Common use of ASSETS TO BE ACQUIRED Clause in Contracts

ASSETS TO BE ACQUIRED. The assets of the 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, that is owned by the Selling Fund and any deferred or prepaid expenses shown as an asset on the books of the Selling Fund on the Closing Date. The Selling Fund has provided the Acquiring Fund with its most recent unaudited financial statements, which contain a list of all of the Selling Fund's assets as of the date thereof. The Selling 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 said financial statements other than those occurring in the ordinary course of its business in connection with the purchase and sale of securities and the payment of its normal operating expenses. The Selling Fund reserves the right to sell any of such securities, but will not, without the prior written approval of the Acquiring Fund, acquire any additional securities other than securities of the type in which the Acquiring Fund is permitted to invest.

Appears in 2 contracts

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

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ASSETS TO BE ACQUIRED. The assets of the Selling 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, that is owned by the Selling Acquired Fund and any deferred or prepaid expenses shown as an asset on the books of the Selling Acquired Fund on the Closing Date. The Selling Acquired Fund has provided the Acquiring Fund with its most recent unaudited financial statements, which contain a list of all of the Selling Acquired Fund's ’s assets as of the date thereof. The Selling 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 said financial statements other than those occurring in the ordinary course of its business in connection with the purchase and sale of securities and the payment of its normal operating expenses. The Selling Acquired Fund reserves the right to sell any of such securities, but will not, without the prior written approval of the Acquiring Fund, acquire any additional securities other than securities of the type in which the Acquiring Fund is permitted to invest.

Appears in 2 contracts

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

ASSETS TO BE ACQUIRED. The assets of the Selling 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, that is owned by the Selling Acquired Fund and any deferred or prepaid expenses shown as an asset on the books of the Selling Acquired Fund on the Closing Date. The Selling Acquired Fund has provided the Acquiring Fund with its most recent unaudited financial statements, which contain a list of all of the Selling Acquired Fund's assets as of the date thereof. The Selling 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 said financial statements other than those occurring in the ordinary course of its business in connection with the purchase and sale of securities and the payment of its normal operating expenses. The Selling Acquired Fund reserves the right to sell any of such securities, but will not, without the prior written approval of the Acquiring Fund, acquire any additional securities other than securities of the type in which the Acquiring Fund is permitted to invest.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Touchstone Variable Series Trust), Agreement and Plan of Reorganization (Touchstone Funds Group Trust)

ASSETS TO BE ACQUIRED. The assets of the Selling 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, that is owned by the Selling Acquired Fund and any deferred or prepaid expenses shown as an asset on the books of the Selling Acquired Fund on the Closing Date. The Selling Acquired Fund has provided the Acquiring Fund with its most recent unaudited audited financial statements, which contain a list of all of the Selling Acquired Fund's assets as of the date thereof. The Selling 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 said financial statements other than those occurring in the ordinary course of its business in connection with the purchase and sale of securities and the payment of its normal operating expenses. The Selling Acquired Fund reserves the right to sell any of such securities, but will not, without the prior written approval of the Acquiring Fund, acquire any additional securities other than securities of the type in which the Acquiring Fund is permitted to invest.

Appears in 1 contract

Samples: Reorganization Agreement (Touchstone Strategic Trust)

ASSETS TO BE ACQUIRED. The assets of the Selling Acquired Fund to be acquired by the Acquiring Fund shall consist of all property, including, without limitation, all cash, securities, commodities, interests in futures futures, and dividends or interest receivables, that is owned by the Selling Acquired Fund and any deferred or prepaid expenses shown as an asset on the books of the Selling Acquired Fund on as of the Closing Date(as defined below). The Selling Acquired Fund has provided the Acquiring Fund with its most recent unaudited audited financial statements, which contain a list of all of the Selling Acquired Fund's ’s assets as of the date thereof. The Selling 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 said financial statements other than those occurring in the ordinary course of its business in connection with the purchase and sale of securities and the payment of its normal operating expenses. The Selling Acquired Fund reserves the right to sell any of such securities, but will not, without the prior written approval of the Acquiring Fund, acquire any additional securities other than securities of the type in which the Acquiring Fund is permitted to invest.

Appears in 1 contract

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

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ASSETS TO BE ACQUIRED. The assets of the Selling 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, that is owned by the Selling Acquired Fund and any deferred or prepaid expenses shown as an asset on the books of the Selling Acquired Fund on the Closing Date. The Selling Acquired Fund has provided the Acquiring Fund with its most recent audited and unaudited financial statements, which contain a list of all of the Selling Acquired Fund's ’s assets as of the date thereof. The Selling 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 said financial statements other than those occurring in the ordinary course of its business in connection with the purchase and sale of securities and the payment of its normal operating expenses. The Selling Acquired Fund reserves the right to sell any of such securities, but will not, without the prior written approval of the Acquiring Fund, acquire any additional securities other than securities of the type in which the Acquiring Fund is permitted to invest.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Touchstone Variable Series Trust)

ASSETS TO BE ACQUIRED. The assets of the Selling 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, that is owned by the Selling Acquired Fund and any deferred or prepaid expenses shown as an asset on the books of the Selling Acquired Fund on the Closing Date. The Selling Acquired Fund has provided the Acquiring Fund with its most recent unaudited audited financial statements, which contain a list of all of the Selling Acquired Fund's ’s assets as of the date thereof. The Selling 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 said financial statements other than those occurring in the ordinary course of its business in connection with the purchase and sale of securities and the payment of its normal operating expenses. The Selling Acquired Fund reserves the right to sell any of such securities, but will not, without the prior written approval of the Acquiring Fund, acquire any additional securities other than securities of the type in which the Acquiring Fund is permitted to invest.

Appears in 1 contract

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

ASSETS TO BE ACQUIRED. The assets of the Selling 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, that is owned by the Selling Acquired Fund and any deferred or prepaid expenses shown as an asset on the books of the Selling Acquired Fund on the Closing Date. The Selling Acquired Fund has provided the Acquiring Fund with its most recent unaudited financial statements, which contain a list of all of the Selling Acquired Fund's assets as of the date thereof. The Selling 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 said financial statements other than those occurring in the ordinary course of its business in connection with the purchase and sale of securities and the payment of its normal operating expenses. The Selling Acquired Fund reserves the right to sell any of such securities, but will not, without the prior written approval of the Acquiring Fund, acquire any additional securities other than securities of the type in which the Acquiring Fund is permitted to invest.

Appears in 1 contract

Samples: Reorganization Agreement (Touchstone Strategic Trust)

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