Common use of CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRED FUND Clause in Contracts

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRED FUND. The obligations of the Acquired Fund to consummate the transactions provided for herein shall be subject, at its election, to the performance by the Acquiring Fund of all the obligations to be performed by the Acquiring Fund pursuant to this Agreement on or before the Closing Date, and, in addition, subject to the following conditions: All representations, covenants, and warranties of the Acquiring Fund contained in this Agreement shall be true and correct in all material respects as of the date hereof and as of the Closing Date, with the same force and effect as if made on and as of the Closing Date. The Acquiring Fund shall have delivered to the Acquired Fund on the Closing Date a certificate executed in the Acquiring Fund’s name by the Trust’s President or Vice President and the Treasurer or Assistant Treasurer, in form and substance satisfactory to the Acquired Fund and dated as of such Closing Date, to such effect and as to such other matters as the Acquired Fund shall reasonably request.

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (Federated Equity Funds), Agreement and Plan of Reorganization (Federated Equity Funds), Agreement and Plan of Reorganization (Federated Equity Funds)

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CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRED FUND. The obligations of the Acquired Fund to consummate the transactions provided for herein shall be subject, at its election, to the performance by the Acquiring Fund of all the obligations to be performed by the Acquiring Fund pursuant to this Agreement on or before the Closing Date, and, in addition, subject to the following conditions: All representations, covenants, and warranties of the Acquiring Fund contained in this Agreement shall be true and correct in all material respects as of the date hereof and as of the Closing Date, with the same force and effect as if made on and as of the Closing Date. The Acquiring Fund shall have delivered to the Acquired Fund on the Closing Date a certificate executed in the Acquiring Fund’s name by the TrustTRUST’s President or Vice President and the its Treasurer or Assistant Treasurer, in form and substance satisfactory to the Acquired Fund and dated as of such the Closing Date, to such effect and as to such other matters as the Acquired Fund shall reasonably request.

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (Federated Insurance Series), Agreement and Plan of Reorganization (Federated Insurance Series), Agreement and Plan of Reorganization (Federated Insurance Series)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRED FUND. The obligations of the Acquired Fund to consummate the transactions provided for herein shall be subject, at its election, to the performance by the Acquiring Fund of all the obligations to be performed by the Acquiring Fund pursuant to this Agreement on or before the Closing Date, and, in addition, subject to the following conditions: All representations, covenants, and warranties of the Acquiring Fund and the Acquiring Fund Registrant contained in this Agreement shall be true and correct in all material respects as of the date hereof and as of the Closing Date, with the same force and effect as if made on and as of the Closing Date. The Acquiring Fund shall have delivered to the Acquired Fund on the Closing Date a certificate executed in the Acquiring Fund’s name by the TrustAcquiring Fund Registrant’s President or Vice President and the its Treasurer or Assistant Treasurer, in form and substance satisfactory to the Acquired Fund and dated as of such the Closing Date, to such effect and as to such other matters as the Acquired Fund shall reasonably request.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Federated World Investment Series Inc), Agreement and Plan of Reorganization (Federated World Investment Series Inc)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRED FUND. The obligations of the Acquired Fund to consummate the transactions provided for herein shall be subject, at its election, to the performance by the Acquiring Fund of all the obligations to be performed by the Acquiring Fund pursuant to this Agreement on or before the Closing Date, and, in addition, subject to the following conditions: All representations, covenants, and warranties of the Acquiring Fund contained in this Agreement shall be true and correct in all material respects as of the date hereof and as of the Closing Date, with the same force and effect as if made on and as of the Closing Date. The Acquiring Fund shall have delivered to the Acquired Fund on the Closing Date a certificate executed in the Acquiring Fund’s name by the TrustAcquiring Fund’s President or Vice President and the its Treasurer or Assistant Treasurer, in form and substance satisfactory to the Acquired Fund and dated as of such the Closing Date, to such effect and as to such other matters as the Acquired Fund shall reasonably request.

Appears in 2 contracts

Samples: Reorganization Agreement (Federated Municipal Securities Fund Inc), Reorganization Agreement (Federated Municipal Securities Fund Inc)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRED FUND. The obligations of the Acquired Fund to consummate the transactions provided for herein shall be subject, at its election, to the performance by the Acquiring Fund of all the obligations to be performed by the Acquiring Fund pursuant to this Agreement on or before the Closing Date, and, in addition, subject to the following conditions: All representations, covenants, and warranties of the Acquiring Fund contained in this Agreement shall be true and correct in all material respects as of the date hereof and as of the Closing Date, with the same force and effect as if made on and as of the Closing Date. The Acquiring Fund shall have delivered to the Acquired Fund on the Closing Date a certificate executed in the Acquiring Fund’s 's name by the Trust’s Corporation's President or Vice President and the its Treasurer or Assistant Treasurer, in form and substance satisfactory to the Acquired Fund and dated as of such the Closing Date, to such effect and as to such other matters as the Acquired Fund shall reasonably request.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Federated Municipal Securities Fund Inc), Merger Agreement (Banknorth Funds)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRED FUND. The obligations of the Acquired Fund to consummate the transactions provided for herein shall be subject, at its election, to the performance by the Acquiring Fund of all the obligations to be performed by the Acquiring Fund pursuant to this Agreement Agreement, on or before the Closing Date, Date and, in addition, subject to the following conditions: : 6.1 All representations, covenants, and warranties of the Acquiring Fund contained in this Agreement shall be true and correct in all material respects as of the date hereof and as of the Closing Date, with the same force and effect as if made on and as of the Closing Date. The Acquiring Fund shall have delivered to the Acquired Fund on the such Closing Date a certificate executed in the Acquiring Fund’s 's name by the Trust’s Maryland Corporation's President or Vice President and the its Treasurer or Assistant Treasurer, in form and substance satisfactory to the Acquired Fund and dated as of such the Closing Date, to such effect and as to such other matters as the Acquired Fund shall reasonably request.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (American Century Mutual Funds, Inc.), Agreement and Plan of Reorganization (American Century Quantitative Equity Funds, Inc.)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRED FUND. The obligations of the Acquired Fund to consummate the transactions provided for herein shall be subject, at its election, to the performance by the Acquiring Fund of all the obligations to be performed by the Acquiring Fund pursuant to this Agreement on or before the Closing Date, and, in addition, subject to the following conditions: All representations, covenants, covenants and warranties of the Acquiring Fund contained in this Agreement shall be true and correct in all material respects as of the date hereof and as of the Closing Date, with the same force and effect as if made on and as of the Closing Date. The Acquiring Fund shall have delivered to the Acquired Fund on the Closing Date a certificate executed in the Acquiring Fund’s name by the TrustAcquiring Fund’s President or Vice President and the its Treasurer or Assistant Treasurer, in form and substance satisfactory to the Acquired Fund and dated as of such the Closing Date, to such effect and as to such other matters as the Acquired Fund shall reasonably request.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Federated Equity Income Fund Inc), Agreement and Plan of Reorganization (Federated Equity Income Fund Inc)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRED FUND. The obligations of the Acquired Fund to consummate the transactions provided for herein shall be subject, at its election, to the performance by the Acquiring Fund of all the obligations to be performed by the Acquiring Fund pursuant to this Agreement on or before the Closing Date, and, in addition, subject to the following conditions: All representations, covenants, and warranties of the Acquiring Fund contained in this Agreement shall be true and correct in all material respects as of the date hereof and as of the Closing Date, with the same force and effect as if made on and as of the Closing Date. The Acquiring Fund shall have delivered to the Acquired Fund on the Closing Date a certificate executed in the Acquiring Fund’s name by the Federated Trust’s President or Vice President and the its Treasurer or Assistant Treasurer, in form and substance satisfactory to the Acquired Fund and dated as of such the Closing Date, to such effect and as to such other matters as the Acquired Fund shall reasonably request.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Federated Equity Funds), Agreement and Plan of Reorganization (Federated Equity Funds)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRED FUND. The obligations of the Acquired Fund to consummate the transactions provided for herein shall be subject, at its election, to the performance by the Acquiring Fund of all the obligations to be performed by the Acquiring Fund pursuant to this Agreement on or before the Closing Date, and, in addition, subject to the following conditions: All representations, covenants, and warranties of the Acquiring Fund contained in this Agreement shall be true and correct in all material respects as of the date hereof and as of the Closing Date, with the same force and effect as if made on and as of the Closing Date. The Acquiring Fund shall have delivered to the Acquired Fund on the Closing Date a certificate executed in the Acquiring Fund’s name by the Trust’s President or Vice President and the its Treasurer or Assistant Treasurer, in form and substance satisfactory to the Acquired Fund and dated as of such the Closing Date, to such effect and as to such other matters as the Acquired Fund shall reasonably request.

Appears in 2 contracts

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

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRED FUND. 6.1 The obligations of the Acquired Fund to consummate the transactions provided for herein shall be subject, at its election, to the performance by the Acquiring Fund of all the obligations to be performed by the Acquiring Fund pursuant to this Agreement on or before the Closing Date, and, in addition, subject to the following conditions: : 6.2 All representations, covenants, and warranties of the Acquiring Fund contained in this Agreement shall be true and correct in all material respects as of the date hereof and as of the Closing Date, with the same force and effect as if made on and as of the Closing Date. The Acquiring Fund shall have delivered to the Acquired Fund on the Closing Date a certificate executed in the Acquiring Fund’s 's name by the Federated Trust’s 's President or Vice President and the its Treasurer or Assistant Treasurer, in form and substance satisfactory to the Acquired Fund and dated as of such the Closing Date, to such effect and as to such other matters as the Acquired Fund shall reasonably request.

Appears in 2 contracts

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

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRED FUND. 6.1 The obligations of the Acquired Fund to consummate the transactions provided for herein shall be subject, at its election, to the performance by the Acquiring Fund of all the obligations to be performed by the Acquiring Fund pursuant to this Agreement on or before the Closing Date, and, in addition, subject to the following conditions: : 6.2 All representations, covenants, and warranties of the Acquiring Fund contained in this Agreement shall be true and correct in all material respects as of the date hereof and as of the Closing Date, with the same force and effect as if made on and as of the Closing Date. The Acquiring Fund shall have delivered to the Acquired Fund on the Closing Date a certificate executed in the Acquiring Fund’s 's name by the Trust’s its President or Vice President and the its Treasurer or Assistant Treasurer, in form and substance satisfactory to the Acquired Fund and dated as of such the Closing Date, to such effect and as to such other matters as the Acquired Fund shall reasonably request.

Appears in 2 contracts

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

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRED FUND. The obligations of the Acquired Fund to consummate the transactions provided for herein shall be subject, at its election, to the performance by the Acquiring Fund of all the obligations to be performed by the Acquiring Fund pursuant to this Agreement on or before the Closing Date, and, in addition, subject to the following conditions: : 6.1 All representations, covenants, and warranties of the Acquiring Fund contained in this Agreement shall be true and correct in all material respects as of the date hereof and as of the Closing Date, with the same force and effect as if made on and as of the Closing Date. The Acquiring Fund shall have delivered to the Acquired Fund on the Closing Date a certificate executed in the Acquiring Fund’s 's name by the Federated Trust’s 's President or Vice President and the its Treasurer or Assistant Treasurer, in form and substance satisfactory to the Acquired Fund and dated as of such the Closing Date, to such effect and as to such other matters as the Acquired Fund shall reasonably request.

Appears in 1 contract

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

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRED FUND. The obligations of the Acquired Fund to consummate the transactions provided for herein shall be subject, at its election, to the performance by the Acquiring Fund of all the obligations to be performed by the Acquiring Fund pursuant to this Agreement on or before the Closing Date, and, in addition, subject to the following conditions: All representations, covenants, and warranties of the Acquiring Fund contained in this Agreement shall be true and correct in all material respects as of the date hereof and as of the Closing Date, with the same force and effect as if made on and as of the Closing Date. The Acquiring Fund shall have delivered to the Acquired Fund on the Closing Date a certificate executed in the Acquiring Fund’s Fund?s name by the Trust’s Acquiring Fund?s President or Vice President and the its Treasurer or Assistant Treasurer, in form and substance satisfactory to the Acquired Fund and dated as of such the Closing Date, to such effect and as to such other matters as the Acquired Fund shall reasonably request.

Appears in 1 contract

Samples: Reorganization Agreement (Federated Municipal Securities Fund Inc)

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CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRED FUND. The obligations of the Acquired Fund to consummate the transactions provided for herein shall be subject, at its election, to the performance by the Acquiring Fund of all the obligations to be performed by the Acquiring Fund pursuant to this Agreement on or before the Closing Date, and, in addition, subject to the following conditions: All representations, covenants, and warranties of the Acquiring Fund contained in this Agreement shall be true and correct in all material respects as of the date hereof and as of the Closing Date, with the same force and effect as if made on and as of the Closing Date. The Acquiring Fund shall have delivered to the Acquired Fund on the Closing Date a certificate executed in the Acquiring Fund’s 's name by the Trust’s Acquiring Fund's President or Vice President and the its Treasurer or Assistant Treasurer, in form and substance satisfactory to the Acquired Fund and dated as of such the Closing Date, to such effect and as to such other matters as the Acquired Fund shall reasonably request.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Federated MDT Series)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRED FUND. The obligations of the Acquired Fund to consummate the transactions provided for herein shall be subject, at its election, to the performance by the Acquiring Fund of all the obligations to be performed by the Acquiring Fund pursuant to this Agreement on or before the Closing Date, and, in addition, subject to the following conditions: All representations, covenants, and warranties of the Acquiring Fund contained in this Agreement shall be true and correct in all material respects as of the date hereof and as of the Closing Date, with the same force and effect as if made on and as of the Closing Date. The Acquiring Fund shall have delivered to the Acquired Fund on the Closing Date a certificate executed in the Acquiring Fund’s 's name by the Federated Trust’s 's President or Vice President and the its Treasurer or Assistant Treasurer, in form and substance satisfactory to the Acquired Fund and dated as of such the Closing Date, to such effect and as to such other matters as the Acquired Fund shall reasonably request.

Appears in 1 contract

Samples: Merger Agreement (Banknorth Funds)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRED FUND. The obligations of the Acquired Fund to consummate the transactions provided for herein shall be subject, at its election, to the performance by the Acquiring Fund of all the obligations to be performed by the Acquiring Fund pursuant to this Agreement on or before the Closing Date, and, in addition, subject to the following conditions: : 6.1 All representations, covenants, and warranties of the Acquiring Fund contained in this Agreement shall be true and correct in all material respects as of the date hereof and as of the Closing Date, with the same force and effect as if made on and as of the Closing Date. The Acquiring Fund shall have delivered to the Acquired Fund on the Closing Date a certificate executed in the Acquiring Fund’s 's name by the Federated Trust’s 's President or Vice President and the its Treasurer or Assistant Treasurer, in form and substance satisfactory to the Acquired Fund and dated as of such the Closing Date, to such effect and as to such other matters as the Acquired Fund shall reasonably request. 6.2 The Acquired Fund shall receive an opinion of Xxxx Xxxxx LLP, counsel to the Acquiring Fund, in form and substance reasonably acceptable to the Acquired Fund, covering such matters as may be reasonably requested by the Acquired Fund and its counsel.

Appears in 1 contract

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

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRED FUND. The obligations of the Acquired Fund to consummate the transactions provided for herein shall be subject, at its election, to the performance by the MDT Trust and the Acquiring Fund of all the obligations to be performed by the Acquiring Fund them pursuant to this Agreement on or before the Closing Date, and, in addition, subject to the following conditions: : 6.1 All representations, covenants, and warranties of the MDT Trust and the Acquiring Fund contained in this Agreement shall be true and correct in all material respects as of the date hereof and as of the Closing Date, with the same force and effect as if made on and as of the Closing Date. The Acquiring Fund MDT Trust shall have delivered to the Acquired Fund on the Closing Date a certificate executed in the Acquiring Fund’s MDT Trust's name by the Trust’s its President or Vice President and the its Treasurer or Assistant Treasurer, in form and substance satisfactory to the Acquired Fund and dated as of such the Closing Date, to such effect and as to such other matters as the Acquired Fund shall reasonably request.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Federated MDT Series)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRED FUND. The obligations of the Acquired Fund to consummate the transactions provided for herein shall be subject, at its election, to the performance by the Acquiring Fund of all the obligations to be performed by the Acquiring Fund pursuant to this Agreement on or before the Closing Date, and, in addition, subject to the following conditions: All representations, covenants, and warranties of the Acquiring Fund contained in this Agreement shall be true and correct in all material respects as of the date hereof and as of the Closing Date, with the same force and effect as if made on and as of the Closing Date. The Acquiring Fund shall have delivered to the Acquired Fund on the Closing Date a certificate executed in the Acquiring Fund’s 's name by the Trust’s 's President or Vice President and the its Treasurer or Assistant Treasurer, in form and substance satisfactory to the Acquired Fund and dated as of such the Closing Date, to such effect and as to such other matters as the Acquired Fund shall reasonably request.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Federated Equity Funds)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRED FUND. The obligations of the Acquired Fund to consummate the transactions provided for herein shall be subject, at its election, to the performance by the Acquiring Fund of all the obligations to be performed by the Acquiring Fund pursuant to this Agreement on or before the Closing Date, and, in addition, subject to the following conditions: : 6.1 All representations, covenants, and warranties of the Acquiring Fund contained in this Agreement shall be true and correct in all material respects as of the date hereof and as of the Closing Date, with the same force and effect as if made on and as of the Closing Date. The Acquiring Fund shall have delivered to the Acquired Fund on the Closing Date a certificate executed in the Acquiring Fund’s 's name by the Trust’s its President or Vice President and the its Treasurer or Assistant Treasurer, in form and substance satisfactory to the Acquired Fund and dated as of such the Closing Date, to such effect and as to such other matters as the Acquired Fund shall reasonably request.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Federated Short Term Municipal Trust)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRED FUND. The obligations of the Acquired Fund to consummate the transactions provided for herein shall be subject, at its election, to the performance by the Acquiring Fund of all the obligations to be performed by the Acquiring Fund pursuant to this Agreement Agreement, on or before the Closing Date, Date and, in addition, subject to the following conditions: : 6.1 All representations, covenants, and warranties of the Acquiring Fund contained in this Agreement shall be true and correct in all material respects as of the date hereof and as of the Closing Date, with the same force and effect as if made on and as of the Closing Date. The Acquiring Fund shall have delivered to the Acquired Fund on the such Closing Date a certificate executed in the Acquiring Fund’s 's name by the Trust’s 's President or Vice President and the its Treasurer or Assistant Treasurer, in form and substance satisfactory to the Acquired Fund and dated as of such the Closing Date, to such effect and as to such other matters as the Acquired Fund shall reasonably request.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (American Century California Tax Free & Municipal Funds)

CONDITIONS PRECEDENT TO OBLIGATIONS OF THE ACQUIRED FUND. The obligations of the Acquired Fund to consummate the transactions provided for herein shall be subject, at its election, to the performance by the Acquiring Fund of all the obligations to be performed by the Acquiring Fund pursuant to this Agreement it hereunder on or before the Closing Date, and, in additionaddition thereto, subject to the following further conditions: : 6.1. All representations, covenants, representations and warranties of the Acquiring Fund contained in this Agreement shall be true and correct in all material respects as of the date hereof and as of the Closing Date, Date with the same force and effect as if made on and as of the Closing Date. The , and the Acquiring Fund shall have delivered to the Acquired Fund on the Closing Date a certificate executed in the Acquiring Fund’s its name by the Trust’s 's President or Vice President and the Treasurer or Assistant TreasurerPresident, in form and substance reasonably satisfactory to the Acquired Fund and dated as of such the Closing Date, to such effect and as to such other matters as the Acquired Fund shall reasonably request.

Appears in 1 contract

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

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