Common use of Continuity of Ownership Clause in Contracts

Continuity of Ownership. There is no plan or intention by the shareholders of any Acquired Fund to redeem or otherwise dispose of a number of the Acquiring Fund Shares received by it in connection with a Reorganization that would reduce the Acquired Fund Shareholders' ownership of voting stock of the Acquiring Fund to a number of shares having a value, as of the Closing Date, of less than fifty percent (50%) of the value of all of the formerly outstanding shares of the Acquired Fund as of the same date. For purposes of this representation, any Acquired Fund Shares exchanged for cash or other property or exchanged for cash in lieu of fractional shares of the Acquiring Fund will be treated as outstanding Acquired Fund Shares on the date of the Reorganization. Moreover, Acquired Fund Shares and Acquiring Fund Shares held by Acquired Fund Shareholders and otherwise sold, redeemed or disposed of prior or subsequent to the Reorganization will be considered in making this representation, except for Acquired Fund Shares or Acquiring Fund Shares which have been, or will be, redeemed by the Acquired Fund or the Acquiring Fund in the ordinary course of its business as a series of an open-end, management investment company under the Investment Company Act.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Hancock John Variable Series Trust I), Agreement and Plan of Reorganization (Hancock John Variable Series Trust I)

AutoNDA by SimpleDocs

Continuity of Ownership. There is no plan or intention by the shareholders of any Acquired Fund to redeem or otherwise dispose of a number of the Acquiring Fund Shares received by it them in connection with a the Reorganization that would reduce the Acquired Fund Shareholders' ownership of voting stock of the Acquiring Fund to a number of shares having a value, as of the Closing Date, of less than fifty percent (50%) of the value of all of the formerly outstanding shares of the Acquired Fund as of the same date. For purposes of this representation, any Acquired Fund Shares exchanged for cash or other property or exchanged for cash in lieu of fractional shares of the Acquiring Fund will be treated as outstanding Acquired Fund Shares on the date of the Reorganization. Moreover, Acquired Fund Shares and Acquiring Fund Shares held by Acquired Fund Shareholders and otherwise sold, redeemed or disposed of prior or subsequent to the Reorganization will be considered in making this representation, except for Acquired Fund Shares or Acquiring Fund Shares which have been, or will be, redeemed by the Acquired Fund or the Acquiring Fund in the ordinary course of its business as a series of an open-end, management investment company under the Investment Company Act.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Hancock John Variable Series Trust I)

Continuity of Ownership. There is no plan or intention by the shareholders of any the Acquired Fund to redeem or otherwise dispose of a number of the Acquiring Fund Shares received by it in connection with a the Reorganization that would reduce the Acquired Fund Shareholders' ownership of voting stock of the Acquiring Fund to a number of shares having a value, as of the Closing Date, of less than fifty percent (50%) of the value of all of the formerly outstanding shares of the Acquired Fund as of the same date. For purposes of this representation, any Acquired Fund Shares exchanged for cash or other property or exchanged for cash in lieu of fractional shares of the Acquiring Fund will be treated as outstanding Acquired Fund Shares on the date of the Reorganization. Moreover, Acquired Fund Shares and Acquiring Fund Shares held by Acquired Fund Shareholders and otherwise sold, redeemed or disposed of prior or subsequent to the Reorganization will be considered in making this representation, except for Acquired Fund Shares or Acquiring Fund Shares which have been, or will be, redeemed by the Acquired Fund or the Acquiring Fund in the ordinary course of its business as a series of an open-end, management investment company under the Investment Company Act.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Hancock John Variable Series Trust I)

AutoNDA by SimpleDocs

Continuity of Ownership. There is no plan or intention by the shareholders of any the Acquired Fund to redeem or otherwise dispose of a number of the Acquiring Fund Shares received by it them in connection with a the Reorganization that would reduce the Acquired Fund Shareholders' ownership of voting stock of the Acquiring Fund to a number of shares having a value, as of the Closing Date, of less than fifty percent (50%) of the value of all of the formerly outstanding shares of the Acquired Fund as of the same date. For purposes of this representation, any Acquired Fund Shares exchanged for cash or other property or exchanged for cash in lieu of fractional shares of the Acquiring Fund will be treated as outstanding Acquired Fund Shares on the date of the Reorganization. Moreover, Acquired Fund Shares and Acquiring Fund Shares held by Acquired Fund Shareholders and otherwise sold, redeemed or disposed of prior or subsequent to the Reorganization will be considered in making this representation, except for Acquired Fund Shares or Acquiring Fund Shares which have been, or will be, redeemed by the Acquired Fund or the Acquiring Fund in the ordinary course of its business as a series of an open-end, management investment company under the Investment Company Act.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Hancock John Variable Series Trust I)

Time is Money Join Law Insider Premium to draft better contracts faster.