Common use of Liabilities of the Target Fund Clause in Contracts

Liabilities of the Target Fund. The Target Fund will use commercially reasonable efforts to discharge all of its known liabilities and obligations prior to the Valuation Time consistent with its obligation to continue to pursue its investment objective and strategies in accordance with the terms of its offering documents. The Acquiring Fund will assume all of the Target Fund’s liabilities and obligations of any kind whatsoever, whether known or unknown, absolute, accrued, contingent or otherwise, in existence on the Closing Date (collectively, the “Liabilities”).

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Alpha Architect ETF Trust), Agreement and Plan of Reorganization (Alpha Architect ETF Trust)

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Liabilities of the Target Fund. The Target Fund will use commercially reasonable efforts to discharge all of its known liabilities and obligations prior to the Valuation Time consistent with its obligation to continue to pursue its investment objective and strategies in accordance with the terms of its offering documentsprospectus. The Acquiring Fund will assume all of the Target Fund’s liabilities and obligations of any kind whatsoever, whether known or unknown, absolute, accrued, contingent or otherwise, in existence on the Closing Date (collectively, the “Liabilities”).

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Buffalo Funds)

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Liabilities of the Target Fund. The Target Fund will use commercially reasonable efforts to discharge all of its known liabilities and obligations obligations, other than any accrued liabilities for which cash has been reserved, prior to the Valuation Time Effective Time, consistent with its obligation to continue to pursue its investment objective and strategies in accordance with the terms of its offering documentsregistration statement. The Acquiring Fund will assume all liabilities of the Target Fund’s liabilities and obligations of any kind whatsoeverFund not discharged prior to the Effective Time, if any, whether accrued or contingent, known or unknown, absolute, accrued, contingent or otherwise, in existence on the Closing Date unknown (collectively, the “Liabilities”).

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (WisdomTree Continuous Commodity Index Fund)

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