Common use of Trust Representations Clause in Contracts

Trust Representations. The Trust represents and warrants to us that (such representations and warranties being deemed to be repeated on each occasion Bullion is credited to or debited from a Fund’s Unallocated Account under this Agreement): (a) the Trust is duly constituted and validly existing under the laws of its jurisdiction of constitution; (b) the Trust has all necessary authority, powers, consents, licenses and authorizations (which have not been revoked) and has taken all necessary action to enable it lawfully to enter into and perform its duties and obligations under this Agreement; (c) the person entering into this Agreement on the Trust’s behalf has been duly authorized to do so; and (d) this Agreement and the obligations created under it constitute the Trust’s legal and valid obligations which are binding upon the Trust and enforceable against the Trust in accordance with their terms (subject to applicable principles of equity) and do not and will not violate the terms of the Rules, any applicable laws or any order, charge or agreement by which the Trust is bound.

Appears in 2 contracts

Sources: Unallocated Bullion Account Agreement (World Currency Gold Trust), Unallocated Bullion Account Agreement (World Currency Gold Trust)

Trust Representations. The Trust represents and warrants to us that (such representations and warranties being deemed to be repeated on upon each occasion Bullion is credited to or debited from a Fund’s Unallocated Allocated Account under this Agreement): (a) the Trust is duly constituted and validly existing under the laws of its jurisdiction of constitution; (b) the Trust has all necessary authority, powers, consents, licenses and authorizations (which have not been revoked) and has taken all necessary action to enable it lawfully to enter into and perform its duties and obligations under this Agreement; (c) the person entering into this Agreement on the Trust’s behalf has been duly authorized to do so; and (d) this Agreement and the obligations created under it constitute the Trust’s legal and valid obligations which are binding upon the Trust and enforceable against the Trust in accordance with their terms (subject to applicable principles of equity) and do not and will not violate the terms of the Rules, any applicable laws or any order, charge or agreement by which the Trust is bound.

Appears in 2 contracts

Sources: Allocated Bullion Account Agreement (World Currency Gold Trust), Allocated Bullion Account Agreement (World Currency Gold Trust)

Trust Representations. The Trust represents and warrants to us that (such representations and warranties being deemed to be repeated on each occasion Bullion is credited to or debited from a Fund’s Unallocated Account under this Agreement):that: (a) the Trust is and will remain duly constituted and validly existing under the laws of its jurisdiction of constitution; (b) the Trust has with all necessary authority, powers, consents, licenses licences and authorizations (which have not been revoked) authorisations and has taken all necessary action has been taken to enable it lawfully to enter into and perform its duties and obligations engage in the transactions provided for under this Agreement; (cb) the person entering into this Agreement on the Trust’s behalf has been duly authorized to do so; andauthorized, executed and delivered on our behalf and constitutes our legal, valid and binding obligation; (dc) this Agreement and the obligations created under it constitute the Trust’s legal and valid obligations which are binding upon the Trust and enforceable against the Trust in accordance with their its terms (subject to applicable principles of equity) and do not and will not violate the terms of the Rules, any applicable laws Rules or any order, charge or agreement by which the Trust is bound; and (d) the execution, delivery and performance of this Agreement by the Trust does not and will not violate any law or regulation applicable to the Trust and do not require the consent of any governmental or other regulatory body except for such consents and approvals as have been obtained. The Trust undertakes to notify us in the event that any of the statements set out in the sub-clauses ceases to be true.

Appears in 1 contract

Sources: Custodian Agreement (Global Currency Gold Trust)