Common use of REPRESENTATIONS OF THE ACQUIRING FUND Clause in Contracts

REPRESENTATIONS OF THE ACQUIRING FUND. In connection with any investment by the Acquiring Fund in the Acquired Fund in excess of the limitations in Section 12(d)(1)(A), the Acquiring Fund agrees to: (i) comply with all conditions of the Rule, as interpreted or modified by the SEC or its Staff from time to time, applicable to Acquiring Fund; (ii) comply with its obligations under this Agreement; (iii) promptly notify the Acquired Fund when it has invested in the Acquired Fund in an amount which exceeds the limitations in Section 12(d)(1)(A); and (iv) promptly notify the Acquired Fund if such Acquiring Fund fails to comply with the Rule with respect to its investment in the Acquired Fund, as interpreted or modified by the SEC or its Staff from time to time, or this Agreement.

Appears in 3 contracts

Sources: Fund of Funds Investment Agreement (Tidal Trust II), Fund of Funds Investment Agreement (Tidal ETF Trust), Fund of Funds Investment Agreement (Tidal Trust II)

REPRESENTATIONS OF THE ACQUIRING FUND. In connection with any investment by the an Acquiring Fund in the an Acquired Fund in excess of the limitations in Section 12(d)(1)(A), the applicable Acquiring Fund agrees to: (i) comply with all conditions of the Rule, as interpreted or modified by the SEC or its Staff from time to time, applicable to the Acquiring Fund; (ii) comply with its obligations under this Agreement; (iii) promptly notify the applicable Acquired Fund when it has invested in the such Acquired Fund in an amount which exceeds the limitations in Section 12(d)(1)(A); and (iv) promptly notify the applicable Acquired Fund if such Acquiring Fund fails to comply with the Rule with respect to its investment in the Acquired Fund, as interpreted or modified by the SEC or its Staff from time to time, or this Agreement.

Appears in 2 contracts

Sources: Fund of Funds Investment Agreement (EA Series Trust), Fund of Funds Investment Agreement (Tidal Trust II)