CERTAIN REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF ACIT. ACIT, on behalf of itself and New High-Yield, represents and warrants to, and agrees with, ACMF as follows:
CERTAIN REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF ACIT. ACIT, on behalf of itself and Diversified Bond, represents and warrants to, and agrees with, ACMF and ACPR as follows:
CERTAIN REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF ACIT. ACIT, on behalf of itself and Premium Money Market, represents and warrants to, and agrees with, ACPR as follows:
CERTAIN REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF ACIT. ACIT, on behalf of itself and Prime, represents and warrants to, and agrees with, ACMF as follows:
CERTAIN REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF ACIT. ACIT, on behalf of itself and New High-Yield, represents and warrants to, and agrees with, ACMF as follows: 5.1. ACIT is a Massachusetts business trust duly created pursuant to an Agreement and Declaration of Trust for the purpose of acting as a management investment company under the 1940 Act and is validly existing under the laws of, and duly authorized to transact business in, the Commonwealth of Massachusetts, New High-Yield is registered with the SEC as an open-end management investment company under the 1940 Act and such registration is in full force and effect. 5.2. ACIT has the power to own all of its properties and assets and to carry out and consummate the transactions contemplated herein, and has all necessary federal, state and local authorizations to carry on its business as now being conducted and to consummate the transactions contemplated by this Agreement. 5.3. This Agreement has been duly authorized, executed and delivered by ACIT, and represents ACIT's valid and binding contract, enforceable in accordance with its terms, subject as to enforcement to bankruptcy, insolvency, reorganization, arrangement, moratorium, and other similar laws of general applicability relating to or affecting creditors' rights and to general principles of equity. The execution and delivery of this Agreement did not, and the consummation of the transactions contemplated by this Agreement will not, violate ACIT's Agreement and Declaration of Trust or By-laws or any agreement or arrangement to which it is a party or by which it is bound. 5.4. New High-Yield intends to qualify as a "regulated investment company" under Subtitle A, Chapter 1, Subchapter M, Part I of the Code. 5.5. As a new fund, New High-Yield has no audited financial statements for its most recent fiscal year. 5.6. At both the Valuation Time and the Effective Time, there shall be no known liabilities of New High-Yield whether accrued, absolute, contingent or otherwise, not reflected in the net asset value per share of its shares to be issued pursuant to this Agreement. 5.7. There are no legal, administrative or other proceedings pending or, to its knowledge, threatened against ACIT or New High-Yield that could result in liability on the part of ACIT or New High-Yield. 5.8. No consent, approval, authorization or order of any court or governmental authority is required for the consummation by ACIT of the transactions contemplated by this Agreement, except such as may be required under the 1933 Act, the...
CERTAIN REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF ACIT. ...14 10. Shareholder Action on Behalf of Intermediate-Term Bond..........16 11. Shareholder Action on Behalf of Bond............................17 12. Shareholder Action on Behalf of Premium Bond....................17 13. Registration Statement and Proxy Solicitation Materials.........18 14. Effective Time of the Reorganization............................18 15. ACIT Conditions.................................................19 16.
