The Adviser’s Representations. The Adviser represents, warrants and agrees that (i) it is registered as an investment adviser under the Advisers Act and has all requisite power and authority to enter into and perform its obligations under this Agreement, and has taken all necessary corporate action to authorize its execution, delivery and performance of this Agreement; and (ii) it has the authority under the Advisory Agreement to appoint the Sub-Adviser;. The Adviser further represents, warrants and agrees that is duly organized and properly registered and operating under the laws of Delaware with the power to own its assets and carry on its business as it is now being conducted and as proposed to be conducted under the terms of this Agreement.
Appears in 3 contracts
Sources: Subsidiary Sub Advisory Agreement (Tidal Trust II), Subsidiary Sub Advisory Agreement (Tidal Trust III), Subsidiary Sub Advisory Agreement (Tidal Trust II)