will immediately forward upon receipt to the Manager, for itself and as agent for the TrustFund, any correspondence from the SEC or other regulatory authority that directly relates to the a Series or Segment and any response thereto from Sub-Adviser.