Failure to Deliver Assets. If the Acquired Fund is unable to make delivery pursuant to Section 3.2 to the custodian for the Acquiring Fund of any of the Assets of the Acquired Fund for the reason that any of such Assets have not yet been delivered to it by the Acquired Fund's broker, dealer or other counterparty, then, in lieu of such delivery, the Acquired Fund shall deliver, with respect to those Assets, executed copies of an agreement of assignment and due bills executed on behalf of the broker, dealer or other counterparty, or such other documentation in lieu thereof as may be acceptable to the Acquiring Fund, together with such other documents as may be required by the Acquiring Fund or its custodian.
Appears in 6 contracts
Samples: Agreement and Plan of Reorganization (Principal Investors Fund Inc), Agreement and Plan of Reorganization (Principal Variable Contracts Fund Inc), Agreement and Plan of Reorganization (Wm Trust Ii)
