REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF NIF III. NIF III represents and warrants to and agrees with NIF II that: (a) NIF III is a business trust validly existing under the laws of the State of Ohio and has power to carry on its business as it is now being conducted and to carry out its obligations under this Agreement. (b) NIF III is registered under the 1940 Act as an open-end investment company of the management type. The Acquiring Series expect to qualify as regulated investment companies under Part I of Subchapter M of the Code. (c) The Acquiring Series will have no assets or liabilities as of the Valuation Time. (d) The final prospectus of each Acquiring Series, expected to be dated as of a date in December, 1997 or January, 1998, and the related Statement of Additional Information for the Acquiring Series to be dated as of such date (together, the "Acquiring Series Prospectus"), in the forms to be filed by NIF III with the Commission, will be furnished to NIF II promptly upon the completion thereof and will not as of their date contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading. (e) There are no material legal, administrative or other proceedings pending or, to the knowledge of NIF III or its Acquiring Series threatened against NIF III or the Acquiring Series, which assert liability on the part of NIF III or the Acquiring Series. (f) There are no material contracts outstanding to which NIF III or the Acquiring Series is a party, other than this Agreement and material contracts disclosed in the N-14 Registration Statement. (g) NIF III and the Acquiring Series will file all federal and state tax returns which, to the knowledge of NIF III's officers, are required to be filed by NIF III and the Acquiring Series and will pay all federal and state taxes shown to be due on such returns or on any assessments received by NIF III of the Acquiring Series. (h) No consent, approval, authorization or order of any governmental authority is required for the consummation by NIF III or the Acquiring Series of the transactions contemplated by this Agreement, except such as may be required under the 1933 Act, 1934 Act, 1940 Act, state securities or blue sky laws or state laws applicable to business trusts. (i) As of both the Valuation Time and the Exchange Date and otherwise as described in Section 3(h), NIF III and the Acquiring Series will have full right, power and authority to acquire the Investme...

REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF NIF III. NIF III represents and warrants to and agrees with FHIT that:

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Representations, Warranties and Agreements Section 6.01.
Representations, Warranties and Agreements of Seller The Seller agrees and acknowledges that it shall, as a condition to the consummation of the transactions contemplated hereby, make the representations and warranties specified in Section 3.01 and 3.02 of the Seller's Warranties and Servicing Agreement, as of the Closing Date. The meaning of the term "Agreement" as used in Sections 3.01 and 3.02 of the Seller's Warranties and Servicing Agreement shall include this Agreement. The Seller, without conceding that the Mortgage Loans are securities, hereby makes the following additional representations, warranties and agreements which shall be deemed to have been made as of the Closing Date:
Representations, Warranties and Agreements of the Company The Company represents, warrants and agrees that:
Representations, Warranties and Agreements of the Fund The Fund represents, warrants and agrees that:
Representations, Warranties and Agreements of the Trust The Trust represents, warrants and agrees that:
REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF THE ADVISER The Adviser represents, warrants and agrees that:
Representations, Warranties and Agreements to Survive All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company and (ii) delivery of and payment for the Securities.
Subscriber’s Representations, Warranties and Agreements To induce the Company to issue the Shares to the Subscriber, the Subscriber hereby represents and warrants to the Company and agrees with the Company as follows:
Survival of Representations, Warranties and Agreements Notwithstanding any investigation made by any party to this Agreement, all covenants, agreements, representations and warranties made by the Company and the Investor herein shall survive the execution of this Agreement, the delivery to the Investor of the Shares being purchased and the payment therefor.
Company’s Representations, Warranties and Agreements To induce the Subscriber to purchase the Shares, the Company hereby represents and warrants to the Subscriber and agrees with the Subscriber as follows:

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