REPRESENTATIONS OF SUB-ADVISER. Sub-adviser represents, warrants and agrees that: (i) Sub-adviser is a Delaware limited liability company established pursuant to the laws of the State of Delaware; (ii) Sub-adviser is duly registered as an “investment adviser” under the Advisers Act. (iii) the execution, delivery and performance of this Agreement are within Sub-adviser’s powers, have been and remain duly authorized by all necessary corporate action and will not violate or constitute a default under any applicable law or regulation or of any decree, order, judgment, agreement or instrument binding on Sub-adviser; (iv) no consent (including, but not limited to, exchange control consents) of any applicable governmental authority or body is necessary, except for such consents as have been obtained and are in full force and effect, and all conditions of which have been duly complied with; and (v) this Agreement constitutes a legal, valid and binding obligation enforceable against Sub-adviser.
Appears in 35 contracts
Sources: Sub Advisory Agreement (Fidelity Commonwealth Trust II), Sub Advisory Agreement (Fidelity Commonwealth Trust II), Sub Advisory Agreement (Fidelity Commonwealth Trust II)
REPRESENTATIONS OF SUB-ADVISER. Sub-adviser represents, warrants and agrees that:
(i) Sub-adviser is a Delaware limited liability company established pursuant to the laws of the State of Delaware;
(ii) Sub-adviser is duly registered as an “"investment adviser” " under the Advisers Act.
(iii) the execution, delivery and performance of this Agreement are within Sub-adviser’s 's powers, have been and remain duly authorized by all necessary corporate action and will not violate or constitute a default under any applicable law or regulation or of any decree, order, judgment, agreement or instrument binding on Sub-adviser;
(iv) no consent (including, but not limited to, exchange control consents) of any applicable governmental authority or body is necessary, except for such consents as have been obtained and are in full force and effect, and all conditions of which have been duly complied with; and
(v) this Agreement constitutes a legal, valid and binding obligation enforceable against Sub-adviser.
Appears in 15 contracts
Sources: Sub Advisory Agreement (Fidelity Commonwealth Trust II), Sub Advisory Agreement (Fidelity Commonwealth Trust II), Sub Advisory Agreement (Fidelity Commonwealth Trust II)