STATUS OF FUND Sample Clauses

STATUS OF FUND. The Distributor hereby represents that each Series (i) of the First Trust Exchange-Traded Fund (ii) of the First Trust Exchange-Traded Fund II, and (iii) of the First Trust Exchange-Traded AlphaDEX (TM) Fund is a registered open ended investment company operating in accordance with the exemptive order granted under 812-13000 and I.C. Release No. 27068 dated September 20, 2005, as the same may be amended from time to time, and I.C. Release No. 27051 dated August 26, 2005 and any additional I.C. Releases related to such amendments. FIRST TRUST PORTFOLIOS, L.P. By Name:_________________________________________________ Title:________________________________________________ Address: 1001 Warrenville Road Xxxxx, Xxxxxxxx 00000 Telephone: (630) 241-8798 Facsimile: (630) 322-7437 ----------------------------- By Name:_________________________________________________ Title:________________________________________________ Address: _______________________________
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STATUS OF FUND. The Distributor hereby represents that each Series (i) of the First Trust Exchange-Traded Fund (ii) of the First Trust Exchange-Traded Fund II, and (iii) of the First Trust Exchange-Traded AlphaDEX (TM) Fund is a registered open ended investment company operating in accordance with the exemptive order granted under 812-13000 and I.C. Release No. 27068 dated September 20, 2005, as the same may be amended from time to time, and I.C. Release No. 27051 dated August 26, 2005 and any additional I.C. Releases related to such amendments. FIRST TRUST PORTFOLIOS, L.P.
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STATUS OF FUND. The Fund shall be the property of the Foundation, held in its corporate capacity, and shall not be deemed a trust fund held by it in a trustee capacity. It is intended that the Fund will be a component fund of the Foundation. The Foundation shall have the ultimate authority and control over all property in the Fund, and the earnings derived therefrom, in accordance with the Articles of Incorporation, By-Laws, and other governing instruments of the Foundation (as they may be amended from time to time), and the terms of this Agreement applied in a manner not inconsistent with said Articles, By-Laws, and other governing instruments.
Sample 1
STATUS OF FUND. The Distributor hereby represents that each Series (i) of the First Trust Exchange-Traded Fund (ii) of the First Trust Exchange-Traded Fund II, (iii) of the First Trust Exchange-Traded AlphaDEX (R) Fund, (iv) of First Trust Exchange-Traded Fund IV, and (v) of the First Trust Exchange-Traded Fund VIII is a registered open ended investment company operating in accordance with the exemptive order granted under 812-13000 and I.C. Release No. 27068 dated September 20, 2005, as the same may be amended from time to time, and I.C. Release No. 27051 dated August 26, 2005 and any additional I.C. Releases related to such amendments. FIRST TRUST PORTFOLIOS, L.P. By --------------------------------------------- Name: -------------------------------------- Title: -------------------------------------- Address: 120 E. Liberty Drive, Suite 400 Xxxxxxx, Xxxxxxxx 00000 Telephone: (630) 765-8798 Facsimile: (630) 517-7437 ----------------------------------------------- By --------------------------------------------- Name: -------------------------------------- Title: -------------------------------------- Address: -------------------------------------- -------------------------------------- Telephone: ------------------------------------- Facsimile: ------------------------------------- THE BANK OF NEW YORK MELLON, as Transfer Agent By --------------------------------------------- Name: -------------------------------------- Title: -------------------------------------- Address: 101 Barclay Street Xxx York, New York 10286 Telephone: (212) 815-5031 Facsimile: (212) 815-2889 Dated: ----------------------- SERIES OF FIRST TRUST EXCHANGE-TRADED FUND First Trust Dow Jones Select MicroCap Index(SM) Xxxd First Trust Morningstar(R) Dividend Leaders(SM) Index Fund First Trust NASDAQ-100 Equal Weighted Index(SM) Fund First Trust NASDAQ-100-Technology Sector Index(SM) Fund First Trust US IPO Index Fund First Trust NYSE Arca Biotechnology Index Fund First Trust Capital Strength ETF First Trust Dow Jones Internet Index(SM) Fund Xxxxt Trust NASDAQ(R) Clean Edge(R) Green Energy Index Fund First Trust NASDAQ-100 Ex-Technology Sector Index(SM) Fund First Trust Value Line(R) Dividend Index Fund First Trust Total US Market AlphaDEX ETF First Trust S&P REIT Index Fund First Trust ISE Water Index Fund First Trust ISE-Revere Natural Gas Index Fund First Trust ISE Chindia Index Fund First Trust Value Line(R) 100 Exchange-Traded Fund First Trust NASDAQ(R) ABA(R) Community Bank Index Fund First Trus...
Sample 1
STATUS OF FUND. The Fund shall be the property of Encourage BC!, held in its corporate capacity, and shall not be deemed a trust fund held by it in a trustee capacity. It is intended that the Fund will be an asset of Encourage BC!. Encourage BC! shall have the ultimate authority and control over all property in the Fund, and the income derived therefrom, in accordance with the Articles of Incorporation, By-Laws, and other governing instruments of Encourage BC! (as they may be amended from time to time), and the terms of this Agreement applied in a manner not inconsistent with said Articles, By-Laws, and other governing instruments. Notwithstanding the provisions of this paragraph Foundation will make a grant to the Organization of the total proceeds in the Fund as provided in paragraph 7.
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STATUS OF FUND. The Distributor hereby represents that each Series of the First Trust Exchange-Traded AlphaDEX Fund II is a registered open ended investment company operating in accordance with the exemptive order granted under 812-13000 and I.C. Release No. 27068 dated September 20, 2005, as the same may be amended from time to time, and I.C. Release No. 27051 dated August 26, 2005 and any additional I.C. Releases related to such amendments. FIRST TRUST PORTFOLIOS, L.P. By ------------------------------------------------ Name:__________________________________________ Title:_________________________________________ Address: 120 E. Liberty Drive, Suite 400 Xxxxxxx, Xxxxxxxx 00000 Telephone: (630) 765-8798 Facsimile: (630) 517-7437 By ------------------------------------------------ Name:__________________________________________ Title:_________________________________________ Address: _______________________________ _______________________________ Telephone:________________________________________ Facsimile:________________________________________ ACCEPTED BY: BROWN BROTHERS HARRIMAN & CO., xx Transfer Agent By ------------------------------------------------ Name:__________________________________________ Title:_________________________________________ Address: 40 Water Street Xxxxxx, XX 00000 Telephone: (617) 772-2011 Facsimile: (201) 418-4105 Dated: ------------------------ SCHEDULE I SERIES OF FIRST TRUST EXCHANGE-TRADED ALPHADEX(R) FUND II
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Related to STATUS OF FUND

  • Return of Funds Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment.

  • Allocation of Funds AMO will allocate and transfer Funds on the basis of the formula determined by Ontario.

  • Limitation of Funds In no case shall the Government’s financial liability exceed the amount obligated under this Agreement.

  • Loss of Funding Performance by University under this Agreement may be dependent upon the appropriation and allotment of funds by the Texas State Legislature (Legislature) and/or allocation of funds by the Board of Regents of The University of Texas System (Board). If Legislature fails to appropriate or allot necessary funds, or Board fails to allocate necessary funds, then University will issue written notice to Contractor and University may terminate this Agreement without further duty or obligation. Contractor acknowledges that appropriation, allotment, and allocation of funds are beyond University’s control.

  • Termination of Fund At any time following the first anniversary of the Closing Date, the Surviving Corporation shall be entitled to require the Paying Agent to deliver to it any funds (including any interest received with respect thereto) that had been made available to the Paying Agent and which have not been disbursed to holders of Certificates, and thereafter such holders shall be entitled to look only to Parent and the Surviving Corporation (subject to abandoned property, escheat or other similar Laws) as general creditors thereof with respect to the payment of any Merger Consideration that may be payable upon surrender of any Certificates held by such holders, as determined pursuant to this Agreement, without any interest thereon. Any amounts remaining unclaimed by such holders at such time at which such amounts would otherwise escheat to or become property of any Governmental Authority shall become, to the extent permitted by applicable Law, the property of Parent, free and clear of all claims or interest of any Person previously entitled thereto.

  • Application of Funds After the exercise of remedies provided for in Section 8.02 (or after the Loans have automatically become immediately due and payable and the L/C Obligations have automatically been required to be Cash Collateralized as set forth in the proviso to Section 8.02), any amounts received on account of the Obligations shall be applied by the Administrative Agent in the following order: First, to payment of that portion of the Obligations constituting fees, indemnities, expenses and other amounts (including fees, charges and disbursements of counsel to the Administrative Agent and amounts payable under Article III) payable to the Administrative Agent in its capacity as such; Second, to payment of that portion of the Obligations constituting fees, indemnities and other amounts (other than principal, interest and Letter of Credit Fees) payable to the Lenders and the L/C Issuer (including fees, charges and disbursements of counsel to the respective Lenders and the L/C Issuer and amounts payable under Article III), ratably among them in proportion to the respective amounts described in this clause Second payable to them; Third, to payment of that portion of the Obligations constituting accrued and unpaid Letter of Credit Fees and interest on the Loans, L/C Borrowings and other Obligations, ratably among the Lenders and the L/C Issuer in proportion to the respective amounts described in this clause Third payable to them;

  • Segregation of Funds Contractor shall comply with federal requirements relating to the required segregation of funds received for abortion services in accordance with the Affordable Care Act Section 1303 and 45 C.F.R. § 156.280.

  • Payment of Funds No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

  • Investment of Funds NCPS will not commingle Escrow Funds received by it in escrow with funds of others and shall not invest such Escrow Funds. The Escrow Funds will be held in a non-interest bearing account.

  • Reduction of Funding The Department must by law terminate this contract if funds are not appropriated or otherwise made available to support the Department's continuation of performance of this contract in a subsequent fiscal period. (18-4-313(4), MCA.) If state or federal government funds are not appropriated or otherwise made available through the Department budgeting process to support continued performance of this contract (whether at an initial contract payment level or any contract increases to that initial level) in subsequent fiscal periods, the Department shall terminate this contract as required by law. The Department shall provide Contractor the date the Department's termination shall take effect. The Department shall not be liable to Contractor for any payment that would have been payable had the contract not been terminated under this provision. As stated above, the Department shall be liable to Contractor only for the payment, or prorated portion of that payment, owed to Contractor up to the date the Department's termination takes effect. This is Contractor's sole remedy. The Department shall not be liable to Contractor for any other payments or damages arising from termination under this section, including but not limited to general, special, or consequential damages such as lost profits or revenues.

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