Representations and Warranties of the Bank. The Bank represents and warrants to the Trust that: It is a banking company duly organized and existing and in good standing under the laws of the State of New York. It is duly qualified to carry on its business in the State of New York. It is empowered under applicable laws and by its Charter and By-Laws to act as transfer agent and dividend disbursing agent and to enter into, and perform its obligations under, this Agreement. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement. It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement.
Appears in 55 contracts
Sources: Transfer Agency and Service Agreement (Bitwise Chainlink ETF), Transfer Agency and Service Agreement (21Shares Solana ETF), Transfer Agency and Service Agreement (21Shares XRP ETF)
Representations and Warranties of the Bank. 3.1 The Bank represents and warrants to the Trust that: It is a banking company duly organized and existing and in good standing under the laws of the State of New York. It is duly qualified to carry on its business in the State of New York. It is empowered under applicable laws and by its Charter and By-Laws to act as transfer agent and dividend disbursing agent and to enter into, into and perform its obligations under, this Agreement. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement. It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement.
Appears in 25 contracts
Sources: Services Agreement (GreenHaven Coal Fund), Services Agreement (Greenhaven Coal Index Fund), Transfer Agency and Service Agreement (Powershares Actively Managed Exchange-Traded Fund Trust)
Representations and Warranties of the Bank. 3.1 The Bank represents and warrants to the each Trust that: It is a banking company duly organized and existing and in good standing under the laws of the State of New York. It is duly qualified to carry on its business in the State of New York. It is empowered under applicable laws and by its Charter and By-Laws to act as transfer agent and dividend disbursing agent and to enter into, into and perform its obligations under, this Agreement. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement. It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement.
Appears in 15 contracts
Sources: Transfer Agency and Service Agreement (PowerShares Exchange-Traded Fund Trust II), Transfer Agency and Service Agreement (PowerShares Exchange-Traded Fund Trust II), Transfer Agency and Service Agreement (Powershares Actively Managed Exchange-Traded Fund Trust)
Representations and Warranties of the Bank. Section 3.1. The Bank represents and warrants to the Trust that: It is a banking company corporation duly organized and existing and in good standing under the laws of the State of New York. It is duly qualified to carry on its business in the State of New York. It is empowered under applicable laws and by its Charter and By-Laws to act as transfer agent and dividend disbursing agent and to enter into, into and perform its obligations under, this Agreement. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement. It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement.
Appears in 4 contracts
Sources: Transfer Agency and Service Agreement (First Trust Exchange-Traded Fund Iv), Transfer Agency and Service Agreement (First Trust Exchange-Traded Fund Iv), Transfer Agency and Service Agreement (First Trust Exchange-Traded Fund Ii)
Representations and Warranties of the Bank. The Bank represents and warrants to the Trust that: :
10.1 It is a banking company duly organized and existing and in good standing under the laws of the State of New York. .
10.2 It is duly qualified to carry on its business in the State of New York. .
10.3 It is empowered under applicable laws and by its Charter and By-Laws to act as transfer agent and dividend disbursing agent and to enter into, into and perform its obligations under, this Agreement. .
10.4 All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement. .
10.5 It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement.
10.6 It is in full material compliance with all applicable federal state and New York laws with respect to its duties under this Agreement.
Appears in 3 contracts
Sources: Transfer Agency and Service Agreement (WisdomTree Trust), Transfer Agency and Service Agreement (WisdomTree Trust), Transfer Agency and Service Agreement (WisdomTree Trust)
Representations and Warranties of the Bank. The Bank represents and warrants to the each Trust that: It is a banking company duly organized and existing and in good standing under the laws of the State of New York. It is duly qualified to carry on its business in the State of New York. It is empowered under applicable laws and by its Charter and By-Laws to act as transfer agent and dividend disbursing agent and to enter into, and perform its obligations under, this Agreement. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement. It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement.
Appears in 3 contracts
Sources: Transfer Agency and Service Agreement (BNP Paribas L/S Commodities Trust), Transfer Agency and Service Agreement (Jefferies Commodity Real Return ETF), Transfer Agency and Service Agreement (Jefferies S&P 500 VIX Short-Term Futures ETF)
Representations and Warranties of the Bank. 3.1 The Bank represents and warrants to the Trust and each Fund that: It is a banking company duly organized and existing and in good standing under the laws of the State of New York. It is duly qualified to carry on its business in the State of New York. It is empowered under applicable laws and by its Charter and By-Laws to act as transfer agent and dividend disbursing agent and to enter into, into and perform its obligations under, this Agreement. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement. It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement.
Appears in 3 contracts
Sources: Transfer Agency and Service Agreement (DB Multi-Sector Commodity Master Trust), Transfer Agency and Service Agreement (DB US Dollar Index Master Trust), Transfer Agency and Service Agreement (PowerShares DB Multi-Sector Commodity Trust)
Representations and Warranties of the Bank. 3.1 The Bank represents and warrants to the Trust that: It is a banking company duly organized and existing and in good standing under the laws of the State of New York. It is duly qualified to carry on its business in the State of New York. It is empowered under applicable laws and by its Charter and By-Laws to act as transfer agent and dividend disbursing agent and to enter into, and perform its obligations under, this Agreement. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement. It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement.
Appears in 2 contracts
Sources: Transfer Agency and Service Agreement (Claymore Exchange-Traded Fund Trust), Transfer Agency and Service Agreement (Claymore Exchange-Traded Fund Trust 2)
Representations and Warranties of the Bank. The Bank represents and warrants to the Trust Fund that: It is a banking company duly organized and existing and in good standing under the laws of the State of New York. It is duly qualified to carry on its business in the State of New York. It is empowered under applicable laws and by its Charter and By-Laws to act as transfer agent and dividend disbursing agent and to enter into, and perform its obligations under, this Agreement. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement. It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement.
Appears in 2 contracts
Sources: Transfer Agency and Service Agreement (Grayscale CoinDesk Crypto 5 ETF), Transfer Agency and Service Agreement (Grayscale Digital Large Cap Fund LLC)
Representations and Warranties of the Bank. The Bank represents and warrants to the Trust that: It is a banking company duly organized and existing and in good standing under the laws of the State of New York. It is duly qualified to carry on its business in the State of New York. It is empowered under applicable laws and by its Charter charter and By-Laws to act as transfer agent and dividend disbursing agent and to enter into, and perform its obligations under, this Agreement. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement. It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement.
Appears in 1 contract
Representations and Warranties of the Bank. The Bank represents and warrants to the Trust each Fund that: It is a banking company duly organized and existing and in good standing under the laws of the State of New York. It is duly qualified to carry on its business in the State of New York. It is empowered under applicable laws and by its Charter and By-Laws to act as transfer agent and dividend disbursing agent and to enter into, and perform its obligations under, this Agreement. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement. It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement.
Appears in 1 contract
Sources: Transfer Agency and Service Agreement (STREAM S&P Dynamic Roll Global Commodities Fund)
Representations and Warranties of the Bank. SECTION 3.1. The Bank represents and warrants to the Trust that: It is a banking company corporation duly organized and existing and in good standing under the laws of the State of New York. It is duly qualified to carry on its business in the State of New York. It is empowered under applicable laws and by its Charter and By-Laws to act as transfer agent and dividend disbursing agent and to enter into, into and perform its obligations under, this Agreement. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement. It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement.
Appears in 1 contract
Sources: Transfer Agency and Service Agreement (First Trust Exchange-Traded Alphadex Fund)
Representations and Warranties of the Bank. Section 3.1. The Bank represents and warrants to the Trust that: It is a banking company duly organized and existing and in good standing under the laws of the State of New York. It is duly qualified to carry on its business in the State of New York. It is empowered under applicable laws and by its Charter and By-Laws to act as transfer agent and dividend disbursing agent and to enter into, into and perform its obligations under, this Agreement. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement. It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement.
Appears in 1 contract
Sources: Transfer Agency and Service Agreement (First Trust Exchange-Traded Fund)
Representations and Warranties of the Bank. 3.1 The Bank represents and warrants to the Trust that: It is a banking company duly organized and existing and in good standing under the laws of the State of New York. It is duly qualified to carry on its business in the State of New York. It is empowered under applicable laws and by its Charter and By-Laws to act as transfer agent and dividend disbursing agent and to enter into, and perform its obligations under, this Agreement. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement. It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement.
Appears in 1 contract
Sources: Transfer Agency and Service Agreement (Market Vectors Trust)