Common use of Declaration of Dividend Clause in Contracts

Declaration of Dividend. The Selling Fund, prior to the Closing, has declared a dividend or dividends, which, together with all previous such dividends, shall have the effect of distributing to the Selling Fund shareholders (i) all of the excess of (x) the Selling Fund's investment income excludable from gross income under Section 103 of the Code over (y) the Selling Fund's deductions disallowed under Sections 265 and 171 of the Code, (ii) all of the Selling Fund's investment company taxable income as defined in Section 852 of the Code (in each case computed without regard to any deduction for dividends paid) and (iii) all of the Selling Fund's net capital gain realized (after reduction for any capital loss carryover), in each case for the current taxable year (which will end on the Closing date) and any preceding taxable years for which such a dividend is eligible to be made under Section 855 of the Code.

Appears in 15 contracts

Samples: Reorganization Agreement (Riversource Large Cap Series, Inc.), Agreement and Plan of Reorganization (Riversource International Series, Inc.), Agreement and Plan of Reorganization (Riversource Large Cap Series, Inc.)

AutoNDA by SimpleDocs

Declaration of Dividend. The Selling Fund, prior to the Closing, has declared a dividend or dividends, which, together with all previous such dividends, shall have the effect of distributing to the Selling Fund shareholders (i) all of the excess of (x) the Selling Fund's investment income excludable from gross income under Section 103 of the Code over (y) the Selling Fund's deductions disallowed under Sections 265 and 171 of the Code, (ii) all of the Selling Fund's investment company taxable income as defined in Section 852 of the Code (in each case computed without regard to any deduction for dividends paid) ), and (iii) all of the Selling Fund's net capital gain realized (after reduction for any capital loss carryover), in each case for the current taxable year (which will end on the Closing date) and any preceding taxable years for which such a dividend is eligible to be made under Section 855 of the Code.

Appears in 9 contracts

Samples: Agreement and Plan of Reorganization (Axp Growth Series Inc/Mn), Agreement and Plan of Reorganization (Axp Variable Portfolio Investment Series Inc), Agreement and Plan of Reorganization (Axp Variable Portfolio Money Market Series Inc)

Declaration of Dividend. The Selling FundFund will have declared, prior to the Closing, has declared a dividend or dividends, which, together with all previous such dividends, shall have the effect of distributing to the Selling Fund shareholders (i) all of the excess of (x) the Selling Fund's investment income excludable from gross income under Section 103 of the Code over (y) the Selling Fund's deductions disallowed under Sections 265 and 171 of the Code, (ii) all of the Selling Fund's investment company taxable income as defined in Section 852 of the Code (in each case computed without regard to any deduction for dividends paid) and (iii) all of the Selling Fund's net capital gain realized (after reduction for any capital loss carryover), in each case for the current taxable year (which will end on the Closing date) and any preceding taxable years for which such a dividend is eligible to be made under Section 855 of the Code.

Appears in 9 contracts

Samples: Agreement and Plan of Reorganization (Riversource Market Advantage Series, Inc.), Agreement and Plan of Reorganization (Riversource Large Cap Series, Inc.), Agreement and Plan of Reorganization (Seligman Municipal Fund Series Inc)

Declaration of Dividend. The Selling Acquired Fund, prior to the Closing, has will have declared a dividend or dividends, which, together with all previous such dividends, shall have the effect of distributing to the Selling shareholders of the Acquired Fund shareholders (i) all of the excess of (x) the Selling Acquired Fund's investment income excludable from gross income under Section 103 of the Code over (y) the Selling Acquired Fund's deductions disallowed under Sections 265 and 171 of the Code, (ii) all of the Selling Acquired Fund's investment company taxable income as defined in Section 852 of the Code (in each case computed without regard to any deduction for dividends paid) and (iii) all of the Selling Acquired Fund's net capital gain realized (after reduction for any capital loss carryover), in each case for the current taxable year (which will end on the Closing date) and any preceding taxable years for which such a dividend is eligible to be made under Section 855 of the Code.

Appears in 7 contracts

Samples: Agreement and Plan of Reorganization (Allianz Variable Insurance Products Trust), Agreement and Plan of Reorganization (Allianz Variable Insurance Products Trust), Agreement and Plan of Reorganization (Allianz Variable Insurance Products Trust)

AutoNDA by SimpleDocs

Declaration of Dividend. The Each Selling FundFund will have declared, prior to the Closing, has declared a dividend or dividends, which, together with all previous such dividends, shall have the effect of distributing to the Selling Fund Funds' shareholders (i) all of the excess of (x) the Selling Fund's Funds' investment income excludable from gross income under Section 103 of the Code over (y) the Selling Fund's Funds' deductions disallowed under Sections 265 and 171 of the Code, (ii) all of the Selling Fund's Funds' investment company taxable income as defined in Section 852 of the Code (in each case computed without regard to any deduction for dividends paid) and (iii) all of the Selling Fund's Funds' net capital gain realized (after reduction for any capital loss carryover), in each case for the current taxable year (which will end on the Closing date) and any preceding taxable years for which such a dividend is eligible to be made under Section 855 of the Code.

Appears in 5 contracts

Samples: Agreement and Plan of Reorganization (Riversource Investment Series, Inc.), Agreement and Plan of Reorganization (Riversource Strategy Series, Inc.), Agreement and Plan of Reorganization (Seligman Value Fund Series Inc)

Declaration of Dividend. The Each Selling FundFund will have declared, prior to the Closing, has declared a dividend or dividends, which, together with all previous such dividends, shall have the effect of distributing to the Selling Fund Funds’ shareholders (i) all of the excess of (x) the Selling Fund's Funds’ investment income excludable from gross income under Section 103 of the Code over (y) the Selling Fund's Funds’ deductions disallowed under Sections 265 and 171 of the Code, (ii) all of the Selling Fund's Funds’ investment company taxable income as defined in Section 852 of the Code (in each case computed without regard to any deduction for dividends paid) and (iii) all of the Selling Fund's Funds’ net capital gain realized (after reduction for any capital loss carryover), in each case for the current taxable year (which will end on the Closing date) and any preceding taxable years for which such a dividend is eligible to be made under Section 855 of the Code.

Appears in 1 contract

Samples: Reorganization Agreement (Riversource Equity Series Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!