Common use of Representations and Warranties of Subadviser Clause in Contracts

Representations and Warranties of Subadviser. The Subadviser represents and warrants to the Adviser and the Company as follows: (a) The Subadviser is registered as an investment adviser under the Advisers Act; (b) The Subadviser is a limited liability company duly organized and properly registered and operating under the laws of the State of Delaware with the power to own and possess its assets and carry on its business as it is now being conducted and as proposed to be conducted hereunder; and (c) The execution, delivery and performance by the Subadviser of this Agreement are within the Subadviser’s powers and have been duly authorized by all necessary actions of its partners, and no action by, or in respect of, or filing with, any governmental body, agency or official is required on the part of the Subadviser for execution, delivery and performance by the Subadviser of this Agreement, and the execution, delivery and performance by the Subadviser of this Agreement do not contravene or constitute a violation of, or a material default under, (i) any provision of applicable law, rule or regulation, (ii) the Subadviser’s governing instruments, or (iii) any agreement, judgment, injunction, order, decree or other instrument binding upon the Subadviser. (d) The Subadviser is not providing commodity interest trading advice with respect to the Fund.

Representations and Warranties of Subadviser. The Subadviser represents and warrants to the Adviser and the Company Trust as follows: (a) The Subadviser is registered as an investment adviser commodity trading advisor under the Advisers Commodity Exchange Act; (b) The Subadviser is a limited liability company duly organized and properly registered and operating under the laws of the State of Delaware Colorado with the power to own and possess its assets and carry on its business as it is now being conducted and as proposed to be conducted hereunder; and; (c) The execution, delivery and performance by the Subadviser of this Agreement are within the Subadviser’s powers and have been duly authorized by all necessary actions of its partnersdirectors or shareholders, and no action by, or in respect of, or filing with, any governmental body, agency or official is required on the part of the Subadviser for execution, delivery and performance by the Subadviser of this Agreement, and the execution, delivery and performance by the Subadviser of this Agreement do not contravene or constitute a violation of, or a material default under, (i) any provision of applicable law, rule or regulation, (ii) the Subadviser’s governing instruments, or (iii) any agreement, judgment, injunction, order, decree or other instrument binding upon the Subadviser. (d) The Subadviser is not providing commodity interest trading advice with respect to the Fund.; and

Representations and Warranties of Subadviser. The Subadviser represents and warrants to the Adviser and the Company Trust as follows: (a) The Subadviser is registered as an investment adviser under the Advisers Act; (b) The Subadviser is a limited liability company partnership duly organized and properly registered and operating under the laws of the State of Delaware with the power to own and possess its assets and carry on its business as it is now being conducted and as proposed to be conducted hereunder; and (c) The execution, delivery and performance by the Subadviser of this Agreement are within the Subadviser’s powers and have been duly authorized by all necessary actions of its partners, and no action by, or in respect of, or filing with, any governmental body, agency or official is required on the part of the Subadviser for execution, delivery and performance by the Subadviser of this Agreement, and the execution, delivery and performance by the Subadviser of this Agreement do not contravene or constitute a violation of, or a material default under, (i) any provision of applicable law, rule or regulation, (ii) the Subadviser’s governing instruments, or (iii) any agreement, judgment, injunction, order, decree or other instrument binding upon the Subadviser. (d) The Subadviser is not providing commodity interest trading advice with respect to the Fund.

Representations and Warranties of Subadviser. The Subadviser represents and warrants to the Adviser and the Company Fund as follows: (a) The Subadviser is registered as an investment adviser under the Advisers Act; (b) The Subadviser is a limited liability company corporation duly organized and properly registered and operating validly existing under the laws of the State of Delaware with the power to own and possess its assets and carry on its business as it is now being conducted and as proposed to be conducted hereunder; andconducted; (c) The execution, delivery and performance by the Subadviser of this Agreement are within the Subadviser’s 's powers and have been duly authorized by all necessary actions action on the part of its partnersdirectors, trustees and/or shareholders, and no action by, by or in respect of, or filing with, any governmental body, agency or official is required on the part of the Subadviser for the execution, delivery and performance by the Subadviser of this Agreement, and the execution, delivery and performance by the Subadviser of this Agreement do not contravene or constitute a violation of, or a material default under, under (i) any provision of applicable law, rule or regulation, (ii) the Subadviser’s 's governing instruments, or (iii) any material agreement, judgment, injunction, order, decree or other instrument binding upon the Subadviser. (d) The Form ADV of the Subadviser is not providing commodity interest trading advice with respect previously provided to the FundAdviser is a true and complete copy of the form filed with the SEC and the information contained therein is accurate and complete in all material respects.

Representations and Warranties of Subadviser. The Subadviser represents and warrants to the Adviser and the Company as follows: (a) The Subadviser is registered as an investment adviser under the Advisers Act; (b) The Subadviser is a limited liability company partnership duly organized and properly registered and operating under the laws of the State of Delaware with the power to own and possess its assets and carry on its business as it is now being conducted and as proposed to be conducted hereunder; and (c) The execution, delivery and performance by the Subadviser of this Agreement are within the Subadviser’s powers and have been duly authorized by all necessary actions of its partners, and no action by, or in respect of, or filing with, any governmental body, agency or official is required on the part of the Subadviser for execution, delivery and performance by the Subadviser of this Agreement, and the execution, delivery and performance by the Subadviser of this Agreement do not contravene or constitute a violation of, or a material default under, (i) any provision of applicable law, rule or regulation, (ii) the Subadviser’s governing instruments, or (iii) any agreement, judgment, injunction, order, decree or other instrument binding upon the Subadviser. (d) The Subadviser is not providing commodity interest trading advice with respect to the Fund.