Representations, Warranties and Agreements of the Fund. The Fund represents, warrants and agrees that:
Representations, Warranties and Agreements of the Fund. The Trust represents, warrants and agrees that:
Representations, Warranties and Agreements of the Fund. By their approval of this Agreement the Trustees represent, warrant and agree that:
Representations, Warranties and Agreements of the Fund. By their approval of this Agreement the Trustees represent, warrant and agree that: (a) The Fund is not prohibited by the 1940 Act or other applicable federal or state law from performing their obligations under this Agreement. (b) The Fund is duly organized and validly existing under the laws of the State in which it was organized with the power to own and posses its assets and carry on its business as it is now being conducted. (c) The Fund has taken all necessary action, and have obtained all necessary licenses, authorizations and approvals, to permit the Fund to enter into this Agreement, which Agreement constitutes the Fund's legal, valid and binding obligation, enforceable in accordance with its terms; and the execution, delivery and performance by the Fund of this Agreement does not contravene or constitute a default under any agreement binding upon the Fund. 19.
Representations, Warranties and Agreements of the Fund. The Fund represents, warrants and agrees that: a. The Sub-Adviser has been duly appointed by the Board of Trustees of the Fund to provide investment services to the Portfolio Account as contemplated hereby. b. The Fund will deliver to the Sub-Adviser a true and complete copy of its then current Prospectus and Statement of Additional Information as effective from time to time and such other documents or instruments governing the investment of the Portfolio Account and such other information as is necessary for the Sub-Adviser to carry out its obligations under this Agreement. c. The Fund is currently in compliance and shall continue to comply with the material requirements imposed upon the Fund by applicable law and regulations. 17.
Representations, Warranties and Agreements of the Fund. The Fund represents and warrants to, and agrees with Atlantic that:
Representations, Warranties and Agreements of the Fund. The Fund represents and warrants to MS and agrees with MS as follows:
