Representations and Warranties of the Manager. The Manager represents and warrants to each Underwriter as follows:
Representations and Warranties of the Manager. The Manager represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Time, and as of each Date of Delivery (if any), and agrees with each Underwriter, as follows:
Representations and Warranties of the Manager. The Manager hereby represents and warrants to the Service Recipients that:
Representations and Warranties of the Manager. The Manager represents and warrants to the Selling Agent as follows:
Representations and Warranties of the Manager. The Manager represents and warrants that it: (i) is registered as an investment adviser under the Advisers Act and will continue to be so registered for so long as this Agreement remains in effect; (ii) is not prohibited by the 1940 Act, the Advisers Act or other law, regulation or order from performing the services contemplated by this Agreement; (iii) has reviewed the requirements for registration as a “commodity pool operator” (a “CPO”) under the CEA and is either registered as a CPO and a member of the NFA or is relying on an exemption or exclusion from registration as a CPO or has made a permissible delegation of its duties and responsibilities as a CPO to another entity; (iv) has adopted and implemented a written code of ethics complying with requirements of Rule 17j-1 under the 1940 Act; (v) has the authority to enter into and perform the services contemplated by this Agreement; (vi) has taken all necessary corporate action to authorize the execution, delivery and performance of this Agreement; and (vii) has duly executed and delivered this Agreement and this Agreement has been approved in accordance with the requirements of the 1940 Act.
Representations and Warranties of the Manager. The Manager represents and warrants that as of the Effective Date and the first day of each Extension:
Representations and Warranties of the Manager. The Manager represents and warrants to each of the Underwriters as of each Representation Date as follows:
Representations and Warranties of the Manager. The Manager represents and warrants to the Sub-Adviser and the Trust as follows:
Representations and Warranties of the Manager. The Manager represents and warrants to, and agrees with the Agent as of the date of this Agreement and as of the date of this Agreement, as of each Representation Date, as of the time of each sale of Placement Shares pursuant to this Agreement and as of each Settlement Date, unless such representation, warranty or agreement specifies a different date or time:
Representations and Warranties of the Manager. The Manager hereby represents and warrants to each Underwriter on the date hereof, and shall be deemed to represent and warrant to each Underwriter on the Closing Date and the Additional Closing Date, as the case may be, that:
