Common use of Determination of Value Clause in Contracts

Determination of Value. All computations of value hereunder shall be made in accordance with each Fund’s regular practice and the requirements of the Investment Company Act of 1940, as amended (the “1940 Act”) and shall be subject to confirmation by each Fund’s respective independent registered public accounting firm upon reasonable request of the other Fund. Upholdings LLC and Alpha Trust agree to use commercially reasonable efforts to resolve prior to the Valuation Time any material pricing differences for prices of portfolio securities of the Target Fund which are to be acquired by the Acquiring Fund.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Alpha Architect ETF Trust), Agreement and Plan of Reorganization (Alpha Architect ETF Trust)

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Determination of Value. All computations of value hereunder shall be by made in accordance with each Fund’s regular practice and the requirements of the Investment Company Act of 1940, as amended (the “1940 Act”) ), and shall be subject to confirmation by each Fund’s respective independent registered public accounting firm upon reasonable request of the other Fund. Upholdings LLC The Trust and Alpha Trust Acquired Fund agree to use all commercially reasonable efforts to resolve prior to the Valuation Time any material pricing differences for prices of portfolio securities of the Target Acquired Fund which are to be acquired also held by the Acquiring Fund.

Appears in 1 contract

Samples: Form of Agreement and Plan of Reorganization (Helios Total Return Fund Inc)

Determination of Value. All computations of value hereunder shall be by made in accordance with each Fund’s regular practice and the requirements of the Investment Company Act of 1940, as amended (the “1940 Act”) ), and shall be subject to confirmation by each Fund’s respective independent registered public accounting firm upon reasonable request of the other Fund. Upholdings LLC The Trust and Alpha Trust Target Fund agree to use all commercially reasonable efforts to resolve prior to the Valuation Time any material pricing differences for prices of portfolio securities of the Target Fund which are to be acquired also held by the Acquiring Fund.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Buffalo Funds)

Determination of Value. All computations of value hereunder shall be made in accordance with each Fund’s regular practice and the requirements of the Investment Company Act of 1940, as amended (the “1940 Act”) , and shall be subject to confirmation by each Fund’s respective independent registered public accounting firm upon reasonable request of the other Fund. Upholdings LLC The Target Fund and Alpha Trust the Acquiring Fund agree to use all commercially reasonable efforts to resolve prior to the Valuation Time any material pricing differences for prices of portfolio securities of the Target Fund which are to be acquired by may arise from use of the valuation procedures of the Acquiring Fund.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (WisdomTree Continuous Commodity Index Fund)

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Determination of Value. All computations of value hereunder shall be made in accordance with each a Fund’s regular practice and the requirements of the Investment Company Act of 1940, as amended (the “1940 Act”) ), and shall be subject to confirmation by each Fund’s respective the Funds’ independent registered public accounting firm upon reasonable request of the other Fund. Upholdings LLC and Alpha Trust agree to use commercially reasonable efforts to resolve prior to the Valuation Time any material pricing differences for prices of portfolio securities of the Target Fund which are to be acquired by the Acquiring Fundrequest.

Appears in 1 contract

Samples: Agreement and Plan of Despoking (Global Equity Long/Short Master Fund)

Determination of Value. All computations of value hereunder shall be made in accordance with each Fund’s regular practice and the requirements of the Investment Company Act of 1940, as amended (the “1940 Act”) ), and shall be subject to confirmation by each Fund’s respective independent registered public accounting firm upon reasonable request of the other Fund. Upholdings LLC PMP and Alpha FundX Investment Trust agree to use all commercially reasonable efforts to resolve prior to the Valuation Time any material pricing differences for prices of portfolio securities of the Target any Acquired Fund which are to be acquired also held by the a corresponding Acquiring Fund.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Professionally Managed Portfolios)

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