Common use of Liabilities of the Acquired Fund Clause in Contracts

Liabilities of the Acquired Fund. The liabilities of the Acquired Fund that are to be assumed by the Acquiring Fund in connection with the Reorganization, or to which the assets of the Acquired Fund to be transferred in the Reorganization are subject, were incurred by the Acquired Fund in the ordinary course of its business. The fair market value of the assets of the Acquired Fund to be transferred to the Acquiring Fund in the Reorganization will equal or exceed the sum of the liabilities to be assumed by the Acquiring Fund plus the amount of liabilities, if any, to which such transferred assets will be subject.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Hancock John Variable Series Trust I), Agreement and Plan of Reorganization (Hancock John Variable Series Trust I)

AutoNDA by SimpleDocs

Liabilities of the Acquired Fund. The liabilities of the each Acquired Fund that are to be assumed by the corresponding Acquiring Fund in connection with the Reorganization, or to which the assets of the Acquired Fund to be transferred in the Reorganization are subject, were incurred by the Acquired Fund in the ordinary course of its business. The fair market value of the assets of the each Acquired Fund to be transferred to the corresponding Acquiring Fund in the Reorganization will equal or exceed the sum of the liabilities to be assumed by the Acquiring Fund plus the amount of liabilities, if any, to which such transferred assets will be subject.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Hancock John Variable Series Trust I), Agreement and Plan of Reorganization (Hancock John Variable Series Trust I)

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!