Common use of Delivery and Transfer Clause in Contracts

Delivery and Transfer. (a) Assets held by an Acquired Fund that are not already held by the Custodian shall be delivered by JHVST to the Custodian on the Closing Date. No later than three (3) business days preceding the Closing Date, JHVST shall instruct the Custodian to transfer these and all other Acquired Fund assets to the account of the corresponding Acquiring Fund as of the Effective Time. The assets so delivered shall be duly endorsed or in other proper form for transfer in such condition as to constitute a good delivery thereof, and shall be accompanied by all necessary state stock transfer stamps, if any, or a check for the appropriate purchase price thereof. An Acquired Fund's cash that is not already held by the Custodian shall be delivered to the Custodian for the account of the Acquiring Fund on the Closing Date and shall be in the form of currency or wire transfer in Federal funds, payable to the order of the account of the Acquiring Fund at the Custodian. (b) If, on the Closing Date, an Acquired Fund is unable to make delivery in the manner contemplated by Section 2.4(a) of securities held by the Acquired Fund for the reason that any of such securities purchased prior to the Closing Date have not yet been delivered to the Acquired Fund or its broker, then JHVST shall waive the delivery requirements of Section 2.4(a) with respect to said undelivered securities if the Acquired Fund has delivered to the Custodian by or on the Closing Date, and with respect to said undelivered securities, executed copies of an agreement of assignment and escrow agreement and due bills executed on behalf of said broker or brokers, together with such other documents as may be required by JHVST or the Custodian, including brokers' confirmation slips.

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)

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Delivery and Transfer. (a) Assets held by an the Acquired Fund that are not already held by the Custodian shall be delivered by JHVST LSAVST to the Custodian on the Closing Date. No later than three (3) business days preceding the Closing Date, JHVST LSAVST shall instruct the Custodian to transfer these and all other Acquired Fund assets to the account of the corresponding Acquiring Fund as of the Effective Time. The assets so delivered shall be duly endorsed or in other proper form for transfer in such condition as to constitute a good delivery thereof, and shall be accompanied by all necessary federal and state stock transfer stamps, if any, or a check for the appropriate purchase price thereof. An The Acquired Fund's cash that is not already held by the Custodian shall be delivered to the Custodian for the account of the Acquiring Fund on the Closing Date and shall be in the form of currency or wire transfer in Federal funds, funds payable to the order of the account of the Acquiring Fund at the Custodian. (b) If, on the Closing Date, an the Acquired Fund is unable to make delivery in the manner contemplated by Section 2.4(a2.3(a) of securities held by the Acquired Fund for the reason that any of such securities purchased prior to the Closing Date have not yet been delivered to the Acquired Fund or its broker, then JHVST LSAVST shall waive the delivery requirements of Section 2.4(a2.3(a) with respect to said undelivered securities if the Acquired Fund has delivered to the Custodian by or on the Closing Date, and with respect to said undelivered securities, executed copies of an agreement of assignment and escrow agreement and due bills executed on behalf of said broker or brokers, together with such other documents as may reasonably be required by JHVST LSAVST or the Custodian, including brokers' confirmation slips. (c) Investors Bank & Trust Company ("IBT"), as custodian for the Acquired Fund (the "Custodian"), shall deliver at the Closing a certificate of an authorized officer stating that: (a) the Acquired Fund's portfolio securities, cash, and any other assets shall have been delivered in proper form to the Acquiring Fund on the Closing Date; and (b) all necessary taxes, including all applicable federal and state stock transfer stamps, if any, shall have been paid, or provision for payment shall have been made, in conjunction with delivery of portfolio securities by the Acquired Fund.

Appears in 1 contract

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

Delivery and Transfer. (a) Assets held by an Acquired Fund that are not already held by the Custodian shall be delivered by JHVST to the Custodian on the Closing Date. No later than three (3) business days preceding the Closing Date, JHVST shall instruct the Custodian to transfer these and all other Acquired Fund assets to the account of the corresponding Acquiring Fund as of the Effective Time. The assets so delivered shall be duly endorsed or in other proper form for transfer in such condition as to constitute a good delivery thereof, and shall be accompanied by all necessary state stock transfer stamps, if any, or a check for the appropriate purchase price thereof. An The Acquired Fund's cash that is not already held by the Custodian shall be delivered to the Custodian for the account of the Acquiring Fund on the Closing Date and shall be in the form of [currency or wire transfer in Federal funds], payable to the order of the account of the Acquiring Fund at the Custodian. (b) If, on the Closing Date, an Acquired Fund is unable to make delivery in the manner contemplated by Section 2.4(a) of securities held by the Acquired Fund for the reason that any of such securities purchased prior to the Closing Date have not yet been delivered to the Acquired Fund or its broker, then JHVST shall waive the delivery requirements of Section 2.4(a) with respect to said undelivered securities if the Acquired Fund has delivered to the Custodian by or on the Closing Date, and with respect to said undelivered securities, executed copies of an agreement of assignment and escrow agreement and due bills executed on behalf of said broker or brokers, together with such other documents as may be required by JHVST or the Custodian, including brokers' confirmation slips.

Appears in 1 contract

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

Delivery and Transfer. (a) Assets held by an the Acquired Fund that are not already held by the Custodian shall be delivered by JHVST to the Custodian on the Closing Date. No later than three (3) business days preceding the Closing Date, JHVST shall instruct the Custodian to transfer these and all other Acquired Fund assets to the account of the corresponding Acquiring Fund as of the Effective Time. The assets so delivered shall be duly endorsed or in other proper form for transfer in such condition as to constitute a good delivery thereof, and shall be accompanied by all necessary state stock transfer stamps, if any, or a check for the appropriate purchase price thereof. An The Acquired Fund's cash that is not already held by the Custodian shall be delivered to the Custodian for the account of the Acquiring Fund on the Closing Date and shall be in the form of currency or wire transfer in Federal funds, payable to the order of the account of the Acquiring Fund at the Custodian. (b) If, on the Closing Date, an the Acquired Fund is unable to make delivery in the manner contemplated by Section 2.4(a) of securities held by the Acquired Fund for the reason that any of such securities purchased prior to the Closing Date have not yet been delivered to the Acquired Fund or its broker, then JHVST shall waive the delivery requirements of Section 2.4(a) with respect to said undelivered securities if the Acquired Fund has delivered to the Custodian by or on the Closing Date, and with respect to said undelivered securities, executed copies of an agreement of assignment and escrow agreement and due bills executed on behalf of said broker or brokers, together with such other documents as may be required by JHVST or the Custodian, including brokers' confirmation slips.

Appears in 1 contract

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

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Delivery and Transfer. (a) Assets held by an the Acquired Fund that are not already held by the Custodian shall be delivered by JHVST to the Custodian on the Closing Date. No later than three (3) business days preceding the Closing Date, JHVST shall instruct the Custodian to transfer these and all other Acquired Fund assets to the account of the corresponding Acquiring Fund as of the Effective Time. The assets so delivered shall be duly endorsed or in other proper form for transfer in such condition as to constitute a good delivery thereof, and shall be accompanied by all necessary state stock transfer stamps, if any, or a check for the appropriate purchase price thereof. An The Acquired Fund's cash that is not already held by the Custodian shall be delivered to the Custodian for the account of the Acquiring Fund on the Closing Date and shall be in the form of [currency or wire transfer in Federal funds], payable to the order of the account of the Acquiring Fund at the Custodian. (b) If, on the Closing Date, an the Acquired Fund is unable to make delivery in the manner contemplated by Section 2.4(a) of securities held by the Acquired Fund for the reason that any of such securities purchased prior to the Closing Date have not yet been delivered to the Acquired Fund or its broker, then JHVST shall waive the delivery requirements of Section 2.4(a) with respect to said undelivered securities if the Acquired Fund has delivered to the Custodian by or on the Closing Date, and with respect to said undelivered securities, executed copies of an agreement of assignment and escrow agreement and due bills executed on behalf of said broker or brokers, together with such other documents as may be required by JHVST or the Custodian, including brokers' confirmation slips.

Appears in 1 contract

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

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