CUSTODIAN’S CERTIFICATE. The Selling Fund shall cause its Custodian, State Street Bank and Trust Company (the "Custodian"), to deliver at the Closing a certificate of an authorized officer stating that: (a) the Selling Fund's portfolio securities, cash and any other assets have been delivered in proper form to the Acquiring Fund on the Closing Date; and (b) all necessary taxes including all applicable federal and state stock transfer stamps, if any, have been paid, or provision for payment shall have been made, in conjunction with the delivery of portfolio securities by the Selling Fund.
Appears in 3 contracts
Sources: Agreement and Plan of Reorganization (Janus Investment Fund), Agreement and Plan of Reorganization (Janus Investment Fund), Agreement and Plan of Reorganization (Janus Adviser Series)
CUSTODIAN’S CERTIFICATE. The Selling Fund shall cause its Custodian, instruct State Street Bank and Trust Company (Company, in its capacity as custodian for the "Custodian")Selling Fund, to deliver at the Closing a certificate of an authorized officer stating that: (a) the Selling Fund's portfolio securities, cash cash, and any other assets shall have been delivered in proper form to the Acquiring Fund on the Closing Date; and (b) all necessary taxes including all applicable federal and state stock transfer stamps, if any, shall have been paid, or provision for payment shall have been made, in conjunction with the delivery of portfolio securities by the Selling Fund.
Appears in 2 contracts
Sources: Reorganization Agreement (Berger Growth Fund Inc), Agreement and Plan of Reorganization (Berger Investment Portfolio Trust)