Common use of CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND Clause in Contracts

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete the transactions provided for herein shall be, at its election, subject to the performance by the Acquired Fund of all the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 44 contracts

Samples: Agreement and Plan of Reorganization (Lord Abbett Municipal Income Fund Inc), Agreement and Plan of Reorganization (Lord Abbett Securities Trust), Agreement and Plan of Reorganization (Goldman Sachs Trust)

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CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Fund of all the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, to the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 32 contracts

Samples: Form of Agreement and Plan of Reorganization (State Street Institutional Investment Trust), Form of Agreement and Plan of Reorganization (MML Series Investment Fund), Agreement and Plan of Reorganization (Daily Income Fund)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The 7.1. With respect to each Reorganization, the obligations of the Acquiring Fund Entity, on behalf of the Acquiring Fund, to complete consummate the transactions provided for herein shall bebe subject, at its the Acquiring Fund's election, subject to the performance by the Acquired Target Fund of all of the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 25 contracts

Samples: Agreement and Plan of Reorganization (Aim Sector Funds (Invesco Sector Funds)), Agreement and Plan of Reorganization (Aim Investment Securities Funds (Invesco Investment Securities Funds)), Agreement and Plan of Reorganization (Aim Tax Exempt Funds (Invesco Tax-Exempt Funds))

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Selling Fund of all the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 24 contracts

Samples: Form of Agreement and Plan of Reorganization (Huntington Funds), Form of Agreement and Plan of Reorganization (Huntington Funds), Form of Agreement and Plan of Reorganization (Huntington Funds)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The 7.1. With respect to each Reorganization, the obligations of the Acquiring Fund Entity, on behalf of the Acquiring Fund, to complete the transactions provided for herein shall bebe subject, at its the Acquiring Fund's election, subject to the performance by the Acquired Target Fund of all of the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 21 contracts

Samples: Agreement and Plan of Reorganization (Aim Tax Exempt Funds (Invesco Tax-Exempt Funds)), Agreement and Plan of Reorganization (Aim Investment Funds (Invesco Investment Funds)), Agreement and Plan of Reorganization (Aim Investment Funds (Invesco Investment Funds))

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete consummate the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Fund of all the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 20 contracts

Samples: Agreement and Plan of Reorganization (DWS Equity Trust), Agreement and Plan of Reorganization (DWS Advisor Funds), Agreement and Plan of Reorganization (DWS Advisor Funds)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete consummate the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Fund of all the obligations to be performed by it hereunder the Acquired Fund pursuant to this Agreement, on or before the Closing Date and, in addition theretoaddition, shall be subject to the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 17 contracts

Samples: Form of Agreement and Plan of Reorganization (Investment Managers Series Trust II), Form of Agreement and Plan of Reorganization (Investment Managers Series Trust), Form of Agreement and Plan of Reorganization (LoCorr Investment Trust)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Fund of all the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 10 contracts

Samples: Agreement and Plan of Reorganization (Schwartz Investment Trust), Agreement and Plan of Reorganization (Touchstone Variable Series Trust), Agreement and Plan of Reorganization (Touchstone Strategic Trust)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Target Fund of all the obligations to be performed by it hereunder on at or before the Closing Date and, in addition thereto, to the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 4 contracts

Samples: Agreement and Plan of Reorganization (Columbia Acorn Trust), Agreement and Plan of Reorganization (Wanger Advisors Trust), Agreement and Plan of Reorganization (Columbia Acorn Trust)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The 7.1. With respect to each Reorganization, the obligations of the Acquiring Fund to complete the transactions provided for herein shall bebe subject, at its the Acquiring Fund's election, subject to the performance by the Acquired Target Fund of all of the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 4 contracts

Samples: Agreement and Plan of Reorganization (Franklin New York Tax Free Trust), Agreement and Plan of Reorganization (Franklin Investors Securities Trust), Agreement and Plan of Reorganization (Franklin Investors Securities Trust)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete the transactions provided for herein Reorganization shall bebe subject, at its election, subject to the performance by the Acquired Fund of all the obligations to be performed by it hereunder on or before the Closing Date and, in addition theretoaddition, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 4 contracts

Samples: Form of Agreement and Plan of Reorganization (Touchstone Strategic Trust), Agreement and Plan of Reorganization (Touchstone Funds Group Trust), Agreement and Plan of Reorganization (Touchstone Funds Group Trust)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Fund of all the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 4 contracts

Samples: Agreement and Plan of Reorganization (Mpam Funds Trust), Form of Agreement and Plan of Reorganization (Smith Barney California Municipals Funds Inc), Form of Agreement and Plan of Reorganization (Smith Barney California Municipals Funds Inc)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The 7.1. With respect to each Reorganization, the obligations of the Acquiring Fund Entity, on behalf of the Acquiring Fund, to complete consummate the transactions provided for herein shall bebe subject, at its the Acquiring Fund’s election, subject to the performance by the Acquired Target Fund of all of the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 4 contracts

Samples: Agreement and Plan of Reorganization (Aim Investment Securities Funds (Invesco Investment Securities Funds)), Agreement and Plan of Reorganization (Aim Counselor Series Trust (Invesco Counselor Series Trust)), Agreement and Plan of Reorganization (Aim Tax Exempt Funds (Invesco Tax-Exempt Funds))

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete consummate the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Fund of all the of its obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 4 contracts

Samples: Agreement and Plan of Reorganization (Pioneer Emerging Markets Fund), Form of Agreement and Plan of Reorganization (Pioneer Bond Fund /Ma/), Form of Agreement and Plan of Reorganization (Pioneer Bond Fund /Ma/)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete the transactions provided for herein shall bebe subject, at its election, subject the Acquiring Fund's election to the performance by the Acquired Fund of all of the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 4 contracts

Samples: Form of Agreement and Plan of Reorganization (Pilgrim Mutual Funds), Form of Agreement and Plan of Reorganization (Pilgrim Mutual Funds), Form of Agreement and Plan of Reorganization (Pilgrim Government Securities Income Fund Inc)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete consummate the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Selling Fund of all the obligations to be performed by it hereunder the Selling Fund pursuant to this Agreement on or before the Closing Date and, in addition theretoaddition, shall be subject to the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 3 contracts

Samples: Form of Agreement and Plan of Reorganization (Janus Investment Fund), Form of Agreement and Plan of Reorganization (Janus Investment Fund), Agreement and Plan of Reorganization (Janus Adviser Series)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete the transactions provided for herein shall bebe subject, at its election, subject to the performance by the each Acquired Fund of all the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, to the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (Columbia Acorn Trust), Agreement and Plan of Reorganization (Highland Funds I), Agreement and Plan of Reorganization (Columbia Acorn Trust)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Transferring Fund of all the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (Northern Lights Fund Trust Ii), Agreement and Plan of Reorganization (Northern Lights Fund Trust), Agreement and Plan of Reorganization (Coventry Group)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The With respect to each reorganization of a Target Fund, the obligations of the Acquiring Fund to complete consummate the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Target Fund of all the obligations to be performed by it hereunder on at or before the Closing Date and, in addition thereto, to the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Columbia Funds Series Trust II), Agreement and Plan of Reorganization (Columbia Funds Series Trust II)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Fund Transferring Funds of all the obligations to be performed by it them hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Dunham Funds), Agreement and Plan of Reorganization (Dunham Funds)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete consummate the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Fund of all of the its obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Pioneer Europe Select Equity Fund), Agreement and Plan of Reorganization (Pioneer Series Trust Ii)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete consummate the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Selling Fund of all the obligations to be performed by it hereunder the Selling Fund pursuant to this Agreement, on or before the Closing Date and, in addition theretoaddition, shall be subject to the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Federated Equity Funds), Agreement and Plan of Reorganization (Money Market Obligations Trust /New/)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete consummate the transactions provided for herein shall bebe subject, at its their election, subject to the performance by the Acquired Transferring Fund of all the obligations to be performed by it hereunder the Transferring Fund pursuant to this Agreement, on or before the Closing Date and, in addition theretoaddition, shall be subject to the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Tip Funds), Form of Agreement and Plan of Reorganization (Tip Funds)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete consummate the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Target Fund of all the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 2 contracts

Samples: Agreement and Plan of Partnership Merger and Liquidation (Teucrium Commodity Trust), Agreement and Plan of Partnership Merger and Liquidation (Tidal Commodities Trust I)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete consummate the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Trust and Acquired Fund of all of the obligations to be performed by it them hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Pioneer High Yield Fund), Agreement and Plan of Reorganization (Pioneer High Yield Fund)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete consummate the transactions provided for herein shall bebe subject, at its the Acquiring Fund’s election, subject to the performance by the Acquired Fund of all of the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Griffin Institutional Access Credit Fund), Agreement and Plan of Reorganization (Griffin-Benefit Street Partners BDC Corp.)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Target Fund of all the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, to the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Nexpoint Opportunistic Credit Fund), Agreement and Plan of Reorganization (Nexpoint Opportunistic Credit Fund)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. 7.1 The obligations of the Acquiring Fund to complete consummate the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Fund of all the obligations to be performed by it hereunder the Acquired Fund pursuant to this Agreement, on or before the Closing Date and, in addition theretoaddition, shall be subject to the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Federated Municipal Securities Income Trust), Agreement and Plan of Reorganization (Federated Municipal Securities Fund Inc)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete consummate the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Fund of all the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Dreyfus Liquid Assets, Inc.), Agreement and Plan of Reorganization (Dreyfus Cash Management)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete the transactions provided for herein shall be, at its election, subject to the performance by the Acquired Target Fund of all the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Global X Funds), Form of Agreement and Plan of Reorganization (Us Global Investors Funds)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Fund Selling Fund, of all the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Scudder Rreef Securities Trust), Form of Agreement and Plan of Reorganization (Rreef Securities Trust)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of Investment Funds on behalf of the Acquiring Fund to complete the transactions provided for herein shall bebe subject, at its the Investment Funds' election, subject to the performance by the Advisory Funds on behalf of the Acquired Fund of all of the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 2 contracts

Samples: Form of Agreement and Plan of Reorganization (Pilgrim Investment Funds Inc/Md), Form of Agreement and Plan of Reorganization (Pilgrim Investment Funds Inc/Md)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. 7.1. The obligations of the Acquiring Fund Entity, on behalf of the Acquiring Fund, to complete the transactions provided for herein shall bebe subject, at its the Acquiring Fund’s election, subject to the performance by the Acquired Target Fund of all of the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (First Eagle Funds), Agreement and Plan of Reorganization (First Eagle Funds)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Fund Trust, on behalf of the Target Fund, of all the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 2 contracts

Samples: Form of Agreement and Plan of Reorganization (Morgan Stanley Institutional Fund Trust), Form of Agreement and Plan of Reorganization (Morgan Stanley Institutional Fund Inc)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete consummate the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Fund of all of the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Scudder Funds Trust)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The 7.1 With respect to each Reorganization, the obligations of the Acquiring Fund Entity, on behalf of the Acquiring Fund, to complete the transactions provided for herein shall bebe subject, at its the Acquiring Fund's election, subject to the performance by the Acquired Target Fund of all of the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Aim Sector Funds (Invesco Sector Funds))

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete consummate the transactions provided for herein shall bebe subject, at its electionthe election of the Acquiring Fund, subject to the performance by the Fund, on behalf of the Acquired Fund Fund, of all the obligations to be performed by it hereunder on or before the Closing Date Date, and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 1 contract

Samples: Form of Agreement and Plan of Reorganization and Liquidation (Limited Term Tax Exempt Bond Fund of America)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete the transactions provided for herein shall bebe subject, at its election, subject to the performance by HCIM and the Acquired Transferring Fund of all the obligations to be performed by it them hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (HCIM Trust)

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CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Selling Fund of all the obligations to be performed by it hereunder on or before the Closing Reorganization Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Mosaic Equity Trust)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete consummate the transactions provided for herein shall bebe subject, at its election, subject to the performance by FEF Trust and the Acquired Fund of all the obligations to be performed by it hereunder them pursuant to this Agreement, on or before the Closing Date and, in addition theretoaddition, shall be subject to the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Federated MDT Series)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete the transactions provided for herein shall be, at its election, subject to the performance by the Cullen Trust and Acquired Fund of all the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Pioneer Series Trust III)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund Fund, to complete the transactions provided for herein shall bebe subject, at its the Acquiring Fund's election, subject to the performance by the Acquired Fund Fund, of all of the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 1 contract

Samples: Form of Agreement and Plan of Reorganization (North American Senior Floating Rate Fund Inc)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The 7.1. With respect to each Reorganization, the obligations of the Acquiring Fund to complete consummate the transactions provided for herein shall bebe subject, at its the Acquiring Fund's election, subject to the performance by the Acquired Target Fund of all of the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Aim Variable Insurance Funds (Invesco Variable Insurance Funds))

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete consummate the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Fund of all the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Morgan Grenfell Investment Trust)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The With respect to the Reorganization, the obligations of the an Acquiring Fund to complete consummate the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Target Fund of all of the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 1 contract

Samples: Form of Agreement and Plan of Reorganization (Hartford Series Fund Inc)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete the transactions provided for herein Reorganization shall bebe subject, at its election, subject to the performance by the Acquired Target Fund of all the obligations to be performed by it hereunder on at or before the Closing Date and, in addition theretoaddition, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Touchstone Institutional Funds Trust)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete the transactions provided for herein shall bebe subject, at its election, subject to the performance by the corresponding Acquired Fund of all the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, to the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 1 contract

Samples: Agreement and Plan Of (Columbia Funds Series Trust)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete the transactions Reorganization provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Fund of all the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, to the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Stone Harbor Investment Funds)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Fund Target Fund, Kempner and Frost of all the obligations to be performed by it them hereunder on or before the Closing Date and, in addition thereto, to the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Ultimus Managers Trust)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete the transactions provided for herein shall be, at its election, subject to the performance by the Acquired Fund of all the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Pioneer Tax Free Income Fund)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Fund Target Fund, Silk Invest and Frontegra of all the obligations to be performed by it them hereunder on or before the Closing Date and, in addition thereto, to the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Unified Series Trust)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. 7.1 The obligations of the Acquiring Fund to complete consummate the transactions provided for herein shall bebe subject, at its the Acquiring Fund's election, subject to the performance by the Acquired Target Fund of all of the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Invesco Van Kampen Senior Loan Fund)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Transferring Fund of all the obligations to be performed by it them hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Dunham Funds)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete consummate the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Fund of all of the obligations to be performed by it the Acquired Fund hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 1 contract

Samples: Agreement and Plan of Reorganization and Exchange (Brandes Investment Trust)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the an Acquiring Fund to complete the transactions provided for herein shall bebe subject, at its election, subject to the performance by [Company] [Trust], on behalf of the Acquired Fund applicable Target Fund, of all the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 1 contract

Samples: Form of Agreement and Plan of Reorganization (Mas Funds /Ma/)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete consummate the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Fund of all the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 1 contract

Samples: Agreement and Plan of Reorganization and Liquidation (Daily Income Fund)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Fund of all the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, to the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Thrivent Mutual Funds)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete the transactions provided for herein shall be, at its election, subject to the performance by Light Inc. and the Acquired Fund of all the obligations to be performed by it them hereunder on or before the Closing Date and, in addition thereto, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Hancock John Equity Trust)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete consummate the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Target Fund of all the obligations to be performed by it hereunder the Target Fund pursuant to this Agreement, on or before the Closing Date and, in addition theretoaddition, shall be subject to the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (RidgeWorth Funds)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete consummate the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Fund of all the obligations to be performed by it hereunder the Acquired Fund pursuant to this Agreement, on or before the Closing Date and, in addition theretoaddition, shall be subject to the following further conditions, unless waived by the Acquiring Fund in writing:.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Federated Equity Funds)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete the transactions provided for herein Reorganization shall bebe subject, at its election, subject to the performance by the Acquired Fund of all the obligations to be performed by it hereunder on at or before the Closing Date and, in addition theretoaddition, the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 1 contract

Samples: Form of Agreement and Plan of Reorganization (Touchstone Strategic Trust)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete consummate the transactions provided for herein shall bewith respect to the Acquired Fund shall, at its election, be subject to the performance by the Acquired Fund of all the obligations to be performed by it hereunder on or before the Closing Date and, in addition thereto, and the following further conditions, unless waived by the Acquiring Fund in writing:

Appears in 1 contract

Samples: Agreement and Plan of Reorganization and Liquidation (Nuveen Washington Premium Income Municipal Fund)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Fund to complete the transactions provided for herein shall bebe subject, at its election, subject to the performance by the Acquired Fund of all of the obligations to be performed by it hereunder on at or before the Closing Date Effective Time and, in addition thereto, the following further conditions, unless conditions (any of which may be waived by the Acquiring Fund Fund, in writing:its sole and absolute discretion):

Appears in 1 contract

Samples: Agreement and Plan (First American Funds Inc)

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