Common use of FURTHER CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND AND THE ACQUIRED FUND Clause in Contracts

FURTHER CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND AND THE ACQUIRED FUND. If any of the conditions set forth below have not been satisfied on or before the Closing Date with respect to the Selling Trust, on behalf of the Acquired Fund, or the Acquiring Trust, on behalf of the Acquiring Fund, the other party to this Agreement shall, at its option, not be required to consummate the transactions contemplated by this Agreement:

Appears in 11 contracts

Samples: Agreement and Plan of Reorganization (PHOENIX PHOLIOs), Agreement and Plan of Reorganization (Phoenix Multi Series Trust), Agreement and Plan of Reorganization (Phoenix Multi Portfolio Fund)

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FURTHER CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND AND THE ACQUIRED FUND. If any of the conditions set forth below have do not been satisfied exist on or before the Closing Date with respect to the Selling Trust, on behalf of the Acquired Fund, Fund or the Acquiring Trust, on behalf of the Acquiring Fund, the other party to this Agreement shall, at its option, not be required to consummate the transactions contemplated by this Agreement:

Appears in 7 contracts

Samples: Agreement and Plan of Reorganization (Schwartz Investment Trust), Agreement and Plan of Reorganization (Cutler Trust), Agreement and Plan of Reorganization (Touchstone Funds Group Trust)

FURTHER CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND AND THE ACQUIRED FUND. If any of the conditions set forth below have not been satisfied on or before the Closing Date with respect to the Selling Trust, on behalf of the Acquired Fund, or the Acquiring TrustCompany, on behalf of the Acquiring Fund, the other party to this Agreement shall, at its option, not be required to consummate the transactions contemplated by this Agreement:

Appears in 7 contracts

Samples: Form of Agreement and Plan of Reorganization (Ing International Fund Inc), Form of Agreement and Plan of Reorganization (Ing Series Fund Inc), Form of Agreement and Plan of Reorganization (Ing Series Fund Inc)

FURTHER CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND AND THE ACQUIRED FUND. If any of the conditions set forth below have not been satisfied on or before the Closing Date with respect to the Selling Trust, on behalf of the Acquired Fund, or the Acquiring Trust, on behalf of the Acquiring Fund, the other party to this Agreement shall, at its option, not be required to consummate the transactions contemplated by this Agreement:

Appears in 6 contracts

Samples: Form of Agreement and Plan of Reorganization (Ing Equity Trust), Form of Agreement and Plan of Reorganization (Pilgrim Funds Trust), Form of Agreement and Plan of Reorganization (Pilgrim Funds Trust)

FURTHER CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND AND THE ACQUIRED FUND. If any of the conditions set forth below have not been satisfied on or before the Closing Date with respect to the Selling Trust, on behalf of the Acquired Fund, Fund or the Acquiring Trust, on behalf of with respect to the Acquiring Fund, the other party to this Agreement shall, at its option, not be required to consummate the transactions contemplated by this Agreement:

Appears in 5 contracts

Samples: Form of Agreement and Plan of Reorganization (Lincoln Variable Insurance Products Trust), Agreement and Plan of Reorganization (Lincoln Variable Insurance Products Trust), Agreement and Plan of Reorganization (Lincoln Variable Insurance Products Trust)

FURTHER CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND AND THE ACQUIRED FUND. If any of the conditions set forth below have not been satisfied on or before the Closing Date with respect to the Selling TrustCompany, on behalf of the Acquired Fund, or the Acquiring Trust, on behalf of the Acquiring Fund, the other party to this Agreement shall, at its option, not be required to consummate the transactions contemplated by this Agreement:

Appears in 5 contracts

Samples: Agreement and Plan of Reorganization (Munder Funds Trust), Form of Agreement and Plan of Reorganization (Ing Funds Trust), Form of Agreement and Plan of Reorganization (Ing Mutual Funds)

FURTHER CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND AND THE ACQUIRED FUND. If any of the conditions set forth below have not been satisfied on or before the Closing Date with respect to the Selling Trust, on behalf of the Acquired Fund, Fund or the Acquiring Trust, on behalf of the Acquiring Fund, the other party to this Agreement shall, at its option, not be required to consummate the transactions contemplated by this Agreement:

Appears in 5 contracts

Samples: Form of Agreement and Plan of Reorganization (TCW Funds Inc), Form of Agreement and Plan of Reorganization (Pilgrim Gnma Income Fund Inc), Form of Agreement and Plan of Reorganization (TCW Galileo Funds Inc)

FURTHER CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND AND THE ACQUIRED FUND. If any of the conditions set forth below have not been satisfied on or before the Closing Date with respect to the Selling Trust, on behalf of the Acquired Fund, or the Acquiring Trust, on behalf of the Acquiring Fund, the other party to this Agreement shallshall be entitled, at its option, not be required to refuse to consummate the transactions contemplated by this Agreement:

Appears in 4 contracts

Samples: Agreement and Plan of Reorganization (JPMorgan Trust I), Agreement and Plan of Reorganization (JPMorgan Trust I), Agreement and Plan of Reorganization (JPMorgan Trust I)

FURTHER CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND AND THE ACQUIRED FUND. If any of the conditions set forth below have not been satisfied on or before the Closing Date with respect to the Selling TrustTrust I, on behalf of the Acquired Fund, or the Acquiring TrustTrust II, on behalf of the Acquiring Fund, the other party to this Agreement shallshall be entitled, at its option, not be required to refuse to consummate the transactions contemplated by this Agreement:

Appears in 2 contracts

Samples: Form of Agreement (Jpmorgan Trust Ii), Form of Agreement and Plan of Reorganization (Jpmorgan Trust Ii)

FURTHER CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND AND THE ACQUIRED FUND. If any of the conditions set forth below have not been satisfied on or before the Closing Date with respect to the Selling Trust, on behalf of the Acquired Fund, or the Acquiring Trust, on behalf of with respect to the Acquiring Fund, respectively, the other party to this Agreement shall, at its option, not be required to consummate the transactions contemplated by this Agreement:

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Mercer Funds), Agreement and Plan of Reorganization (Mercer Funds)

FURTHER CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND AND THE ACQUIRED FUND. If any of the conditions set forth below have not been satisfied on or before the Closing Date with respect to the Selling Trust, on behalf of either the Acquired Fund, Fund or the Acquiring Trust, on behalf of the Acquiring Fund, the other party to this Agreement shall, at its option, not be required to consummate the transactions contemplated by this Agreement:

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Griffin Institutional Access Credit Fund), Agreement and Plan of Reorganization (Griffin-Benefit Street Partners BDC Corp.)

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FURTHER CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND AND THE ACQUIRED FUND. If any of the conditions set forth below have not been satisfied on or before the Closing Date with respect to either the Selling Trust, on behalf of the Acquired Fund, or the Acquiring Trust, on behalf of the Acquiring Fund, the other party to this Agreement shall, at its option, not be required to consummate the transactions contemplated by this Agreement:

Appears in 2 contracts

Samples: Form of Agreement (Financial Investors Variable Insurance Trust), Form of Agreement and Plan of Reorganization (Financial Investors Variable Insurance Trust)

FURTHER CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND AND THE ACQUIRED FUND. If any of the conditions set forth below have not been satisfied on or before the Closing Date with respect to the Selling TrustTrust I, on behalf of the Acquired Fund, Fund or the Acquiring Trust, on behalf of the Acquiring Fund, the other party to this Agreement shallshall be entitled, at its option, not be required to refuse to consummate the transactions contemplated by this Agreement:

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (JPMorgan Trust I)

FURTHER CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND AND THE ACQUIRED FUND. If any of the conditions set forth below have not been satisfied on or before the Closing Date with respect to the Selling TrustTrust II, on behalf of the Acquired Fund, or the Acquiring TrustTrust I, on behalf of the Acquiring Fund, the other party to this Agreement shallshall be entitled, at its option, not be required to refuse to consummate the transactions contemplated by this Agreement:

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (JPMorgan Trust I)

FURTHER CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND AND THE ACQUIRED FUND. If any of the conditions set forth below have not been satisfied on or before the Closing Date with respect to the Selling Acquired Trust, on behalf of the Acquired Fund, or the Acquiring Trust, on behalf of the Acquiring Fund, the other party to this Agreement shallshall be entitled, at its option, not be required to refuse to consummate the transactions contemplated by this Agreement:

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Jpmorgan Trust Ii)

FURTHER CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND AND THE ACQUIRED FUND. If any of the conditions set forth below have not been satisfied on or before the Closing Date with respect to the Selling Trust, Company on behalf of the Acquired Fund, Fund or the Acquiring Trust, Trust on behalf of the Acquiring Fund, the other party to this Agreement shall, at its option, not be required to consummate the transactions contemplated by this Agreement:

Appears in 1 contract

Samples: Form of Agreement and Plan of Reorganization (Ing Funds Trust)

FURTHER CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND AND THE ACQUIRED FUND. If any of the conditions set forth below have not been satisfied on or before the Closing Date with respect to the Selling Trust, on behalf of the Acquired Fund, Corporation or the Acquiring Trust, on behalf of the Acquiring Fund, the other party to this Agreement shallshall be entitled, at its option, not be required to refuse to consummate the transactions contemplated by this Agreement:

Appears in 1 contract

Samples: Form of Agreement (Jpmorgan Trust Ii)

FURTHER CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND AND THE ACQUIRED FUND. If any of the conditions set forth below have not been satisfied on or before the Closing Date with respect to the Selling Trust, on behalf of the Acquired Fund, or the Acquiring Trust, Fund and on behalf of the Acquiring Fund, the other party to this Agreement shallmay, at its option, not be required refuse to consummate the transactions contemplated by this Agreement:

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (New Century Portfolios)

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