Failure to Deliver Assets. If the Acquired Fund is unable to make delivery pursuant to paragraph 3.2 to the custodian for the Acquiring Fund of any of the Assets 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 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, and shall use its reasonable best efforts to deliver any such Assets to the custodian as soon as reasonably practicable.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (New Age Alpha Funds Trust), Agreement and Plan of Reorganization (New Age Alpha Variable Funds Trust), Agreement and Plan of Reorganization (New Age Alpha Funds Trust)
Failure to Deliver Assets. If the Acquired Fund is unable to make delivery pursuant to paragraph 3.2 hereof to the Acquiring Fund's 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 's broker, dealer or other counterparty, then, in lieu of such delivery, the Acquired 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, and shall use its reasonable best efforts to deliver any such Assets to the custodian as soon as reasonably practicable.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Sunamerica Equity Funds)
