ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 10.1. Each Acquired Fund and corresponding Acquiring Fund agrees that neither party has made any representation, warranty or covenant not set forth herein and that this Agreement constitutes the entire agreement between the parties. 10.2. The representations, warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall not survive the consummation of the transactions contemplated hereunder except paragraphs 1.1, 1.2, 1.3, 1.5, 5.4, 5.6, 6.3, 9, 10, 13 and 14.
Appears in 16 contracts
Samples: Agreement and Plan of Reorganization (Columbia Funds Series Trust), Agreement and Plan of Reorganization (Columbia Funds Variable Insurance Trust I), Agreement and Plan of Reorganization (Columbia Funds Series Trust I)
ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 10.111.1. Each Acquired Target Fund and corresponding Acquiring Fund agrees that neither party has made any representation, warranty or covenant not set forth herein and that this Agreement constitutes the entire agreement between the parties.
10.211.2. The representations, warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall not survive the consummation of the transactions contemplated hereunder except paragraphs 1.12.1, 1.22.2, 1.32.3, 1.52.5, 5.46.4, 5.66.6, 6.3, 97.3, 10, 13 11, 14 and 1415.
Appears in 8 contracts
Samples: Agreement and Plan of Reorganization (Columbia Funds Variable Series Trust II), Agreement and Plan of Reorganization (Pax World Funds Series Trust I), Agreement and Plan of Reorganization (Pax World Funds Trust II)
ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 10.1. Each Acquired Fund and corresponding Acquiring Fund agrees that neither party has made any representation, warranty warranty, or covenant not set forth herein or referred to in Paragraphs 4.1 or 4.2 hereof and that this Agreement constitutes the entire agreement between the parties.
10.2. The representations, representations and warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall not survive the consummation of the transactions contemplated hereunder except paragraphs 1.1, 1.2, 1.3, 1.5, 5.4, 5.6, 6.3, 9, 10, 13 and 14hereunder.
Appears in 6 contracts
Samples: Agreement and Plan of Reorganization (Lord Abbett Investment Trust), Agreement and Plan of Reorganization (Lord Abbett Investment Trust), Agreement and Plan of Reorganization (Lord Abbett Municipal Income Fund Inc)
ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 10.111.1. Each Acquired Target Fund and corresponding Acquiring Fund agrees that neither party has made any representation, warranty or covenant not set forth herein and that this Agreement constitutes the entire agreement between the parties.
10.211.2. The representations, warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall not survive the consummation of the transactions contemplated hereunder except paragraphs 1.12.1, 1.22.2, 1.32.3, 1.52.4, 5.42.5, 5.65.3, 6.36.4, 96.6, 7.3, and 12.2, and articles 10, 13 11, 14 and 1415.
Appears in 5 contracts
Samples: Agreement and Plan of Reorganization (Columbia Acorn Trust), Agreement and Plan of Reorganization (Columbia Funds Series Trust II), Agreement and Plan of Reorganization (Columbia Funds Series Trust I)
ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 10.111.1. Each Acquired The Target Fund and corresponding Acquiring Fund agrees that neither party has made any representation, warranty or covenant not set forth herein and that this Agreement constitutes the entire agreement between the parties.
10.211.2. The representations, warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall not survive the consummation of the transactions contemplated hereunder except paragraphs 1.12.1, 1.22.2, 1.32.3, 1.52.4, 5.42.5, 5.65.3, 6.36.4, 96.6, 7.3, and 12.2, and articles 10, 13 11, 14 and 1415.
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (Wanger Advisors Trust), Agreement and Plan of Reorganization (Columbia Acorn Trust), Agreement and Plan of Reorganization (Wanger Advisors Trust)
ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 10.1. Each Acquired Fund and the corresponding Acquiring Fund agrees agree that neither party has made any representation, warranty or covenant not set forth herein and that this Agreement constitutes the entire agreement between the parties.
10.2. The representations, warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall not survive the consummation of the transactions contemplated hereunder except paragraphs 1.1, 1.2, 1.3, 1.5, 5.4, 5.6, 6.3, 9, 10, 13 and 14.
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (Columbia Funds Trust Iv), Reorganization Agreement (Columbia Small Cap Growth Fund Inc), Reorganization Agreement (Liberty Variable Investment Trust)
ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 10.1. Each 10.1 The Acquiring Fund and the Acquired Fund and corresponding Acquiring Fund agrees each agree that neither party has made any representation, warranty or covenant not set forth herein or referred to in Paragraphs 4.1 or 4.2 hereof and that this Agreement constitutes the entire agreement between the parties.
10.2. 10.2 The representations, warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall not survive the consummation of the transactions contemplated hereunder except paragraphs under Sections 1.1, 1.2, 1.3, 1.51.4, 5.4, 5.6, 6.31.7, 9, 10, 13 and 14.
Appears in 4 contracts
Samples: Reorganization Agreement (Pioneer Series Trust Ii), Reorganization Agreement (Pioneer Series Trust Ii), Reorganization Agreement (Pioneer Series Trust Ii)
ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 10.1. 10.1 Each Acquired Acquiring Fund and corresponding Acquiring each Transferring Fund agrees that neither party has made any representation, warranty or covenant not set forth herein and that this Agreement constitutes the entire agreement between the parties.
10.2. 10.2 The representations, warranties warranties, and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall not survive the consummation of the transactions contemplated hereunder except paragraphs 1.1, 1.2, 1.3, 1.51.4, 5.4, 5.6, 6.3, 9, 10, 13 4.1 (n) and 14.4.2 (k) and Articles IX and X.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Advisers Investment Trust), Agreement and Plan of Reorganization (Advisers Investment Trust)
ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 10.1. Each Acquired Fund and the corresponding Acquiring Fund agrees agree that neither party has made any representation, warranty or covenant not set forth herein and that this Agreement constitutes the entire agreement between the parties.
10.2. The representations, warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall not survive the consummation of the transactions contemplated hereunder except paragraphs 1.1, 1.2, 1.3, 1.5, 5.4, 5.6, 6.3, 9, 10, 13 and 14.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Columbia Funds Series Trust I), Agreement and Plan of Reorganization (Columbia Funds Series Trust I)
ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 10.111.1. Each Acquired The Target Fund and corresponding Acquiring Fund each agrees that neither party has made any representation, warranty or covenant not set forth herein and that this Agreement constitutes the entire agreement between the parties.
10.211.2. The representations, warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall not survive the consummation of the transactions contemplated hereunder except paragraphs 1.12.1, 1.22.2, 1.32.3, 1.52.5, 5.46.4, 5.66.6, 6.3, 97.3, 10, 13 11, 14 and 1415.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Nexpoint Opportunistic Credit Fund), Agreement and Plan of Reorganization (Nexpoint Opportunistic Credit Fund)
ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 10.111.1. Each Acquired Target Fund and corresponding Acquiring Fund agrees that neither party has made any representation, warranty or covenant not set forth herein and that this Agreement constitutes the entire agreement between the parties.
10.211.2. The representations, warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall not survive the consummation of the transactions contemplated hereunder except paragraphs 1.12.1, 1.22.2, 1.32.3, 1.52.5, 5.46.4, 5.6, 6.3, 96.6, 10, 13 11, 14 and 1415.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Pax World Funds Series Trust Iii), Agreement and Plan of Reorganization (Pax World Funds Series Trust Iii)
ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 10.1. Each Acquired Fund and corresponding the Acquiring Fund agrees agree that neither party has made any representation, warranty or covenant not set forth herein and that this Agreement constitutes the entire agreement between the parties.
10.2. The representations, warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall not survive the consummation of the transactions contemplated hereunder except paragraphs 1.1, 1.2, 1.3, 1.5, 5.4, 5.6, 6.3, 9, 10, 13 and 14.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Columbia Funds Series Trust I), Agreement and Plan of Reorganization (Columbia Funds Series Trust I)
ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 10.1. Each The Acquired Fund and corresponding the Acquiring Fund agrees agree that neither party has made any representation, warranty or covenant not set forth herein and that this Agreement constitutes the entire agreement between the parties.
10.2. The representations, warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall not survive the consummation of the transactions contemplated hereunder except paragraphs 1.1, 1.2, 1.3, 1.5, 5.4, 5.6, 6.3, 9, 10, 13 and 14.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Columbia Funds Series Trust)
ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 10.111.1. Each of the Acquired Fund and corresponding Acquiring Fund agrees that neither party has made any representation, warranty or covenant not set forth herein and that this Agreement constitutes the entire agreement between the parties.
10.211.2. The representations, warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall not survive the consummation of the transactions contemplated hereunder except paragraphs 1.12.1, 1.22.2, 1.32.3, 1.5, 5.4, 5.6, 6.3, 92.5, 10, 13 11, 14 and 1415. 12.
Appears in 1 contract
Samples: Reorganization Agreement (State Street Institutional Investment Trust)
ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 10.111.1. Each Acquired Target Fund and corresponding Acquiring Fund agrees that neither party has made any representation, warranty or covenant not set forth herein and that this Agreement constitutes the entire agreement between the parties.
10.211.2. The representations, warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall not survive the consummation of the transactions contemplated hereunder except paragraphs 1.12.1, 1.22.2, 1.32.3, 1.52.5, 5.46.4, 5.6, 6.3, 96.5, 10, 13 11, 14 and 1415.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Schroder Series Trust)
ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 10.111.1. Each Acquired Fund and corresponding Acquiring Fund agrees Fund, agree that neither party has made any representation, warranty or covenant not set forth herein and that this Agreement constitutes the entire agreement between the parties.
10.211.2. The representations, warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall not survive the consummation of the transactions contemplated hereunder except paragraphs 1.12.1, 1.22.3, 1.32.5, 1.5, 5.4, 5.6, 6.3, 96.4, 10, 13 11, 14 and 1415.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Nations Funds Trust)
ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 10.111.1. Each of the Acquired Fund and corresponding Acquiring Fund agrees that neither party has made any representation, warranty or covenant not set forth herein and that this Agreement constitutes the entire agreement between the parties.
10.211.2. The representations, warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall not survive the consummation of the transactions contemplated hereunder except paragraphs 1.12.1, 1.22.2, 1.32.3, 1.5, 5.4, 5.6, 6.3, 92.5, 10, 13 11, 14 and 1415.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (State Street Institutional Investment Trust)
ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 10.1. Each Acquired Fund and corresponding Acquiring Fund agrees that neither party has made any representation, warranty or covenant not set forth herein and that this Agreement constitutes the entire agreement between the parties.
10.2. The representations, warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall not survive the consummation of the transactions contemplated hereunder except paragraphs 1.1, 1.2, 1.3, 1.4, 1.5, 4.3, 4.4, 5.4, 5.6, 5.8, 6.2, 6.3, 9, 10, 13 and 14.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Columbia Acorn Trust)
ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 10.111.1. Each Acquired Target Fund and corresponding Acquiring Fund agrees that neither party has made any representation, warranty or covenant not set forth herein and that this Agreement constitutes the entire agreement between the parties.
10.211.2. The representations, warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall not survive the consummation of the transactions contemplated hereunder except paragraphs 1.12.1, 1.22.2, 1.32.3, 1.56.4, 5.46.6, 5.6, 6.3, 97.3, 10, 13 11, 14 and 1415.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Highland Funds Ii)
ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 10.1. Each Acquired The Value Fund and corresponding Acquiring the Balanced Fund agrees each agree that neither party has made any representation, warranty or covenant not set forth herein and that this Agreement constitutes the entire agreement between the parties.
10.2. The representations, warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall not survive the consummation of the transactions contemplated hereunder except paragraphs 1.1, 1.2, 1.31.4, 1.5, 1.6, 3.4, 5.4, 5.6, 6.3, 9, 10, 13 and 14.
Appears in 1 contract
Samples: Reorganization Agreement (Pax World Funds Series Trust I)
ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 10.1. Each The Acquired Fund and corresponding Acquiring Fund agrees that neither party has made any representation, warranty or covenant not set forth herein and that this Agreement constitutes the entire agreement between the parties.
10.2. The representations, warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall not survive the consummation of the transactions contemplated hereunder except paragraphs 1.1, 1.2, 1.3, 1.5, 5.4, 5.6, 6.3, 9, 10, 13 and 14.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Columbia Funds Series Trust)
ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 10.1. Each The Acquired Fund and the corresponding Acquiring Fund agrees agree that neither party has made any representation, warranty or covenant not set forth herein and that this Agreement constitutes the entire agreement between the parties.
10.2. The representations, warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall not survive the consummation of the transactions contemplated hereunder except paragraphs 1.1, 1.2, 1.3, 1.5, 5.4, 5.6, 6.3, 9, 10, 13 and 14.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Columbia Funds Series Trust)
ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 10.1. Each Acquired Fund and corresponding the Acquiring Fund agrees that neither party has made any representation, warranty or covenant not set forth herein and that this Agreement constitutes the entire agreement between the parties.
10.2. The representations, warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall not survive the consummation of the transactions contemplated hereunder except paragraphs 1.1, 1.2, 1.3, 1.5, 4.3, 4.4, 5.4, 5.6, 5.8, 6.2, 6.3, 7.2, 9, 10, 13 and 14.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Columbia Acorn Trust)
