Common use of Representation and Warranty of BBH&Co Clause in Contracts

Representation and Warranty of BBH&Co. BBH&Co. hereby represents and warrants that BBH & Co. is duly organized under the laws of its jurisdiction of organization and qualifies to act as a custodian to the Fund under the provisions of the 1940 Act and that this Agreement has been duly authorized, executed and delivered by BBH&Co. and the Agreement and performance hereunder do not and will not violate any Applicable Law or conflict with or constitute a default under BBH&Co.’s limited partnership agreement or any agreement, instrument, judgment, order or decree to which BBH&Co. is a party or by which it is bound. BBH&Co. also warrants that it will comply with all applicable laws and regulations in performance of its duties under this Agreement.

Representation and Warranty of BBH&Co. BBH&Co. hereby represents and warrants that BBH & Co. is duly organized and covenants the following: 3.1 It has obtained all required governmental and regulatory licenses and/or such other authorisations as may be necessary to perform its obligations and carry out the transactions contemplated under the laws of its jurisdiction of organization and qualifies to act as a custodian to the Fund under the provisions of the 1940 Act and that this Agreement; and 3.2 This Agreement has been duly authorized, executed and delivered by BBH&Co. and the Agreement and performance hereunder do does not and will not violate any Applicable Law or conflict with or constitute a default under BBH&Co.’s limited partnership agreement or any agreement, instrument, judgment, order or decree to which BBH&Co. is a party or by which it is bound. BBH&Co. also warrants that it will comply with all applicable laws and regulations in performance of its duties under this Agreement.