The Exchange. Subject to the terms and conditions contained herein and on the basis of the representations and warranties contained herein, the Selling Fund agrees to transfer all of its assets, as set forth in Section 1.2, to the Acquiring Fund. In exchange, the Acquiring Fund agrees: (i) to deliver to the Selling Fund the number of full and fractional Acquiring Fund Shares, computed in the manner set forth in Section 2.3; and (ii) to assume all of the liabilities of the Selling Fund, as set forth in Section 1.3. Such transactions shall take place at the closing provided for in Section 3.1 (the “Closing”).
Appears in 5 contracts
Samples: Form of Agreement and Plan of Reorganization (Financial Investors Trust), Form of Agreement and Plan of Reorganization (Financial Investors Trust), Agreement and Plan of Reorganization (DCA Total Return Fund)
The Exchange. Subject to the terms and conditions contained herein and on the basis of the representations and warranties contained herein, the each Selling Fund agrees to transfer all of its assets, as set forth in Section 1.2, to the Acquiring Fund. In exchange, the Acquiring Fund agrees: (i) to deliver to the respective Selling Fund the number of full and fractional Acquiring Fund Shares, Shares computed in the manner set forth in Section 2.3; and (ii) to assume all of the liabilities of the respective Selling Fund, as set forth in Section 1.3. Such transactions shall take place at the closing provided for in Section 3.1 (the “Closing”).
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Lola Brown Trust 1b), Agreement and Plan of Reorganization (Boulder Growth & Income Fund), Form of Agreement and Plan of Reorganization (Boulder Growth & Income Fund)
The Exchange. Subject to the terms and conditions contained herein and on the basis of the representations and warranties contained herein, the Selling Fund agrees to transfer all of its assets, as set forth in Section 1.2, to the Acquiring Fund. In exchange, the Acquiring Fund agrees: (i) to deliver to the Selling Fund the number of full and fractional Acquiring Fund Class A, Class C, Institutional Class, and Investor Class Shares, computed in the manner set forth in Section 2.3; and (ii) to assume all of the liabilities of the Selling Fund, as set forth in Section 1.3. Such transactions shall take place at the closing provided for in Section 3.1 (the “Closing”).
Appears in 2 contracts
Samples: Form of Agreement and Plan of Reorganization (Financial Investors Trust), Form of Agreement and Plan of Reorganization (Financial Investors Trust)
The Exchange. Subject to the terms and conditions contained herein and on the basis of the representations and warranties contained herein, the Selling Fund agrees to transfer all of its assets, as set forth in Section paragraph 1.2, to the Acquiring Fund. In exchange, the Acquiring Fund agrees: (i) to deliver to the Selling Fund the number of full and fractional Acquiring Fund Shares, computed Shares equivalent in number and in value to the manner set forth Selling Fund shares outstanding immediately prior to the closing (the "Closing") provided for in Section 2.3paragraph 3.1; and (ii) to assume all of the liabilities of the Selling Fund, as set forth in Section 1.3. Such transactions shall take place at the closing provided for in Section 3.1 (the “Closing”).
Appears in 2 contracts
Samples: Form of Agreement and Plan of Reorganization (Janus Investment Fund), Form of Agreement and Plan of Reorganization (Janus Investment Fund)
The Exchange. Subject to the terms and conditions contained herein and on the basis of the representations and warranties contained herein, the Selling Fund agrees to transfer all of its assets, as set forth in Section 1.2, to the Acquiring Fund. In exchange, the Acquiring Fund agrees: (i) to deliver to the Selling Fund the number of full and fractional Acquiring Fund Investor Class and Class L Shares, computed in the manner set forth in Section 2.3; and (ii) to assume all of the liabilities of the Selling Fund, as set forth in Section 1.3. Such transactions shall take place at the closing provided for in Section 3.1 (the “Closing”).
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Financial Investors Trust)
The Exchange. Subject to the terms and conditions contained herein and on the basis of the representations and warranties contained herein, the Selling Fund agrees to transfer all of its assets, as set forth in Section paragraph 1.2, to the Acquiring Fund. In exchange, the Acquiring Fund agrees: (i) to deliver to the Selling Fund the number of full and fractional Acquiring Fund Shares, computed in the manner as set forth in Section paragraphs 1.7 and 2.3; and (ii) to assume all of the liabilities of the Selling Fund, as set forth in Section 1.3. Such transactions shall take place at the closing (the "Closing") provided for in Section 3.1 (the “Closing”)paragraph 3.1.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Janus Adviser Series)
The Exchange. Subject to the terms and conditions contained herein and on the basis of the representations and warranties contained herein, the Selling Fund agrees to transfer all of its assets, as set forth in Section 1.2, to the Acquiring Fund. In exchange, the Acquiring Fund agrees: (i) to deliver to the Selling Fund the number of full and fractional Acquiring Fund Retail and Institutional Shares, computed in the manner set forth in Section 2.3; and (ii) to assume all of the liabilities of the Selling Fund, as set forth in Section 1.3. Such transactions shall take place at the closing provided for in Section 3.1 (the “Closing”).
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Westcore Trust)
