Common use of Fund Action Clause in Contracts

Fund Action. Except as and to the extent required, based upon the written advice of outside counsel, in the exercise of the fiduciary obligations of the Company or one of its Subsidiaries to any Investment Company, request that any action be taken by any Fund Board, other than (1) routine actions that would not, individually or in the aggregate, be reasonably likely to have a Material Adverse Effect on the Company or any Investment Company, (2) actions Previously Disclosed or (3) actions necessary to allow consummation of the Merger or the Subsidiary Combination.

Fund Action. Except as and to the extent required, based upon the written advice of outside counsel, in the exercise of the fiduciary obligations of the Company or one of its Subsidiaries to any Investment Company, request that any action be taken by any Fund Board, other than (1i) routine actions that would could not, individually or in the aggregate, reasonably be reasonably likely expected to have a Material Adverse Effect on the Company or any Investment Company, Company or (2ii) actions Previously Disclosed or (3) actions necessary to allow consummation of the Merger or the Subsidiary CombinationDisclosed.

Fund Action. Except as and to the extent required, based upon the written advice of outside counsel, in the exercise of the fiduciary obligations of the Company or one of its Subsidiaries to any Investment Company, request that any action be taken by any Fund Board, other than (1) routine actions that would not, individually or in the aggregate, be reasonably likely to have a Material Adverse Effect adverse effect on the Company or any Investment Company, (2) actions Previously Disclosed Disclosed, or (3) actions necessary to allow consummation of the Merger or the Subsidiary Combination.

Fund Action. Except as and to the extent required, based upon the ----------- written advice of outside counsel, in the exercise of the fiduciary obligations of the Company or one of its Subsidiaries to any Investment Company, request that any action be taken by any Fund Board, other than (1i) routine actions that would could not, individually or in the aggregate, reasonably be reasonably likely expected to have a Material Adverse Effect on the Company or any Investment Company, Company or (2ii) actions Previously Disclosed or (3) actions necessary to allow consummation of the Merger or the Subsidiary CombinationDisclosed.

Fund Action. Except as and to the extent required, based upon the written advice of outside counsel, in the exercise of the fiduciary obligations of the Company or one a Company Subsidiary in the case of its Subsidiaries to any Investment CompanyFund, request that any action be taken by any Fund Board, other than (1) routine actions that would not, individually or in the aggregate, not be reasonably likely to have a Material Adverse Effect on the Company (as hereinafter defined) or any Investment Company, (2) actions Previously Disclosed or (3) actions necessary to allow consummation of the Merger or the Subsidiary Combinationon Schedule 3.13.