Common use of ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES Clause in Contracts

ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 11.1. The Trust agrees that it has not made any representation, warranty or covenant, on behalf of the Acquiring Fund or the Acquired Fund, not set forth herein and that this Agreement constitutes the entire agreement between the parties. 11.2. The representations, warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall survive the consummation of the transactions contemplated hereunder. The covenants to be performed after the Closing shall survive the Closing.

Appears in 6 contracts

Samples: Reorganization Agreement (Lincoln Variable Insurance Products Trust), Reorganization Agreement (Lincoln Variable Insurance Products Trust), Agreement and Plan of Reorganization (Lincoln Variable Insurance Products Trust)

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ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 11.110.1. The Trust agrees that it has not made any representation, warranty or covenant, on behalf of the Acquiring Fund or the Acquired Fund, covenant not set forth herein and that this Agreement constitutes the entire agreement between the parties. 11.210.2. The representations, warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall survive the consummation of the transactions contemplated hereunder. The covenants to be performed after the Closing shall survive the Closing.

Appears in 5 contracts

Samples: Agreement and Plan of Reorganization (Ing Equity Trust), Agreement and Plan of Reorganization (Ing Variable Products Trust), Agreement and Plan of Reorganization (Ing Variable Products Trust)

ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 11.1. 10.1 The Trust agrees that it has not made any representation, warranty or covenant, on behalf of the Acquiring Fund or the Acquired Fund, covenant not set forth herein and that this Agreement constitutes the entire agreement between the parties. 11.2. 10.2 The representations, warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall survive the consummation of the transactions contemplated hereunder. The covenants to be performed after the Closing shall survive the Closing.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Pilgrim Funds Trust), Agreement and Plan of Reorganization (Pilgrim Funds Trust)

ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 11.1. 11.1 The Trust agrees that it has not made any representation, warranty or covenant, on behalf of either the Acquiring Fund or the Acquired Fund, not set forth herein and that this Agreement constitutes the entire agreement between the parties. 11.2. 11.2 The representations, warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall survive the consummation of the transactions contemplated hereunder. The covenants to be performed after the Closing shall survive the Closing.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (JPMorgan Trust I), Agreement and Plan of Reorganization (JPMorgan Trust I)

ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 11.1. 11.1 The Trust agrees that it has not made any representation, warranty or covenant, on behalf of either the Acquiring Acquired Fund or the Acquired Acquiring Fund, not set forth herein and that this Agreement constitutes the entire agreement between the parties. 11.2. 11.2 The representations, warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall survive the consummation of the transactions contemplated hereunder. The covenants to be performed after the Closing shall survive the Closing.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (JPMorgan Trust I), Reorganization Agreement (JPMorgan Trust I)

ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 11.1. The Trust agrees that it has not made any representation, warranty or covenant, on behalf of either the Acquiring Fund or the Acquired Fund, not set forth herein and that this Agreement constitutes the entire agreement between the parties. 11.2. The representations, warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall survive the consummation of the transactions contemplated hereunder. The covenants to be performed after the Closing shall survive the Closing.

Appears in 2 contracts

Samples: Reorganization Agreement (Mercer Funds), Reorganization Agreement (Mercer Funds)

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ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 11.1. The Trust agrees that it has not made any representation, warranty or covenant, on behalf of either the Acquiring Fund Funds or the Acquired FundFunds, not set forth herein and that this Agreement constitutes the entire agreement between the parties. 11.2. The representations, warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall survive the consummation of the transactions contemplated hereunder. The covenants to be performed after the Closing shall survive the Closing.

Appears in 1 contract

Samples: Reorganization Agreement (Forward Funds)

ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 11.1. 10.1 The Trust agrees that it has not made any representation, warranty or covenant, on behalf of either the Acquiring Acquired Fund or the Acquired Surviving Fund, not set forth herein herein, and that this Agreement constitutes the entire agreement between the partiesSurviving Fund and Acquired Fund with respect to the Reorganization. 11.2. 10.2 The representations, warranties and covenants contained in this Agreement Plan or in any document delivered pursuant hereto or in connection herewith shall survive the consummation of the transactions contemplated hereunder. The covenants to be performed after the Closing shall survive the Closing.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Pacific Select Fund)

ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 11.1. The Trust agrees that it has not made any representation, warranty or covenantcovenant regarding the Reorganization, on behalf of either the Acquiring Surviving Fund or the Acquired Fund, not set forth herein and that this Agreement Plan of Reorganization constitutes the entire agreement between the parties. 11.2. The representations, warranties and covenants contained in this Agreement Plan of Reorganization or in any document delivered pursuant hereto or in connection herewith shall survive the consummation of the transactions contemplated hereunder. The covenants to be performed after the Closing shall survive the Closing.

Appears in 1 contract

Samples: Plan of Reorganization (Marsico Investment Fund)

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