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

Representations and Warranties of the Broker. By its written acceptance of this Agreement, the Broker represents, warrants and agrees that: (a) the Broker is duly organized and existing and in good standing under the laws of the Commonwealth of Kentucky; (b) the Broker is empowered under applicable laws and by its Articles of Incorporation and By-Laws to enter into and perform this Agreement, and all requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement; (c) the Broker is duly registered and licensed as a broker-dealer and will notify the Fund in the event that its status as a registered broker-dealer changes; (d) the Broker has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement; and (e) the Broker will comply with applicable laws and regulations as they relate to this Agreement.

Representations and Warranties of the Broker. By its written acceptance of this Agreement, the Broker represents, warrants and agrees that: (a) the Broker is duly organized and existing and in good standing under the laws of the Commonwealth of Kentucky; (b) the Broker is empowered under applicable laws and by its Articles of Incorporation and By-Laws to enter into and perform this Agreement, and all requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement; (c) the Broker is duly registered and licensed as a broker-dealer and will notify the Fund in the event that its status as a registered broker-dealer changes; (d) the Broker has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement; and (e) the Broker will comply with applicable laws and regulations as they relate to this Agreement.