STATUS OF FUND Clause Samples

The 'Status of Fund' clause defines the legal and operational standing of the fund within the context of the agreement. It typically clarifies whether the fund is a separate legal entity, its registration status, and its compliance with relevant laws or regulations. For example, it may specify that the fund is duly organized under a particular jurisdiction and is authorized to conduct investment activities. This clause ensures all parties understand the fund's legitimacy and capacity to enter into the agreement, thereby reducing uncertainty and legal risk.
STATUS OF FUND. The Distributor hereby represents that each Series (i) of the First Trust Exchange-Traded Fund (ii) of the First Trust Exchange-Traded Fund II, and (iii) of the First Trust Exchange-Traded AlphaDEX (TM) Fund is a registered open ended investment company operating in accordance with the exemptive order granted under 812-13000 and I.C. Release No. 27068 dated September 20, 2005, as the same may be amended from time to time, and I.C. Release No. 27051 dated August 26, 2005 and any additional I.C. Releases related to such amendments. FIRST TRUST PORTFOLIOS, L.P. By Name:_______________________________________ Title:______________________________________ Address: 1001 Warrenville Road ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Telephone: (630) 241-8798 Facsimile: (630) 322-7437 ----------------------------- By Name:_______________________________________ Title:______________________________________ Address: _______________________________ _______________________________ Telephone:_____________________________________ Facsimile:_____________________________________ THE BANK OF NEW YORK, as Transfer Agent
View SourceView Similar (5)
STATUS OF FUND. The Distributor hereby represents that each Series (i) of the First Trust Exchange-Traded Fund (ii) of the First Trust Exchange-Traded Fund II, and (iii) of the First Trust Exchange-Traded AlphaDEX (TM) Fund is a registered open ended investment company operating in accordance with the exemptive order granted under 812-13000 and I.C. Release No. 27068 dated September 20, 2005, as the same may be amended from time to time, and I.C. Release No. 27051 dated August 26, 2005 and any additional I.C. Releases related to such amendments. FIRST TRUST PORTFOLIOS, L.P.
View SourceView Similar (2)
STATUS OF FUND. The Fund shall be the property of the Foundation, held in its corporate capacity, and shall not be deemed a trust fund held by it in a trustee capacity. It is intended that the Fund will be a component fund of the Foundation. The Foundation shall have the ultimate authority and control over all property in the Fund, and the earnings derived therefrom, in accordance with the Articles of Incorporation, By-Laws, and other governing instruments of the Foundation (as they may be amended from time to time), and the terms of this Agreement applied in a manner not inconsistent with said Articles, By-Laws, and other governing instruments.
View SourceView Similar (2)
STATUS OF FUND. The Distributor hereby represents that each Series of the Trust(s) are registered open ended investment companies operating in accordance with the exemptive order granted under 812-13000 and I.C. Release No. 27068 dated September 20, 2005, as the same may be amended from time to time, and I.C. Release No. 27051 dated August 26, 2005 and any additional I.C. Releases related to such amendments. FIRST TRUST PORTFOLIOS, L.P. By ------------------------------------- Name: ------------------------------- Title: ------------------------------- Address: 120 E. Liberty Drive, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Telephone: (630) 765-8798 Facsimile: (630) 517-7437 [PARTICIPANT] By ------------------------------------- Name: ------------------------------ Title: ------------------------------ Address: ------------------------------ ------------------------------ Telephone: ------------------------------ Facsimile: ------------------------------ THE BANK OF NEW YORK MELLON, as Transfer Agent By ------------------------------------- Name: ------------------------------- Title: ------------------------------- Address: 101 Barclay Street ▇▇▇ York, New York 10286 Telephone: (212) 815-5031 Facsimile: (212) 815-2889 Dated: ------------------------- SCHEDULE I SERIES OF FIRST TRUST EXCHANGE-TRADED FUND (ALL SERIES) SERIES OF FIRST TRUST EXCHANGE-TRADED FUND II (ALL SERIES) SERIES OF FIRST TRUST EXCHANGE-TRADED FUND IV First Trust North American Energy Infrastructure Index Fund First Trust Tactical High Yield ETF First Trust Senior Load Fund First Trust Enhanced Short Maturity ETF First Trust Strategic Income ETF First Trust Low Duration Opportunities ETF SERIES OF FIRST TRUST EXCHANGE-TRADED FUND VIII (ALL SERIES) SERIES OF FIRST TRUST EXCHANGE-TRADED ALPHADEX(R) FUND (ALL SERIES) Sch.I ATTACHMENT A
View SourceView Similar (2)
STATUS OF FUND. The Distributor hereby represents that each Series of the First Trust Exchange-Traded AlphaDEX Fund II is a registered open ended investment company operating in accordance with the exemptive order granted under 812-13000 and I.C. Release No. 27068 dated September 20, 2005, as the same may be amended from time to time, and I.C. Release No. 27051 dated August 26, 2005 and any additional I.C. Releases related to such amendments. FIRST TRUST PORTFOLIOS, L.P. By ------------------------------------------------ Name:__________________________________________ Title:_________________________________________ Address: 120 E. Liberty Drive, Suite 4▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Telephone: (630) 765-8798 Facsimile: (630) 517-7437 By ------------------------------------------------ Name:__________________________________________ Title:_________________________________________ Address: _______________________________ _______________________________ Telephone:________________________________________ Facsimile:________________________________________ ACCEPTED BY: BROWN BROTHERS HARRIMAN & CO., ▇▇ Transfer Agent By ------------------------------------------------ Name:__________________________________________ Title:_________________________________________ Address: 40 Water Street ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Telephone: (617) 772-2011 Facsimile: (201) 418-4105 Dated: ------------------------ SCHEDULE I SERIES OF FIRST TRUST EXCHANGE-TRADED ALPHADEX(R) FUND II
View Source
STATUS OF FUND. The Fund shall be the property of Encourage BC!, held in its corporate capacity, and shall not be deemed a trust fund held by it in a trustee capacity. It is intended that the Fund will be an asset of Encourage BC!. Encourage BC! shall have the ultimate authority and control over all property in the Fund, and the income derived therefrom, in accordance with the Articles of Incorporation, By-Laws, and other governing instruments of Encourage BC! (as they may be amended from time to time), and the terms of this Agreement applied in a manner not inconsistent with said Articles, By-Laws, and other governing instruments. Notwithstanding the provisions of this paragraph Foundation will make a grant to the Organization of the total proceeds in the Fund as provided in paragraph 7.
View Source

Related to STATUS OF FUND

  • Return of Funds Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment.

  • Allocation of Funds A. The Faculty Development Committee shall approve all applications for reassignment of duties that do not require additional funding and have been endorsed by the applicant’s Division. B. The Faculty Development Committee shall follow the guidelines established in consultation between the parties in deciding which applications for faculty development funding will be approved.

  • Limitation of Funds In no case shall the Government’s financial liability exceed the amount obligated under this Agreement.

  • Loss of Funding Performance by Owner under this Agreement may be dependent upon the appropriation and allotment of funds by the Texas State Legislature (the “Legislature”). If the Legislature fails to appropriate or allot the necessary funds then Owner will issue written notice to Architect/Engineer and Owner may terminate this Agreement without further duty or obligation hereunder. Architect/Engineer acknowledges that appropriation of funds is beyond the control of Owner.

  • Termination of Fund At any time following the first anniversary of the Closing Date, the Surviving Corporation shall be entitled to require the Paying Agent to deliver to it any funds (including any interest received with respect thereto) that had been made available to the Paying Agent and which have not been disbursed to holders of Certificates, and thereafter such holders shall be entitled to look only to Parent and the Surviving Corporation (subject to abandoned property, escheat or other similar Laws) as general creditors thereof with respect to the payment of any Merger Consideration that may be payable upon surrender of any Certificates held by such holders, as determined pursuant to this Agreement, without any interest thereon. Any amounts remaining unclaimed by such holders at such time at which such amounts would otherwise escheat to or become property of any Governmental Authority shall become, to the extent permitted by applicable Law, the property of Parent, free and clear of all claims or interest of any Person previously entitled thereto.