Common use of Fund Financial Statements Clause in Contracts

Fund Financial Statements. (i) Seller has made available to Buyer, or directed Buyer to, prior to the date of this Agreement copies of the financial statements for the most recently completed fiscal year, to the extent that they exist, of each of the top 50 Funds of the Xxx Xxxxxx Business based on Net Assets as of June 30, 2009 (the “Fund Financial Statements”). Each of the Fund Financial Statements for such top 50 Funds and all other Funds for such period fairly presents in all material respects the results of operations and changes in Net Assets of the respective Fund as of the date thereof

Fund Financial Statements. (i) Seller has made available to Buyer, or directed Buyer to, prior to the date of this Agreement copies of the financial statements for the most recently completed fiscal year, to the extent that they exist, of each of the top 50 ETF Funds of the Xxx Xxxxxx Business based on Net Assets as of June 30, 2009 (the “Fund Financial Statements”). Each of the Fund Financial Statements for such top 50 Funds and all other Funds for such period fairly presents in all material respects the results of operations and changes in Net Assets of the respective ETF Fund as of the date thereof

Fund Financial Statements. (i) The Seller has made available to the Buyer, or directed the Buyer to, prior to the date of this Agreement copies of the financial statements for the most recently 114399-0014/143865664.11 completed fiscal year, to the extent that they exist, of each of the top 50 Funds of the Xxx Xxxxxx Business based on Net Assets as of June 30, 2009 (the “Fund Financial Statements”). Each of the Fund Financial Statements for such top 50 Funds and all other Funds for such period fairly presents in all material respects the results of operations and changes in Net Assets of the respective Fund as of the date thereofthereof and have been prepared in accordance with GAAP.