ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 11.1 The Selling Trust and the Acquiring Trust have not made any representation, warranty or covenant not set forth herein; 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 not survive the consummation of the transactions contemplated hereunder. The covenants to be performed after the Closing shall survive the Closing.
Appears in 11 contracts
Samples: Agreement and Plan of Reorganization (Phoenix Multi Portfolio Fund), Reorganization Agreement (PHOENIX PHOLIOs), Reorganization Agreement (Phoenix Multi Series Trust)
ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 11.1 10.1. The Selling Trust Company and the Acquiring Trust have not agree that neither party has made any representation, warranty or covenant not set forth herein; 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 not survive the consummation of the transactions contemplated hereunder. The covenants to be performed after the Closing shall survive the Closing.
Appears in 9 contracts
Samples: Reorganization Agreement (Ing Vp Intermediate Bond Portfolio), Agreement and Plan of Reorganization (Ing Investors Trust), Agreement and Plan of Reorganization (Ing Partners Inc)
ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 11.1 10.1. The Selling Trust and the Acquiring Trust have not Company agree that neither party has made any representation, warranty or covenant not set forth herein; 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 not survive the consummation of the transactions contemplated hereunder. The covenants to be performed after the Closing shall survive the Closing.
Appears in 7 contracts
Samples: Agreement and Plan of Reorganization (Ing Series Fund Inc), Agreement and Plan of Reorganization (Ing Partners Inc), Agreement and Plan of Reorganization (Ing Partners Inc)
ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 11.1 12.1. The Selling Acquired Trust and the Acquiring Trust have not agree that neither party has made any representation, warranty or covenant not set forth herein; herein and that this Agreement constitutes the entire agreement between the parties.
11.2 12.2. 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. The covenants to be performed after the Closing shall survive the Closing.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Forward Funds), Agreement and Plan of Reorganization (Forward Funds)
ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES. 11.1 The Selling Trust and the Acquiring Trust have not made any representation, warranty or covenant not set forth herein; this Agreement constitutes the entire agreement between the parties.
11.2 The Except as provided in the next sentence, 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. The covenants to be performed after the Closing shall survive the Closing.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Financial Investors Variable Insurance Trust), Agreement and Plan of Reorganization (Financial Investors Variable Insurance Trust)
