Common use of Representations of the Fund Clause in Contracts

Representations of the Fund. The Fund represents and warrants to the Custodian that: (a) it has the power and authority to enter into and perform its obligations under this Agreement, and it has duly authorized and executed this Agreement so as to constitute its valid and binding obligation; (b) it is in material compliance with all applicable laws and regulations, including but not limited to the 1940 Act and rules and regulations thereunder; and (c) in giving any instructions which purport to be “Proper Instructions” under this Agreement, the Fund will act in accordance with the provisions of its certificate of incorporation and bylaws and any applicable laws and regulations.

Representations of the Fund. The Fund represents and warrants to the Custodian that: (a) it has the power and authority to enter into and perform its obligations under this Agreement, and it has duly authorized and executed this Agreement so as to constitute its valid and binding obligation; (b) it is in material compliance with all applicable laws and regulations, including but not limited to the 1940 Act and rules and regulations thereunder; and (c) in giving any instructions which purport to be “Proper Instructions” under this Agreement, the Fund will act in accordance with the provisions of its certificate agreement and declaration of incorporation trust and bylaws and any applicable laws and regulations.

Representations of the Fund. The Fund represents and warrants to the Custodian that: (a) it has the power and authority to enter into and perform its obligations under this Agreement, and it has duly authorized and executed this Agreement so as to constitute its valid and binding obligation; (b) it is in material compliance with all applicable laws and regulations, including but not limited to the 1940 Act and rules and regulations thereunder; and (c) in giving any instructions which purport to be “Proper Instructions” under this Agreement, the Fund will act in accordance with the provisions of its certificate declaration of incorporation trust and bylaws and any applicable laws and regulations.

Representations of the Fund. The Fund represents and warrants to the Custodian that: : (a) it has the power and authority to enter into and perform its obligations under this Agreement, and it has duly authorized and executed this Agreement so as to constitute its valid and binding obligation; ; (b) it is in material compliance with all applicable laws and regulations, including but not limited to the 1940 Act and rules and regulations thereunder; and and (c) in giving any instructions which purport to be “Proper Instructions” under this Agreement, the Fund will act in accordance with the provisions of its certificate of incorporation and bylaws operating agreement and any applicable laws and regulations.

Representations of the Fund. The Fund represents and warrants to the Custodian that: (a) it has the power and authority to enter into and perform its obligations under this Agreement, and it has duly authorized and executed this Agreement so as to constitute its valid and binding obligation; (b) it is in material compliance with all applicable laws and regulations, including but not limited to the 1940 Act and rules and regulations thereunder; and (c) in giving any instructions which purport to be “Proper Instructions” under this Agreement, the Fund will act in accordance with the provisions of its certificate of incorporation and bylaws operating agreement and any applicable laws and regulations.

Representations of the Fund. The Fund represents and warrants to the Custodian that: (a) it has the power and authority to enter into and perform its obligations under this Agreement, and it has duly authorized and executed this Agreement so as to constitute its valid and binding obligation; (b) to the best of its knowledge, it is in material compliance with all applicable laws and regulations, including but not limited to the 1940 Act and rules and regulations thereunder; and (c) in giving any instructions which purport to be “Proper Instructions” under this Agreement, the Fund will act in accordance with the provisions of its certificate of incorporation and bylaws and any applicable laws and regulations.

Representations of the Fund. The Fund represents and warrants to the Custodian that: (a) it has the power and authority to enter into and perform its obligations under this Agreement, and it has duly authorized and executed this Agreement so as to constitute its valid and binding obligation; (b) it is in material compliance with all applicable laws and regulations, including but not limited to the 1940 Act and rules and regulations thereunderthereunder applicable to BDCs; and (c) in giving any instructions which purport to be “Proper Instructions” under this Agreement, the Fund will act in accordance with the provisions of its certificate of incorporation and bylaws and any applicable laws and regulations.

Representations of the Fund. The Fund represents and warrants to the Custodian that: that (a) it has the all necessary power and authority to enter into and perform its obligations under hereunder, (b) the execution and delivery by it of this Agreement, and the performance by it has of its obligations hereunder, have been duly authorized by all necessary action and executed will not violate any law, regulation, charter, by-law, or other instrument, restriction or provision applicable to it or by which it or its assets may be bound, and (c) this Agreement so as to constitute its constitutes a legal, valid and binding obligation; (b) obligation of the Fund, enforceable against it is in material compliance with all applicable laws and regulations, including but not limited to the 1940 Act and rules and regulations thereunder; and (c) in giving any instructions which purport to be “Proper Instructions” under this Agreement, the Fund will act in accordance with the provisions of its certificate of incorporation and bylaws and any applicable laws and regulationsterms.

Representations of the Fund. The Fund represents and warrants to the Custodian that: (a) it has the power and authority to enter into and perform its obligations under this Agreement, and it has duly authorized and executed this Agreement so as to constitute its valid and binding obligation; (b) it is in compliance, in all material compliance respects, with all applicable laws and regulations, including but not limited to the provisions of the 1940 Act and the rules and regulations thereunderthereunder applicable to BDCs; and (c) in giving any instructions which purport to be “Proper Instructions” under this Agreement, the Fund will act in accordance with the provisions of its certificate of incorporation and bylaws and any applicable laws and regulations.