Common use of Merger, Dissolution, etc. of Fund Clause in Contracts

Merger, Dissolution, etc. of Fund. In the case of the following --------------------------------- transactions, not in the ordinary course of business, namely, the merger of the Fund into or the consolidation of the Fund with another investment company, the sale by the Fund of all, or substantially all, of its assets to another investment company, or the liquidation or dissolution of the Fund and distribution of its assets, the Bank will deliver the Portfolio Securities held by it under this Agreement and disburse cash only upon the order of the Fund set forth in an Officers' Certificate, accompanied by a certified copy of a resolution of the Board authorizing any of the foregoing transactions. Upon completion of such delivery and disbursement and the payment of the fees through the end of the then current term of this Agreement, and disbursements and expenses of the Bank, and provided that at such time the Bank is not in material breach of this Agreement or owing money to the Fund, this Agreement will terminate and the Bank shall be released from any and all obligations hereunder.

Appears in 2 contracts

Samples: Custodian Agreement (Ishares Trust), Custodian Agreement (Ishares Trust)

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Merger, Dissolution, etc. of Fund. In the case of the following --------------------------------- transactions, not in the ordinary course of business, namely, the merger of the Fund into or the consolidation of the Fund with another investment company, the sale by the Fund of all, or substantially all, of its assets to another investment company, or the liquidation or dissolution of the Fund and distribution of its assets, the Bank will deliver the Portfolio Securities held by it under this Agreement and disburse cash only upon the order of the Fund set forth in an Officers' Certificate, accompanied by a certified copy of a resolution of the Board authorizing any of the foregoing transactions. Upon completion of such delivery and disbursement and the payment of the fees through the end of the then current term of this Agreement, and disbursements and expenses of the Bank, Bank and provided that at such time satisfactory completion of any other duties and obligations of the Bank is not in material breach of this Agreement or owing money to the Fundhereunder, this Agreement will terminate and the Bank shall be released from any and all obligations hereunder.

Appears in 2 contracts

Samples: Custodian Agreement (Fulcrum Trust), Custodian Agreement (Allmerica Investment Trust)

Merger, Dissolution, etc. of Fund. In the case of the following --------------------------------- transactions, not in the ordinary course of business, namely, the merger of the Fund into or the consolidation of the Fund with another investment company, the sale by the Fund of all, or substantially all, of its assets to another investment company, or the liquidation or dissolution of the Fund and distribution of its assets, the Bank will deliver the Portfolio Securities held by it under this Agreement and disburse cash only upon the order of the Fund set forth in an Officers' Certificate, accompanied by a certified copy of a resolution of the Board authorizing any of the foregoing transactions. Upon completion of such delivery and disbursement and the payment of the fees through the end of the then current term of this Agreement, and disbursements and expenses of the Bank, Bank and provided that at such time satisfactory completion of any other duties and obligations of the Bank is not in material breach of this Agreement or owing money to the Fundhereunder, this Agreement will terminate and the Bank shall be released from any and all obligations hereunder.

Appears in 1 contract

Samples: Custodian Agreement (Allmerica Investment Trust)

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Merger, Dissolution, etc. of Fund. In the case of the following --------------------------------- transactions, not in the ordinary course of business, namely, the merger of the Fund into or the consolidation of the Fund with another investment company, the sale by the Fund of all, or substantially all, of its assets to another investment company, or the liquidation or dissolution of the Fund and distribution of its assets, the Bank will deliver the Portfolio Securities held by it under this Agreement and disburse cash only upon the order of the Fund set forth in an Officers' Certificate, accompanied by a certified copy of a resolution of the Board authorizing any of the foregoing transactions. Upon completion of such delivery and disbursement and the payment of the fees through the end of the then current term of this Agreement, and disbursements and expenses of the Bank, Bank and provided that at such time satisfactory completion of any other duties and obligations of the Bank is not in material breach of this Agreement or owing money to the Fundhereunder, this Agreement will terminate and the Bank shall be released from any and all obligations hereunder.

Appears in 1 contract

Samples: Custodian Agreement (Allmerica Prime Trust)

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