REPRESENTATIONS, WARRANTIES OF HOLDER Holder represents and warrants to the Company as follows:
Representations, Warranties and Covenants of Holder Holder hereby represents, warrants and covenants to Parent that Holder (i) is the beneficial owner of the Shares, which, at the date of this Agreement and at all times up until the earlier to occur of (A) the Effective Time and (B) the Expiration Date, will be free and clear of any liens, claims, options, charges or other encumbrances (other than those created by this Agreement) and (ii) as of the date hereof does not own of record or beneficially any shares of outstanding capital stock of the Company other than the Shares (excluding shares as to which Holder currently disclaims beneficial ownership in accordance with applicable law). Holder has the legal capacity, power and authority to enter into and perform all of Holder’s obligations under this Agreement. This Agreement has been duly and validly executed and delivered by Holder and constitutes a valid and binding agreement of Holder, enforceable against Holder in accordance with its terms, subject to (a) laws of general application relating to bankruptcy, insolvency and the relief of debtors and (b) rules of law governing specific performance, injunctive relief and other equitable remedies.
REPRESENTATIONS, WARRANTIES OF THE HOLDER The Holder represents and warrants to the Company as follows:
REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF THE ADVISER The Adviser represents, warrants and agrees that:
Representations, Warranties and Agreements of the Trust The Trust represents, warrants and agrees that:
Representations, Warranties and Covenants of the Holder The Holder represents and warrants to, and agrees with, the Company as follows:
Representations, Warranties and Agreements of the Fund The Fund represents, warrants and agrees that:
Representations, Warranties and Agreements of the Company The Company represents, warrants and agrees that:
Representations, Warranties and Agreements of the Subadviser The Subadviser represents, warrants and agrees that:
Representations, Warranties and Covenants of Company The Company represents and warrants to, and covenants with, the Subscriber as follows:
