Trust’s Representations. The Trust represents and warrants to the Advisor 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 Investment Company Act of 1940; and (iii) such registrations will be kept in effect during the term of this Agreement.
Appears in 17 contracts
Sources: Investment Advisory Agreement (Spinnaker ETF Series), Investment Advisory Agreement (Spinnaker ETF Series), Investment Advisory Agreement (Spinnaker ETF Series)
Trust’s Representations. The Trust represents and warrants to the Advisor 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 Investment Company Act of 1940; (iii) shares of each Fund are (or will be) registered for offer and sale to the public under the Securities Act of 1933; and (iiiiv) such registrations will be kept in effect during the term of this Agreement.
Appears in 6 contracts
Sources: Investment Advisory Agreement (Starboard Investment Trust), Investment Advisory Agreement (Starboard Investment Trust), Investment Advisory Agreement (Starboard Investment Trust)
Trust’s Representations. The Trust represents and warrants to the Advisor 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 Investment Company Act of 1940; (iii) shares of the Fund are (or will be) registered for offer and sale to the public under the Securities Act of 1933; and (iiiiv) such registrations will be kept in effect during the term of this Agreement.
Appears in 5 contracts
Sources: Investment Advisory Agreement (Starboard Investment Trust), Investment Advisory Agreement (Starboard Investment Trust), Investment Advisory Agreement (Leeward Investment Trust)
Trust’s Representations. The Trust represents and warrants to the Advisor 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 Investment Company Act of 1940; and (iiiiv) such registrations will be kept in effect during the term of this Agreement.
Appears in 1 contract
Sources: Investment Advisory Agreement (Leeward Investment Trust)
Trust’s Representations. The Trust represents and warrants to the Advisor 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 Investment Company Act of 1940; and (iii) such registrations will be kept in effect during the term of this Agreement.
Appears in 1 contract
Sources: Investment Advisory Agreement (Spinnaker ETF Trust)
Trust’s Representations. The He Trust represents and warrants to the Advisor 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 Investment Company Act of 1940; and (iii) such registrations will be kept in effect during the term of this Agreement.
Appears in 1 contract
Sources: Investment Advisory Agreement (Prophecy Alpha Fund I)
Trust’s Representations. The Trust represents and warrants to the Advisor 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 Investment Company Act of 1940Act; and (iii) such registrations will be kept in effect during the term of this Agreement.
Appears in 1 contract
Sources: Investment Advisory Agreement (Spinnaker ETF Series)