Common use of Correctness of Information Clause in Contracts

Correctness of Information. The Subscriber represents and warrants that the information it has provided in this Subscription Agreement, its Subscription Documents (which Subscription Documents are incorporated in this Subscription Agreement by reference as if expressly set forth herein), and, to its knowledge, in any U.S. Internal Revenue Service or other tax form delivered to the Fund or the Management Company, is true, accurate and complete and may be relied upon by the Fund for any purpose, including the establishment of subscriber-related facts underlying claims of exemption from the registration provisions of federal and state securities laws. The Subscriber acknowledges that the Fund and the Management Company are relying on such information in connection with (a) the Subscriber being admitted as a Shareholder, (b) not registering the offer and sale of Shares under the Securities Act or any state securities laws, (c) if applicable, determining whether Benefit Plan Investors (as defined in Schedule 2) own less than 25% of the value of Shares, as determined under the Plan Asset Regulation (as defined in Schedule 2), from time to time, and (d) the management of the Fund’s business. If at any time during the term of the Fund any of the representations and warranties contained in this Subscription Agreement (including the Subscription Documents) shall cease to be true, the Subscriber will promptly notify the Fund in writing.

Correctness of Information. The Subscriber represents and warrants that the information it has provided in this Subscription Agreement, Agreement and its Subscription Documents Schedules (“Attachments”) (which Subscription Documents Attachments are incorporated in this Subscription Agreement by reference as if expressly set forth herein), and, to its knowledge, in any U.S. Internal Revenue Service or other tax form delivered to the Fund Company or the Management CompanyAdviser, is true, accurate and complete and may be relied upon by the Fund Company for any purpose, including the establishment of subscriber-related facts underlying claims of exemption from the registration provisions of federal and state securities laws. The Subscriber acknowledges that the Fund Company and the Management Company Adviser are relying on such information in connection with (a) the Subscriber being admitted as a Shareholder, (b) not registering the offer and sale of Shares under the Securities Act or any state securities laws, (c) if applicable, determining whether Benefit Plan Investors (as defined in Schedule 2) own less than 25% of the value of Shares, as determined under the Plan Asset Regulation (as defined in Schedule 2), from time to time, and (d) the management of the FundCompany’s business. If at any time during the term of the Fund Company any of the representations and warranties contained in this Subscription Agreement (including the Subscription DocumentsAttachments) shall cease to be true, the Subscriber will promptly notify the Fund Company in writing.