Common use of Failure to Deliver Assets Clause in Contracts

Failure to Deliver Assets. If the Target Fund is unable to make delivery pursuant to paragraph 3.2 hereof to the Acquiring Fund s custodian of any of the Assets of the Target Fund for the reason that any of such Assets have not yet been delivered to it by the Target Fund s broker, dealer or other counterparty, then, in lieu of such delivery, the Target Fund shall deliver, with respect to said Assets, executed copies of an agreement of assignment and due bills executed on behalf of said broker, dealer or other counterparty, together with such other documents as may be required by the Acquiring Fund or its custodian, including brokers confirmation slips. ARTICLE IV REPRESENTATIONS AND WARRANTIES

Failure to Deliver Assets. If the Target Fund is unable to make delivery pursuant to paragraph 3.2 hereof to the Acquiring custodian for the Successor Fund s custodian of any of the Assets assets of the Target Fund for the reason that any of such Assets assets have not yet been delivered to it by the Target Fund s Fund’s broker, dealer or other counterparty, then, in lieu of such delivery, the Target Fund shall deliver, with respect to said Assetsassets, executed copies of an agreement of assignment and due bills executed on behalf of said broker, dealer or other counterparty, together with such other documents as may be required by the Acquiring Successor Fund or its custodian, including brokers brokers’ confirmation slips. ARTICLE IV REPRESENTATIONS AND WARRANTIES.