ACIT CONDITIONS Sample Clauses

ACIT CONDITIONS. The obligations of ACIT hereunder with respect to New High-Yield shall be subject to the following conditions precedent:
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
ACIT CONDITIONS. The obligations of ACIT hereunder with respect to Diversified Bond shall be subject to the following conditions precedent:
Sample 1Sample 2Sample 3
ACIT CONDITIONS. The obligations of ACIT hereunder with respect to Premium Money Market shall be subject to the following conditions precedent:
Sample 1Sample 2
ACIT CONDITIONS. The obligations of ACIT hereunder with respect to New High-Yield shall be subject to the following conditions precedent: 9.1. This Agreement and the transactions contemplated by this Agreement shall have been approved by the shareholders of Old High-Yield, in the manner required by law. 9.2. ACMF shall have duly executed and delivered to ACIT such bills of sale, assignments, certificates and other instruments of transfer ("Transfer Documents") as may be necessary or desirable to transfer all right, title and interest of ACMF and Old High-Yield in and to the Old High-Yield Assets. The Old High-Yield Assets shall be accompanied by all necessary state stock transfer stamps or cash for the appropriate purchase price therefor. 9.3. All representations and warranties made in this Agreement shall be true and correct in all material respects as if made at and as of the Valuation Time and the Effective Time. As of the Valuation Time and the Effective Time, there shall have been no material adverse change in the financial position of Old High-Yield since October 31, 2000, other than those changes incurred in the ordinary course of business as an investment company. No action, suit or other proceeding shall be threatened or pending before any court or governmental agency in which it is sought to restrain or prohibit, or obtain damages or other relief in connection with, this Agreement or the transactions contemplated herein. 9.4. ACIT shall have received a tax opinion acceptable to ACMF, addressed to ACIT and ACMF in a form reasonably satisfactory to them and dated the Effective Time, substantially to the effect that for federal income tax purposes: (i) the transfer of the Old High-Yield Assets hereunder, and the assumption by New High-Yield of the Old High-Yield Liabilities, in exchange for shares of New High-Yield, and the distribution of said shares to the shareholders of Old High-Yield, as provided in this Agreement, will constitute a reorganization within the meaning of Section 368 of the Code, and Old High-Yield and New High-Yield will each be considered "a party to a reorganization" within the meaning of Section 368(b) of the Code; (ii) no gain or loss will be recognized by Old High-Yield as a result of such transaction; (iii) no gain or loss will be recognized by New High-Yield as a result of such transaction; (iv) no gain or loss will be recognized by the shareholders of Old High-Yield on the distribution to them by Old High-Yield of shares of New High-Yield...
Sample 1
ACIT CONDITIONS. The obligations of ACIT hereunder with respect to Diversified Bond shall be subject to the following conditions precedent: 15.1. This Agreement and the transactions contemplated by this Agreement shall have been approved by the shareholders of Intermediate-Term Bond, the shareholders of Bond, and the shareholders of Premium Bond in the manner required by law. 15.2. ACMF shall have duly executed and delivered to ACIT such bills of sale, assignments, certificates and other instruments of transfer ("Transfer Documents") as may be necessary or desirable to transfer all right, title and interest of ACMF and Intermediate-Term Bond in and to the Intermediate-Term Bond Assets. The Intermediate-Term Bond Assets shall be accompanied by all necessary state stock transfer stamps or cash for the appropriate purchase price therefor. 15.3. ACMF shall have duly executed and delivered to ACIT such bills of sale, assignments, certificates and other instruments of transfer ("Transfer Documents") as may be necessary or desirable to transfer all right, title and interest of ACMF and Bond in and to the Bond Assets. The Bond Assets shall be accompanied by all necessary state stock transfer stamps or cash for the appropriate purchase price therefor. 15.4. ACPR shall have duly executed and delivered to ACIT such bills of sale, assignments, certificates and other instruments of transfer ("Transfer Documents") as may be necessary or desirable to transfer all right, title and interest of ACPR and Premium Bond in and to the Premium Bond Assets. The Premium Bond Assets shall be accompanied by all necessary state stock transfer stamps or cash for the appropriate purchase price therefor. 15.5. All representations and warranties made in this Agreement shall be true and correct in all material respects as if made at and as of the Valuation Time and the Effective Time. As of the Valuation Time and the Effective Time, there shall have been no material adverse change in the financial position of Intermediate-Term Bond or Bond since October 31, 2000, or of Premium Bond since March 31, 2001, other than those changes incurred in the ordinary course of business as an investment company. No action, suit or other proceeding shall be threatened or pending before any court or governmental agency in which it is sought to restrain or prohibit, or obtain damages or other relief in connection with, this Agreement or the transactions contemplated herein. 15.6. ACIT shall have received a tax opinion accept...
Sample 1

Related to ACIT CONDITIONS

  • Market Conditions Notwithstanding any provision of this Agreement to the contrary, settlement and payment for Foreign Assets received for the account of the Portfolios and delivery of Foreign Assets maintained for the account of the Portfolios may be effected in accordance with the customary established securities trading or processing practices and procedures in the country or market in which the transaction occurs, including, without limitation, delivering Foreign Assets to the purchaser thereof or to a dealer therefor (or an agent for such purchaser or dealer) with the expectation of receiving later payment for such Foreign Assets from such purchaser or dealer. The Custodian shall provide to each Board the information with respect to custody and settlement practices in countries in which the Custodian employs a Foreign Sub-Custodian described on Schedule C hereto at the time or times set forth on such Schedule. The Custodian may revise Schedule C from time to time, provided that no such revision shall result in a Board being provided with substantively less information than had been previously provided hereunder.

  • Payment Conditions All payments due hereunder are payable in United States dollars. No transfer, exchange, collection or other charges, including any wire transfer fees, shall be deducted from such payments. For sales of Licensed Products in currencies other than the United States, LICENSEE shall use exchange rates published in The Wall Street Journal on the last business day of the calendar quarter for which such payment is due.

  • Existing Conditions Tenant accepts the Property in its condition as of the execution of the Lease, subject to all recorded matters, laws, ordinances, and governmental regulations and orders. Except as provided herein, Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation as to the condition of the Property or the suitability of the Property for Tenant's intended use. Tenant represents and warrants that Tenant has made its own inspection of and inquiry regarding the condition of the Property and is not relying on any representations of Landlord or any Broker with respect thereto. If Landlord or Landlord's Broker has provided a Property Information Sheet or other Disclosure Statement regarding the Property, a copy is attached as an exhibit to the Lease.

  • Working Conditions The Company will provide the Executive with a private office and secretarial services.

  • Prior Conditions Satisfied All conditions set forth in §10 shall continue to be satisfied as of the date upon which any Loan is to be made or any Letter of Credit is to be issued.

  • Continuing Conditions The obligations of each Lender to make Advances (including the initial Advance) under this Agreement and the obligation of the Issuing Lender to issue any Letters of Credit shall be subject to the continuing conditions that:

  • Employment Conditions By accepting the Award, the Participant acknowledges and agrees that:

  • Release Conditions As used in this Agreement, "Release Conditions" shall mean the following:

  • Actions to Satisfy Closing Conditions Each Party shall take all actions as are within its power and otherwise use its commercially reasonable efforts so as to ensure compliance with the conditions set forth in this Section 6.

  • Offer Conditions “Offer Conditions” is defined in Section 1.1(b) of the Agreement.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!