Due Authorizations; No Breaches or Defaults. The execution and delivery of this Agreement by JHVST on behalf of the Funds and the performance by JHVST of its obligations hereunder has been duly authorized, by all necessary corporate action on the part of JHVST, subject to the Acquired Fund Shareholders' approval of each Reorganization, and (i) will not, result in any violation of the Agreement and Declaration of Trust or by-laws of JHVST and (ii) will not result in a breach of any of the terms or provisions of, or constitute (with or without the giving of notice or the lapse of time or both) a default under, or give rise to a right of termination, cancellation or acceleration of any obligation or to the loss of a material benefit under, or result in the creation or imposition of any Lien upon any property or assets of the any Fund (except for such breaches or defaults or Liens that would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect) under (A) any indenture, mortgage or loan agreement or any other material agreement or instrument to which JHVST is a party or by which it may be bound and which relates to the assets of either Fund or to which any property of either Fund may be subject; (B) any Permit (as defined below); or (C) any existing applicable law, rule, regulation, judgment, order or decree of any Governmental Authority having jurisdiction over JHVST or any property of any Fund.
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)
Due Authorizations; No Breaches or Defaults. The execution and delivery of this Agreement by JHVST on behalf of the Funds and the performance by JHVST of its obligations hereunder has been duly authorized, by all necessary corporate action on the part of JHVST, subject to other than the Acquired Fund Shareholders' approval of each the Reorganization, and (i) will not, result in any violation of the Agreement and Declaration of Trust or by-laws of JHVST and (ii) will not result in a breach of any of the terms or provisions of, or constitute (with or without the giving of notice or the lapse of time or both) a default under, or give rise to a right of termination, cancellation or acceleration of any obligation or to the loss of a material benefit under, or result in the creation or imposition of any Lien upon any property or assets of the any Fund (except for such breaches or defaults or Liens that would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect) under (A) any indenture, mortgage or loan agreement or any other material agreement or instrument to which JHVST is a party or by which it may be bound and which relates to the assets of either any Fund or to which any property of either any Fund may be subject; (B) any Permit (as defined below); or (C) any existing applicable law, rule, regulation, judgment, order or decree of any Governmental Authority having jurisdiction over JHVST or any property of any Fund.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Hancock John Variable Series Trust I)
Due Authorizations; No Breaches or Defaults. The execution and delivery of this Agreement by JHVST on behalf of the Funds and the performance by JHVST of its obligations hereunder has been duly authorized, by all necessary corporate action on the part of JHVST, subject to other than the Acquired Fund Shareholders' approval of each the Reorganization, and (i) will not, result in any violation of the Agreement and Declaration of Trust or by-laws of JHVST and (ii) will not result in a breach of any of the terms or provisions of, or constitute (with or without the giving of notice or the lapse of time or both) a default under, or give rise to a right of termination, cancellation or acceleration of any obligation or to the loss of a material benefit under, or result in the creation or imposition of any Lien upon any property or assets of the any either Fund (except for such breaches or defaults or Liens that would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect) under (A) any indenture, mortgage or loan agreement or any other material agreement or instrument to which JHVST is a party or by which it may be bound and which relates to the assets of either Fund or to which any property of either Fund may be subject; (B) any Permit (as defined below); or (C) any existing applicable law, rule, regulation, judgment, order or decree of any Governmental Authority having jurisdiction over JHVST or any property of any the either Fund.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Hancock John Variable Series Trust I)
Due Authorizations; No Breaches or Defaults. The execution and delivery of this Agreement by JHVST on behalf of the Funds and the performance by JHVST of its obligations hereunder has been duly authorized, by all necessary corporate action on the part of JHVST, subject to other than the Acquired Fund Shareholders' approval of each the Reorganization, and (i) will not, result in any violation of the Agreement and Declaration of Trust or by-laws of JHVST and (ii) will not result in a breach of any of the terms or provisions of, or constitute (with or without the giving of notice or the lapse of time or both) a default under, or give rise to a right of termination, cancellation or acceleration of any obligation or to the loss of a material benefit under, or result in the creation or imposition of any Lien upon any property or assets of the any Fund (except for such breaches or defaults or Liens that would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect) under (A) any indenture, mortgage or loan agreement or any other material agreement or instrument to which JHVST is a party or by which it may be bound and which relates to the assets of either Fund or to which any property of either Fund may be subject; (B) any Permit (as defined below); or (C) any existing applicable law, rule, regulation, judgment, order or decree of any Governmental Authority having jurisdiction over JHVST or any property of any either Fund.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Hancock John Variable Series Trust I)