Common use of ASSETS TO BE ACQUIRED Clause in Contracts

ASSETS TO BE ACQUIRED. The assets of the Predecessor Fund to be acquired by the Successor Fund shall consist of all property, including, without limitation, all cash, securities, commodities, interests in futures and dividends or interest receivables, that is owned by the Predecessor Fund and any deferred or prepaid expenses shown as an asset on the books of the Predecessor Fund as of the Closing. The Predecessor Fund has provided the Successor Fund with its most recent audited financial statements, which contain a list of all of the Predecessor Fund’s assets as of the date thereof. The Predecessor Fund represents that, as of the date of the execution of this Agreement, there have been no changes in its financial position as reflected in said financial statements other than those occurring in the ordinary course of its business in connection with the purchase and sale of portfolio securities, purchases and redemptions of Predecessor Fund shares, the payment of its normal operating expenses and the distribution of its net income and net capital gain. The Predecessor Fund reserves the right to buy and sell any securities or other assets in accordance with its investment objective and policies.

ASSETS TO BE ACQUIRED. The assets of the Predecessor Fund to be acquired by the Successor Fund shall consist of all property, including, without limitation, all cash, securities, commodities, interests in futures and dividends or interest receivables, that is owned by the Predecessor Fund and any deferred or prepaid expenses shown as an asset on the books of the Predecessor Fund as of the Closing. The Predecessor Fund has provided the Successor Fund with its most recent audited financial statements, which contain a list of all of the Predecessor Fund’s 's assets as of the date thereof. The Predecessor Fund represents that, as of the date of the execution of this Agreement, there have been no changes in its financial position as reflected in said financial statements other than those occurring in the ordinary course of its business in connection with the purchase and sale of portfolio securities, purchases and redemptions of Predecessor Fund shares, the payment of its normal operating expenses and the distribution of its net income and net capital gain. The Predecessor Fund reserves the right to buy and sell any securities or other assets in accordance with its investment objective and policies.

ASSETS TO BE ACQUIRED. The assets of the Predecessor Acquired Fund to be acquired by the Successor Acquiring Fund shall consist of all property, including, without limitation, all cash, securities, commodities, interests in futures and dividends or interest receivables, that is owned by the Predecessor Acquired Fund and any deferred or prepaid expenses shown as an asset on the books of the Predecessor Acquired Fund as of the ClosingClosing (as defined below). The Predecessor Acquired Fund has provided the Successor Acquiring Fund with its most recent audited financial statements, which contain a list of all of the Predecessor Acquired Fund’s assets as of the date thereof. The Predecessor Acquired Fund represents that, that as of the date of the execution of this Agreement, Agreement there have been no changes in its financial position as reflected in said financial statements other than those occurring in the ordinary course of its business in connection with the purchase and sale of portfolio securities, purchases and redemptions of Predecessor Acquired Fund shares, the payment of its normal operating expenses and the distribution of its net income and net capital gain. The Predecessor Acquired Fund reserves the right to buy and sell any securities or other assets in accordance with its investment objective and policies.