Common use of LIABILITIES TO BE ASSUMED Clause in Contracts

LIABILITIES TO BE ASSUMED. Each Transferring Fund will endeavor to discharge to the extent possible, all of its known liabilities and obligations prior to the Closing Date. The Acquiring Fund shall assume all of the Transferring Funds' liabilities and obligations of any kind whatsoever, whether absolute, accrued, contingent or otherwise in existence on the Closing Date.

Appears in 2 contracts

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

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LIABILITIES TO BE ASSUMED. Each The Transferring Fund will endeavor to discharge to the extent possible, all of its known liabilities and obligations prior to the Closing Date. The Acquiring Fund shall assume all of the Transferring Funds' Fund’s liabilities and obligations of any kind whatsoever, whether absolute, accrued, contingent or otherwise in existence on the Closing Date.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Coventry Group), Agreement and Plan of Reorganization (Northern Lights Fund Trust)

LIABILITIES TO BE ASSUMED. Each Transferring Fund will endeavor to discharge will, to the extent possiblepermissible and consistent with its own investment objectives and policies, endeavor in good faith to discharge all of its known liabilities and obligations prior to the Closing Date. The Each Acquiring Fund shall assume all of the corresponding Transferring Funds' Fund’s liabilities and obligations of any kind whatsoever, whether absolute, accrued, contingent or otherwise in existence on the Closing Date.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Advisers Investment Trust), Agreement and Plan of Reorganization (Advisers Investment Trust)

LIABILITIES TO BE ASSUMED. Each The Transferring Fund will endeavor to discharge will, to the extent possiblepracticable, discharge all of its known liabilities and obligations prior to the Closing Date. The Acquiring Fund shall will assume all of the remaining Transferring Funds' liabilities and obligations of any kind whatsoeverFund liabilities, whether absolute, accrued, contingent or otherwise in existence on the Closing Date.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Northern Lights Fund Trust Ii)

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LIABILITIES TO BE ASSUMED. Each The Transferring Fund will endeavor to discharge to the extent possible, all of its known liabilities and obligations prior to the Closing Date. The Acquiring Fund shall assume all of the Transferring Funds' Fund's liabilities and obligations of any kind whatsoever, whether absolute, accrued, contingent or otherwise in existence on the Closing Date.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Dunham Funds)

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