Covenants of the Acquired Fund and the Acquiring Fund Sample Clauses

Covenants of the Acquired Fund and the Acquiring Fund. The Acquired Fund and the Acquiring Fund hereby covenant and agree with the other as follows:
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Covenants of the Acquired Fund and the Acquiring Fund. The Acquiring Trust, on behalf of the Acquiring Fund, and the Trust, on behalf of the Acquired Fund, each hereby covenants and agrees with the other as follows:
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Covenants of the Acquired Fund and the Acquiring Fund. 5.1. The Acquiring Fund and the Acquired Fund will operate their respective businesses in the ordinary course between the date hereof and the Closing Date. It is understood that such ordinary course of business will include the declaration and payment of customary dividends and distributions.
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Covenants of the Acquired Fund and the Acquiring Fund. 5.l. The Acquiring Fund and the Acquired Fund each will operate its business in the ordinary course between the date hereof and the Closing Date. It is understood that such ordinary course of business will include the declaration and payment of customary dividends and distributions and any other dividends and distributions deemed advisable, in each case payable either in cash or in additional shares.
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Covenants of the Acquired Fund and the Acquiring Fund. The Acquired Fund and the Acquiring Fund each hereby covenants and agrees with the other as follows: - EACH OF THE ACQUIRING FUND AND THE ACQUIRED FUND EACH WILL OPERATE ITS BUSINESS IN THE ORDINARY COURSE BETWEEN THE DATE HEREOF AND THE CLOSING DATE, IT BEING UNDERSTOOD THAT SUCH ORDINARY COURSE OF BUSINESS WILL INCLUDE REGULAR AND CUSTOMARY PERIODIC DIVIDENDS AND DISTRIBUTIONS. - THE ACQUIRED FUND WILL CALL A MEETING OF ITS SHAREHOLDERS TO BE HELD PRIOR TO THE CLOSING DATE TO ELECT THE BOARD OF DIRECTORS OF THE ACQUIRED FUND AND TAKE ALL OTHER REASONABLE ACTION NECESSARY TO OBTAIN THE REQUIRED SHAREHOLDER APPROVAL OF THE TRANSACTIONS CONTEMPLATED HEREBY. - IN CONNECTION WITH THE ACQUIRED FUND SHAREHOLDERS' MEETING REFERRED TO IN PARAGRAPH 5.2, THE ACQUIRED FUND WILL PREPARE A PROXY STATEMENT FOR SUCH MEETING, TO BE DISTRIBUTED TO THE ACQUIRED FUND SHAREHOLDERS PURSUANT HERETO, ALL IN COMPLIANCE WITH THE APPLICABLE REQUIREMENTS OF THE 1934 ACT AND THE 1940 ACT. - THE INFORMATION TO BE FURNISHED BY THE ACQUIRED FUND AND THE ACQUIRING FUND FOR USE IN THE PROXY STATEMENT, AS REFERRED TO IN PARAGRAPH 5.3, SHALL BE ACCURATE AND COMPLETE IN ALL MATERIAL RESPECTS AND SHALL COMPLY WITH FEDERAL SECURITIES AND OTHER LAWS AND REGULATIONS THEREUNDER APPLICABLE THERETO. - THE ACQUIRING FUND WILL ADVISE THE ACQUIRED FUND PROMPTLY IF AT ANY TIME PRIOR TO THE CLOSING DATE THE ASSETS OF THE ACQUIRED FUND INCLUDE ANY SECURITIES WHICH THE ACQUIRING FUND IS NOT PERMITTED TO ACQUIRE. - SUBJECT TO THE PROVISIONS OF THIS AGREEMENT, THE ACQUIRED FUND AND THE ACQUIRING FUND WILL EACH TAKE, OR CAUSE TO BE TAKEN, ALL ACTION, AND DO OR CAUSE TO BE DONE, ALL THINGS REASONABLY NECESSARY, PROPER OR ADVISABLE TO CAUSE THE CONDITIONS TO THE OTHER PARTY'S OBLIGATIONS TO CONSUMMATE THE TRANSACTIONS CONTEMPLATED HEREBY TO BE MET OR FULFILLED AND OTHERWISE TO CONSUMMATE AND MAKE EFFECTIVE SUCH TRANSACTIONS. - THE ACQUIRING FUND WILL USE ALL REASONABLE EFFORTS TO OBTAIN THE APPROVALS AND AUTHORIZATIONS REQUIRED BY THE 1933 ACT, THE 1940 ACT AND SUCH OF THE STATE SECURITIES OR "BLUE SKY" LAWS AS IT MAY DEEM APPROPRIATE IN ORDER TO CONTINUE ITS OPERATIONS AFTER THE CLOSING DATE. CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRED FUND. The obligations of the Acquired Fund to consummate the transactions provided for herein shall be subject, at its election, to the performance by the Acquiring Fund of all the obligations to be performed by them hereunder on or before the Closing Date and, in addi...
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Covenants of the Acquired Fund and the Acquiring Fund. 5.1. The Acquiring Fund and the Acquired Fund will operate their respective businesses in the ordinary course between the date hereof and the Closing Date, it being understood that, with respect to the Acquired Fund, such ordinary course of business will include purchases and sales of portfolio securities and other instruments, sales and redemptions of Acquired Fund shares, and the declaration and payment of customary dividends and distributions, and with respect to the Acquiring Fund, it shall be limited to such actions as are customary to the organization of a new series prior to its commencement of operations.
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Covenants of the Acquired Fund and the Acquiring Fund 
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Related to Covenants of the Acquired Fund and the Acquiring Fund

  • COVENANTS OF THE ACQUIRING FUND AND THE ACQUIRED FUND 5.1. The Acquiring Fund and the Acquired Fund each will operate its business in the ordinary course between the date hereof and the Closing Date, it being understood that such ordinary course of business will include the declaration and payment of customary dividends and distributions, and any other distribution that may be advisable.

  • Representations of the Acquired Funds In connection with any investment by an Acquiring Fund in an Acquired Fund in excess of the limitations in Section 12(d)(1)(A), the Acquired 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 Acquired Funds; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquiring Fund if such Acquired Fund fails to comply with the Rule with respect to an investment by the Acquiring Fund, as interpreted or modified by the SEC or its Staff from time to time, or this Agreement.

  • Representations of the Acquiring Fund The Acquiring Fund represents and warrants to the Selling Fund as follows:

  • Representations of the Acquiring Funds (a) In connection with any investment by an Acquiring Fund in an 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 Funds; (ii) comply with its obligations under this Agreement; and (iii) promptly notify the Acquired Fund if such Acquiring Fund fails to comply with the Rule with respect to its investment in such Acquired Fund, as interpreted or modified by the SEC or its Staff from time to time, or this Agreement.

  • CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRED FUND The obligations of the Acquired Fund to complete the transactions provided for herein shall be, at its election, subject to the performance by the Acquiring Fund of all the obligations to be performed by it hereunder on or before the Closing Date, and, in addition thereto, the following further conditions, unless waived by the Acquired Fund in writing:

  • The Acquisition Upon the terms and subject to the conditions hereof, at the Closing (as hereinafter defined) the parties shall do the following:

  • REPRESENTATIONS AND WARRANTIES OF THE ACQUIROR The Acquiror represents and warrants to the Shareholders and the Company as follows:

  • CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND The obligations of the Acquiring Fund to complete the transactions provided for herein shall be, at its election, subject to the performance by the Acquired Fund of all the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

  • Covenants of the Fund and the Transfer Agent 11.1 The Fund shall promptly furnish to the Transfer Agent the following:

  • REPRESENTATIONS OF THE ASSIGNEE The Assignee (i) confirms that it has received a copy of the Credit Agreement, together with copies of the financial statements requested by the Assignee and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Assignment Agreement, (ii) agrees that it will, independently and without reliance upon the Agent, the Assignor or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Loan Documents, (iii) appoints and authorizes the Agent to take such action as agent on its behalf and to exercise such powers under the Loan Documents as are delegated to the Agent by the terms thereof, together with such powers as are reasonably incidental thereto, (iv) agrees that it will perform in accordance with their terms all of the obligations which by the terms of the Loan Documents are required to be performed by it as a Lender, (v) agrees that its payment instructions and notice instructions are as set forth in the attachment to Schedule 1, and (vi) confirms that none of the funds, monies, assets or other consideration being used to make the purchase and assumption hereunder are “plan assets” as defined under ERISA and that its rights, benefits and interests in and under the Loan Documents will not be “plan assets” under ERISA.

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