Documents Delivered. Each copy or original of any agreement, contract or other instrument which is identified in any exhibit delivered by Seller or their counsel to Buyer (or its counsel or representatives), whether before or after the execution hereof, is in fact what it is purported to be by the Seller and has not been amended, canceled or otherwise modified.
Documents Delivered. Stockholder acknowledges receipt of copies of the following documents:
(a) the Merger Agreement and all Exhibits and Schedules thereto; and
(b) each report filed with the Securities and Exchange Commission by the Yahoo! on Forms 8-K and 10-Q since August 1, 1998.
Documents Delivered. The Trust has delivered to the Administrator properly certified or authenticated copies of each of the following documents presently in effect and will deliver to them all future amendments and supplements thereto, if any:
A. Amended Joint Powers Agreement and Declaration of Trust, dated as of October 1, 1987, as amended August 1, 1988 and May 1, 1993 (the "Declaration");
B. Restated Bylaws of the Trust (the "Bylaws");
C. Certified resolutions of the Trustees of the Trust authorizing the appointment of Investors Management Group, Ltd., as Administrator of the Trust and approving the form of this Agreement;
D. Information Statement of the Trust ("Information Statement");
E. A Certificate of the Secretary of the Trust setting forth the names and specimen signatures of the individuals authorized to act on behalf of the Trust in connection with matters arising hereunder as Authorized Officers.
F. A copy of the Custodian Agreement dated January 1, 2004.
G. A copy of the Advisor Agreement dated January 1,
Documents Delivered. The Fund has delivered to the Adviser copies of each of the following documents and will deliver to it all future amendments and supplements, if any:
(a) Amended and Restated Articles of Incorporation of the Fund, dated September 2, 1986 (such Articles of Incorporation, as presently in effect and as amended from time to time, are herein called the "Articles of Incorporation");
(b) By-Laws of the Fund (such By-Laws, as presently in effect and as amended from time to time, are herein called the "By-Laws");
(c) Certified resolutions of the Board of Directors of the Fund authorizing the appointment of the Adviser and approving the form of this Agreement:
(d) Registration Statement under the Securities Act of 1933, on Form N-1A (the "Registration Statement") as filed with the Securities and Exchange Commission (the "Commission") on September 5, 1986, relating to shares of the Fund's Shares, and all amendments thereto;
(e) Notification of Registration of the Fund under the 1940 Act on Form N-8A as filed with the Commission on September 5, 1986, and all amendments thereto.
Documents Delivered. Shareholder acknowledges receipt of a copy of the Merger Agreement and all exhibits, annexes and schedules thereto.
Documents Delivered. Each Stockholder acknowledges receipt of copies of the following documents:
(a) the Merger Agreement and all Annexes thereto;
(b) the Option Agreement;
(c) Acquiror's Annual Report on Form 10-K for the fiscal year ended June 30, 1998;
(d) Acquiror's Proxy Statement dated September 28, 1998; and
(e) each report filed with the Securities and Exchange Commission by the Acquiror on Forms 8-K and 10-Q since June 30, 1998. Each Stockholder also acknowledges that he possesses the information relating to the Company which he deems relevant to his investment in the Acquiror Common Stock should the Merger be consummated.
Documents Delivered. Grantee acknowledges receipt of copies of the following documents:
(a) The Company's Annual Report on Form 10-K for the year ended December 31, 1996;
(b) The Company's Proxy Statement for the meeting of the Company's stockholder held April 16, 1997; and
(c) The Company's Quarterly Report on Form 10-Q for the quarter ended September 30, 1997.
Documents Delivered. Buyer shall have delivered at the Closing all of the documents described in Section 10.3 of this Agreement.
Documents Delivered. Shareholder acknowledges having ------------------- reviewed the Agreement and its attachments and that reports, proxy statements and other information with respect to Mercantile filed with the Securities and Exchange Commission (the "Commission") were, prior to his execution of this Voting Agreement, available for inspection and copying at the Offices of the Commission and that Mercantile delivered the following such documents to Horizon:
(a) Mercantile's Annual Report on Form 10-K for the year ended December 31, 1996;
(b) Mercantile's Quarterly Report on Form 10-Q for the quarter ended March 31, 1997; and
(c) Mercantile's Current Reports on Form 8-K dated May 2, 1997, May 13, 1997 and July 14, 1997 and Current Report on Form 8-K/A dated May 22, 1997.
Documents Delivered. Each Stockholder acknowledges receipt of copies of the Merger Agreement and all exhibits and schedules thereto. Each Stockholder also acknowledges that such Stockholder possesses all the information relating to the Company and the Parent which such Stockholder deems relevant or material to such Stockholder's investment in the Parent ADSs and the underlying Parent Common Stock should the Merger be consummated and to its entering into this Agreement.
