Common use of Trust Clause in Contracts

Trust. The Trust hereby represents, warrants and covenants to the Sub-Adviser as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company under the 1940 Act; (iii) shares of the Trust are registered for offer and sale (or will be before any such offer or sale) to the public under the 1933 Act; and (iv) such registrations will be kept in effect during the term of this Agreement.

Appears in 27 contracts

Sources: Investment Sub Advisory Agreement (ETFis Series Trust I), Investment Sub Advisory Agreement (ETFis Series Trust I), Investment Sub Advisory Agreement (ETFis Series Trust I)

Trust. The Trust hereby represents, warrants and covenants to the Sub-Adviser as follows: : (i) the Trust has been duly organized as a statutory business trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Securities and Exchange Commission under the 1940 Act; (iii) shares of the each Trust are registered for offer and sale (or will be before any such offer or sale) to the public under the 1933 Act; and (iv) such registrations will be kept in effect during the term of this Agreement.

Appears in 15 contracts

Sources: Investment Advisory Agreement (WP Trust), Investment Advisory Agreement (WP Trust), Investment Advisory Agreement (WP Trust)

Trust. The Trust hereby represents, warrants and covenants to the Sub-Adviser as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the Securities and Exchange Commission under the 1940 Act; (iii) shares of the Trust are registered for offer and sale (or will be before any such offer or sale) to the public under the 1933 Act; and (iv) such registrations will be kept in effect during the term of this Agreement.

Appears in 7 contracts

Sources: Investment Sub Advisory Agreement (BPV Family of Funds), Investment Sub Advisory Agreement (BPV Family of Funds), Investment Sub Advisory Agreement (BPV Family of Funds)

Trust. The Trust hereby represents, warrants and covenants to the Sub-Adviser as follows: : (i) the Trust has been duly organized as a statutory business trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company with the SEC under the 1940 Act; (iii) shares of the Trust Fund are registered for offer and sale (or will be before any such offer or sale) to the public under the 1933 ActSecurities Act of 1933, as amended; and (iv) such registrations will be kept in effect during the term of this Agreement.

Appears in 2 contracts

Sources: Interim Investment Advisory Agreement (360 Funds), Interim Investment Advisory Agreement (360 Funds)

Trust. The Trust hereby represents, warrants warrants, and covenants to the Sub-Adviser as follows: (i) the Trust has been duly organized as a statutory trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; (ii) the Trust is registered as an investment company under the 1940 Act; (iii) shares of the Trust are registered for offer and sale (or will be before any such offer or sale) to the public under the 1933 Act; and (iv) such registrations will be kept in effect during the term of this Agreement.

Appears in 1 contract

Sources: Investment Sub Advisory Agreement (Horizon Funds)

Trust. The Trust hereby represents, warrants and covenants to the Sub-Adviser as follows: (i1) the Trust has been duly organized as a statutory business trust under the laws of the State of Delaware and is authorized to enter into this Agreement and carry out its terms; ; (ii2) the Trust is registered as an investment company with the Securities and Exchange Commission under the 1940 Act; ; (iii3) shares of the each Trust are registered for offer and sale (or will be before any such offer or sale) to the public under the 1933 Act; and and (iv4) such registrations will be kept in effect during the term of this Agreement.

Appears in 1 contract

Sources: Investment Advisory Agreement (360 Funds)