REPRESENTATIONS OF THE ACQUIRING FUND. The Acquiring Fund represents and warrants to the Selling Fund as follows: (a) The Acquiring Fund is a separate investment series of a Massachusetts business trust duly organized, validly existing and in good standing under the laws of the Commonwealth of Massachusetts.; (b) The Acquiring Fund is a separate investment series of a Massachusetts business trust that is registered as an investment company classified as a management company of the open-end type and its registration with the Commission as an investment company under the 1940 Act is in full force and effect;
Appears in 5 contracts
Samples: Agreement and Plan of Reorganization (Evergreen Fund), Agreement and Plan of Reorganization (Evergreen Investment Trust), Agreement and Plan of Reorganization (Evergreen Investment Trust)
REPRESENTATIONS OF THE ACQUIRING FUND. The Acquiring Fund represents and warrants to the Selling Fund as follows: (a) The Acquiring Fund is a separate investment series of a Massachusetts business trust duly organized, validly existing and in good standing under the laws of the Commonwealth of Massachusetts.; (b) The Acquiring Fund is a separate investment series of a Massachusetts business trust that is registered as an investment company classified as a management company of the open-end type and its registration with the Commission as an investment company under the 1940 Act is in full force and effect;
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Evergreen Money Market Trust), Agreement and Plan of Reorganization (Evergreen Money Market Trust), Agreement and Plan of Reorganization (Evergreen Growth & Income Fund /Ny/)
