Acquiring Fund Closing Financial Statements definition

Acquiring Fund Closing Financial Statements shall have the meaning assigned to such term in Section 2(d). (f) "Acquiring Fund Common Shares" shall have the meaning assigned to such term in Section 2(k). (g) "Agreement" shall have the meaning assigned to such term in the preamble. (h) "Closing Date" shall have the meaning assigned to such term in Section 8(a). (i) "Code" means the Internal Revenue Code of 1986, as amended. (j) "Commission" means the Securities and Exchange Commission. (k) "Fund" or "Funds" shall have the meaning assigned to such terms in the preamble. (l) "GAAP" means United States generally accepted accounting principles and practices as in effect from time to time and applied consistently throughout the periods involved. (m) "Indemnified Party" shall have the meaning assigned to such term in Section 13(a). (n) "Indemnitor" shall have the meaning assigned to such term in Section 13(a). (o) "Loss" or "Losses" shall have the meanings assigned to such terms in Section 13(a). (p) "NYSE Amex" means NYSE Amex LLC. (q) "Proxy Statement/Prospectus" shall have the meaning assigned to such term in Section 2(j). (r) "Registration Statement" shall have the meaning assigned to such term in Section 2(j). (s) "Reorganization" shall have the meaning assigned to such term in Section 4(a). (t) "RIC" means a regulated investment company under Section 851 of the Code. (u) "Shareholder Meeting" shall have the meaning assigned to such term in Section 2(j). (v) "Sister Fund" shall have the meaning assigned to such term in the recitals. (w) "Skadden" means Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP. (x) "Target Fund" shall have the meaning assigned to such term in the preamble. (y) "Target Fund Closing Financial Statements" shall have the meaning assigned to such term in Section 3(e). (z) "Target Fund Common Shares" shall have the meaning assigned to such term in Section 3(m). (aa) "Target Fund Investments" means (i) the investments of the Target Fund shown on the schedule of its investments as of the Valuation Date furnished to the Acquiring Fund and (ii) all other assets owned by the Target Fund or liabilities incurred as of the Valuation Date. (bb) "Valuation Date" shall be 4:00 p.m., Eastern Time, on June 16, 2009, or such earlier or later day and time as may be mutually agreed upon in writing by the parties hereto. 2.

Examples of Acquiring Fund Closing Financial Statements in a sentence

• As of the Valuation Date, the Acquiring Fund will advise the Target Fund in writing of all known liabilities, contingent or otherwise, whether or not incurred in the ordinary course of business, existing or accrued as of such time, not otherwise disclosed in the Acquiring Fund Closing Financial Statements.

• As of the Valuation Time, the Acquiring Fund will advise the Target Fund of all known liabilities, contingent or otherwise, whether or not incurred in the ordinary course of business, existing or accrued as of such time, except to the extent disclosed in the Acquiring Fund Closing Financial Statements or to the extent already known by the Target Fund.

• Until this Agreement shall have terminated, Seller shall, to the extent not prohibited by any applicable Requirement of Applicable Law, in addition to the foregoing, furnish to Purchaser upon reasonable advance request such additional reports or information, including, without limitation, updated financial data or credit reports or information required by any applicable requirements of Applicable Law, and copies of such documents as may be contained in the loan file for each Purchased Receivable.