Common use of Representations and Warranties of the Advisor Clause in Contracts

Representations and Warranties of the Advisor. The Advisor hereby represents and warrants to the Sub-Advisor as follows: (i) the Advisor is a limited liability company duly organized and in good standing under the laws of the State of Delaware and is fully authorized to enter into this Agreement and carry out its duties and obligations hereunder; and (ii) the Advisor is registered as an investment advisor with the SEC under the Advisers Act, and shall maintain such registration in effect at all times during the term of this Agreement.

Appears in 9 contracts

Samples: Investment Sub Advisory Agreement (Spinnaker ETF Series), Investment Sub Advisory Agreement (Spinnaker ETF Series), Investment Sub Advisory Agreement (Spinnaker ETF Trust)

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Representations and Warranties of the Advisor. The Advisor hereby represents and warrants to the Sub-Advisor as follows: (i) the Advisor is a Delaware limited liability company duly organized and in good standing under the laws of the State of Delaware and is fully authorized to enter into this Agreement and carry out its duties and obligations hereunder; and (ii) the Advisor is registered as an investment advisor with the SEC Securities and Exchange Commission under the Investment Advisers ActAct of 1940, and shall maintain such registration in effect at all times during the term of this Agreement.

Appears in 6 contracts

Samples: Investment Sub Advisory Agreement (Starboard Investment Trust), Investment Sub Advisory Agreement (Starboard Investment Trust), Investment Sub Advisory Agreement (Starboard Investment Trust)

Representations and Warranties of the Advisor. The Advisor hereby represents and warrants to the Sub-Advisor as follows: (i) the Advisor is a limited liability company partnership duly organized and in good standing under the laws of the State of Delaware and is fully authorized to enter into this Agreement and carry out its duties and obligations hereunder; and (ii) the Advisor is registered as an investment advisor with the SEC under the Advisers Act, and shall maintain such registration in effect at all times during the term of this Agreement.

Appears in 5 contracts

Samples: Investment Sub Advisory Agreement (Starboard Investment Trust), Investment Sub Advisory Agreement (Vertical Capital Investors Trust), Investment Sub Advisory Agreement (Hanna Investment Trust)

Representations and Warranties of the Advisor. The Advisor hereby represents and warrants to the Sub-Advisor as follows: (i) the Advisor is a limited liability company corporation duly organized and in good standing under the laws of the State of Delaware Oklahoma and is fully authorized to enter into this Agreement and carry out its duties and obligations hereunder; and (ii) the Advisor is registered as an investment advisor with the SEC under the Advisers Act, and shall maintain such registration in effect at all times during the term of this Agreement.

Appears in 5 contracts

Samples: Investment Sub Advisory Agreement (Merit Advisors Investment Trust), Investment Sub Advisory Agreement (Merit Advisors Investment Trust Ii), Investment Sub Advisory Agreement (Merit Advisors Investment Trust)

Representations and Warranties of the Advisor. The Advisor hereby represents and warrants to the Sub-Advisor as follows: (i) the Advisor is a limited liability company Limited Liability Company duly organized and in good standing under the laws of the State of Delaware [State] and is fully authorized to enter into this Agreement and carry out its duties and obligations hereunder; and (ii) the Advisor is registered as an investment advisor with the SEC under the Advisers Act, and shall maintain such registration in effect at all times during the term of this Agreement.

Appears in 4 contracts

Samples: Interim Investment Sub Advisory Agreement (Starboard Investment Trust), Interim Investment Sub Advisory Agreement (Starboard Investment Trust), Interim Investment Sub Advisory Agreement (Starboard Investment Trust)

Representations and Warranties of the Advisor. The Advisor hereby represents and warrants to the Sub-Advisor as follows: (i) the Advisor is a limited liability company duly organized and in good standing under the laws of the State of Delaware North Carolina and is fully authorized to enter into this Agreement and carry out its duties and obligations hereunder; and (ii) the Advisor is registered as an investment advisor with the SEC under the Advisers Act, and shall maintain such registration in effect at all times during the term of this Agreement.

Appears in 3 contracts

Samples: Investment Sub Advisory Agreement (Spinnaker ETF Series), Investment Sub Advisory Agreement (Starboard Investment Trust), Investment Sub Advisory Agreement (Prophecy Alpha Fund I)

Representations and Warranties of the Advisor. The Advisor hereby represents and warrants to the Sub-Advisor as follows: (i) the Advisor is a limited liability company Limited Liability Company duly organized and in good standing under the laws of the State of Delaware and is fully authorized to enter into this Agreement and carry out its duties and obligations hereunder; and (ii) the Advisor is registered as an investment advisor with the SEC under the Advisers Act, and shall maintain such registration in effect at all times during the term of this Agreement.

Appears in 2 contracts

Samples: Investment Sub Advisory Agreement (Leeward Investment Trust), Interim Investment Sub Advisory Agreement (Starboard Investment Trust)

Representations and Warranties of the Advisor. The Advisor hereby represents and warrants to the Sub-Advisor as follows: (i) the Advisor is a limited liability company partnership duly organized and in good standing under the laws of the State its state of Delaware organization and is fully authorized to enter into this Agreement and carry out its duties and obligations hereunder; and (ii) the Advisor is registered as an investment advisor with the SEC under the Advisers Act, and shall maintain such registration in effect at all times during the term of this Agreement.

Appears in 2 contracts

Samples: Investment Sub Advisory Agreement (Cantor Select Portfolios Trust), Investment Sub Advisory Agreement (Cantor Select Portfolios Trust)

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Representations and Warranties of the Advisor. The Advisor hereby represents and warrants to the Sub-Advisor as follows: (i) the Advisor is a Delaware limited liability company corporation duly organized and in good standing under the laws of the State of Delaware and is fully authorized to enter into this Agreement and carry out its duties and obligations hereunder; and (ii) the Advisor is registered as an investment advisor with the SEC Securities and Exchange Commission under the Investment Advisers ActAct of 1940, and shall maintain such registration in effect at all times during the term of this Agreement.

Appears in 2 contracts

Samples: Investment Sub Advisory Agreement (Starboard Investment Trust), Form of Investment Sub Advisory Agreement (Starboard Investment Trust)

Representations and Warranties of the Advisor. The Advisor hereby represents and warrants to the Sub-Advisor as follows: (i) the Advisor is a limited liability company duly organized and in good standing under the laws of the State of Delaware Oregon and is fully authorized to enter into this Agreement and carry out its duties and obligations hereunder; and (ii) the Advisor is registered as an investment advisor with the SEC Securities and Exchange Commission under the Investment Advisers Act, and shall maintain such registration in effect at all times during the term of this Agreement.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (Starboard Investment Trust)

Representations and Warranties of the Advisor. The Advisor hereby represents and warrants to the Sub-Advisor as follows: (i) the Advisor is a limited liability company corporation duly organized and in good standing under the laws of the State of Delaware Nevada and is fully authorized to enter into this Agreement and carry out its duties and obligations hereunder; and (ii) the Advisor is registered as an investment advisor with the SEC Securities and Exchange Commission under the Investment Advisers ActAct of 1940, and shall maintain such registration in effect at all times during the term of this Agreement.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (Starboard Investment Trust)

Representations and Warranties of the Advisor. The Advisor hereby represents and warrants to the Sub-Advisor as follows: (i) the Advisor is a limited liability company duly organized and in good standing under the laws of the State of Delaware Oregon and is fully authorized to enter into this Agreement and carry out its duties and obligations hereunder; and (ii) the Advisor is registered as an investment advisor with the SEC Securities and Exchange Commission under the Investment Advisers ActAct of 1940, and shall maintain such registration in effect at all times during the term of this Agreement.

Appears in 1 contract

Samples: Form of Investment Sub Advisory Agreement (Starboard Investment Trust)

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