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 Trust, on behalf of the Acquiring Fund, to consummate the transactions provided for herein shall be subject, at the Acquiring Trust’s election, to the performance by the Selling Trust, 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:

Appears in 13 contracts

Samples: Form of Agreement (Financial Investors Variable Insurance Trust), Form of Agreement and Plan of Reorganization (Financial Investors Variable Insurance Trust), Agreement and Plan of Reorganization (Phoenix Portfolios)

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CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Trust, on behalf of the Acquiring Fund, to consummate complete the transactions provided for herein shall be subject, at the Acquiring Trust’s 's election, to the performance by the Selling Trust, 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:

Appears in 8 contracts

Samples: Agreement and Plan of Reorganization (Mercer Funds), Agreement and Plan of Reorganization (Mercer Funds), Form of Agreement and Plan of Reorganization (Ing Funds Trust)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Trust, on behalf of the Acquiring Fund, to consummate complete the transactions provided for herein shall be subject, at the Acquiring Trust’s election, to the performance by the Selling Trust, 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:

Appears in 7 contracts

Samples: Form of Agreement and Plan of Reorganization (Lincoln Variable Insurance Products Trust), Agreement and Plan of Reorganization (Lincoln Variable Insurance Products Trust), Agreement and Plan of Reorganization (Lincoln Variable Insurance Products Trust)

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

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Rs Variable Products Trust), Agreement and Plan of Reorganization (Rs Investment Trust)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Trust, on behalf of the Acquiring Fund, to consummate the transactions provided for herein shall be subject, at the Acquiring Trust’s their own election, to the performance by the Selling Trust, 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:

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (JPMorgan Trust I), Agreement and Plan of Reorganization (JPMorgan Trust I)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Trust, on behalf of the Acquiring Fund, to consummate the transactions provided for herein shall be subject, at the Acquiring election of the Trust’s election, to the performance by the Selling Trust, 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:

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (JPMorgan Trust I), Agreement and Plan of Reorganization (JPMorgan Trust I)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Trust, on behalf of the Acquiring Fund, to consummate the transactions provided for herein shall be subject, at the election of the Acquiring Trust’s election, to the performance by the Selling Acquired Trust, 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:

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Jpmorgan Trust Ii)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Trust, on behalf of the Acquiring Fund, to consummate complete the transactions provided for herein shall be subject, at the Acquiring Trust’s 's election, to the performance by the Selling Trust, Company on behalf of 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:

Appears in 1 contract

Samples: Form of Agreement and Plan of Reorganization (Pilgrim Mutual Funds)

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CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Trust, on behalf of the Acquiring Fund, to consummate the transactions provided for herein shall be subject, at the Acquiring election of the Trust’s election, to the performance by the Selling Trust, on behalf of the Acquired Fund, Corporation 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:

Appears in 1 contract

Samples: Form of Agreement (Jpmorgan Trust Ii)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Trust, Trust on behalf of the Acquiring Fund, Fund to consummate complete the transactions provided for herein shall be subject, at the Acquiring Trust’s 's election, to the performance by the Selling Trust, Company on behalf of 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:

Appears in 1 contract

Samples: Form of Agreement and Plan of Reorganization (Ing Funds Trust)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Trust, on behalf of the Acquiring Fund, to consummate complete the transactions provided for herein shall be subject, at the Acquiring Trust’s Trust election, to the performance by the Selling Trust, 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:

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (New Century Portfolios)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRING FUND. The obligations of the Acquiring Trust, on behalf of the Acquiring Fund, to consummate complete the transactions provided for herein shall be subject, at the Acquiring Trust’s 's election, to the performance by the Selling Trust, on behalf of 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:

Appears in 1 contract

Samples: Form of Agreement and Plan of Reorganization (Pilgrim Mutual Funds)

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