Common use of ASSETS TO BE ACQUIRED Clause in Contracts

ASSETS TO BE ACQUIRED. The assets of the Acquired Fund to be acquired by the Acquiring Fund shall consist of all property, including, without limitation, all cash, securities, commodities, interests in futures and dividends or interest receivables, owned by the Acquired Fund and any deferred or prepaid expenses shown as an asset on the books of the Acquired Fund on the Closing Date. The Acquired Fund has provided the Acquiring Fund with its most recent audited financial statements, which contain a list of all of the Acquired Fund's assets as of the date of such statements. The Acquired Fund hereby represents that as of the date of the execution of this Agreement, there have been no changes in its financial position as reflected in such financial statements other than those occurring in the ordinary course of business in connection with the purchase and sale of securities, the issuance and redemption of Acquired Fund shares and the payment of normal operating expenses, dividends and capital gains distributions.

Appears in 4 contracts

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

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ASSETS TO BE ACQUIRED. The assets of the Acquired Selling Fund to be acquired by the Acquiring Fund shall consist of all property, including, without limitation, all cash, securities, commodities, interests in futures and dividends or interest receivables, owned by the Acquired Selling Fund and any deferred or prepaid expenses shown as an asset on the books of the Acquired Selling Fund on the Closing Date. The Acquired Selling Fund has provided the Acquiring Fund with its most recent audited financial statements, which contain a list of all of the Acquired Selling Fund's assets as of the date of such statements. The Acquired Selling Fund hereby represents that that, as of the date of the execution of this Agreement, there have been no changes in its financial position as reflected in such financial statements other than those occurring in the ordinary course of business in connection with the purchase and sale of securities, the issuance and redemption of Acquired Selling Fund shares and the payment of normal operating expenses, dividends and capital gains distributions.

Appears in 3 contracts

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

ASSETS TO BE ACQUIRED. The assets of the Acquired Fund to be acquired by the Acquiring Fund shall consist of all property, including, without limitation, all cash, securities, commodities, interests in futures and dividends or interest receivablesreceivable, stock splits, settlement rights and payments owned by the Acquired Fund and any deferred or prepaid expenses shown as an asset on the books of the Acquired Fund on the Closing Date. The Acquired Fund has provided the Acquiring Fund with its most recent audited financial statements, which contain a list of all of the Acquired Fund's assets as of the date of such statements. The Acquired Fund hereby represents that as of the date of the execution of this Agreement, there have been no changes in its financial position as reflected in such financial statements other than those occurring in the ordinary course of business in connection with the purchase and sale of securities, the issuance and redemption of Acquired Fund shares and the payment of normal operating expenses, dividends and capital gains distributions.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (MTB Group of Funds)

ASSETS TO BE ACQUIRED. The assets of the Acquired Fund to be acquired by the Acquiring Fund shall consist of all property, property having a value equal to the total net assets of the Acquired Fund including, without limitation, all cash, securities, commodities, interests in futures and dividends or interest receivables, receivables owned by the Acquired Fund and any deferred or prepaid expenses Acquiring Fund, if any, shown as an asset on the books of the Acquired Fund on the Closing Date. The Acquired Fund has provided the Acquiring Fund with its most recent audited financial statements, which contain a list of all of the Acquired Fund's assets as of the date of such statements. The Acquired Fund hereby represents that as of the date of the execution of this Agreement, there have been no changes in its financial position as reflected in such financial statements other than those occurring in the ordinary course of business in connection with the purchase and sale of securities, the issuance and redemption of Acquired Fund shares and the payment of normal operating expenses, dividends and capital gains distributions.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Money Market Obligations Trust /New/)

ASSETS TO BE ACQUIRED. The assets of the Acquired Fund to be acquired by the Acquiring Fund shall consist of all property, including, without limitation, all cash, securities, commodities, interests in futures and dividends or interest receivablesreceivable, owned by the Acquired Fund and any deferred or prepaid expenses shown as an asset on the books of the Acquired Fund on the Closing Date. The Acquired Fund has provided the Acquiring Fund with its most recent audited financial statements, which contain a list of all of the Acquired Fund's assets as of the date of such statements. The Acquired Fund hereby represents that as of the date of the execution of this Agreement, there have been no changes in its financial position as reflected in such financial statements other than those occurring in the ordinary course of business in connection with the purchase and sale of securities, the issuance and redemption of Acquired Fund shares and the payment of normal operating expenses, dividends and capital gains distributions.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Federated Index Trust)

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ASSETS TO BE ACQUIRED. The assets of the Acquired Fund to be acquired by the Acquiring Fund shall consist of all property, property having a value equal to the total net assets of the Acquired Fund including, without limitation, all cash, securities, commodities, interests in futures and dividends or interest receivables, receivables owned by the Acquired Fund and any deferred or prepaid expenses Acquiring Fund, if any, shown as an asset on the books of the Acquired Fund on the Closing Date. The Acquired Fund has provided the Acquiring Fund with its most recent audited financial statements, which contain a list of all of the Acquired Fund's ’s assets as of the date of such statements. The Acquired Fund hereby represents that as of the date of the execution of this Agreement, there have been no changes in its financial position as reflected in such financial statements other than those occurring in the ordinary course of business in connection with the purchase and sale of securities, the issuance and redemption of Acquired Fund shares and the payment of normal operating expenses, dividends and capital gains distributions.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Money Market Obligations Trust /New/)

ASSETS TO BE ACQUIRED. The assets of the Acquired Fund to be acquired by the Acquiring Fund shall consist of all property, including, without limitation, all cash, securities, commodities, interests in futures and dividends or interest receivablesreceivable, stock splits, settlement rights and payments owned by the Acquired Fund and any deferred or prepaid expenses shown as an asset on the books of the Acquired Fund on the Closing Date. The Acquired Fund has provided the Acquiring Fund with its most recent audited financial statements, which contain a list of all of the Acquired Fund's assets as of the date of such statements. The Acquired Fund hereby represents that as of the date of the execution of this Agreement, there have been no changes in its financial position as reflected in such financial statements other than those occurring in the ordinary course of business in connection with the purchase and sale of securities, the issuance and redemption of Acquired Fund shares Shares and the payment of normal operating expenses, dividends and capital gains distributions.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (MTB Group of Funds)

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