Common use of LIABILITIES TO BE ASSUMED Clause in Contracts

LIABILITIES TO BE ASSUMED. The Selling Fund will endeavor to discharge all of its known liabilities and obligations prior to the Closing Date. The Acquiring Fund shall assume only those liabilities, expenses, costs, charges and reserves reflected on a Statement of Assets and Liabilities of the Selling Fund prepared by SEI Financial Management Corporation, the administrator of the Selling Fund, as of the Valuation Date (as defined in paragraph 2.1), in accordance with generally accepted accounting principles consistently applied from the prior audited period. The Acquiring Fund shall assume only those liabilities of the Selling Fund reflected in such Statement of Assets and Liabilities and shall not assume any other liabilities, whether absolute or contingent, known or unknown, accrued or unaccrued, all of which shall remain the obligation of the Selling Fund.

Appears in 4 contracts

Samples: Agreement and Plan of Reorganization (Evergreen Money Market Trust), Agreement and Plan of Reorganization (Evergreen Fund), Agreement and Plan of Reorganization (Evergreen Growth & Income Fund /Ny/)

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LIABILITIES TO BE ASSUMED. The Each Selling Fund will endeavor to discharge all of its known liabilities and obligations prior to the extent possible before its respective Closing Date. The Each Acquiring Fund shall assume only those liabilities, expenses, costs, charges and reserves reflected on a Statement of Assets and Liabilities of the its corresponding Selling Fund prepared by SEI Financial Management Corporation, the administrator on behalf of the Selling Fund, as of the Valuation Date (as defined in paragraph 2.1), in accordance with generally accepted accounting principles consistently applied from the prior audited period. The Each Acquiring Fund shall assume only those liabilities of the its corresponding Selling Fund reflected in such its Statement of Assets and Liabilities and shall not assume any other liabilities, whether absolute or contingent, known or unknown, accrued or unaccrued, all of which shall remain the obligation of the Selling Fund.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Alleghany Funds), Reorganization Agreement (Alleghany Funds)

LIABILITIES TO BE ASSUMED. The Selling Fund will endeavor to discharge all of its known liabilities and obligations prior to the Closing Date. The Acquiring Fund shall assume only those liabilities, expenses, costs, charges and reserves reflected on a Statement of Assets and Liabilities of the Selling Fund prepared by SEI Financial Management CorporationFurman Selz Incorporated, the administrator of the Selling Fund, as of the Valuation ax xx xxx Xxluation Date (as defined in paragraph 2.1), in accordance with generally accepted accounting principles consistently applied from the prior audited period. The Acquiring Fund shall assume only those liabilities of the Selling Fund reflected in such Statement of Assets and Liabilities and shall not assume any other liabilities, whether absolute or contingent, known or unknown, accrued or unaccrued, all of which shall remain the obligation of the Selling Fund.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Evergreen Investment Trust)

LIABILITIES TO BE ASSUMED. The Selling Fund will endeavor to discharge all of its known liabilities and obligations prior to the Closing Date. The Acquiring Fund shall assume only those liabilities, expenses, costs, charges and reserves reflected on a Statement of Assets and Liabilities of the Selling Fund prepared by SEI Financial Management CorporationFurman Selz Incorporated, the administrator of the Selling Fund, as of the Valuation Date (as defined in paragraph 2.1paragxxxx 0.0), in accordance with generally accepted accounting principles consistently applied from the prior audited period. The Acquiring Fund shall assume only those liabilities of the Selling Fund reflected in such Statement of Assets and Liabilities and shall not assume any other liabilities, whether absolute or contingent, known or unknown, accrued or unaccrued, all of which shall remain the obligation of the Selling Fund.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Evergreen Investment Trust)

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LIABILITIES TO BE ASSUMED. The Selling Fund will endeavor to discharge all of its known liabilities and obligations prior to the Closing Date. The Acquiring Fund shall assume only those liabilities, expenses, costs, charges and reserves reflected on a Statement of Assets and Liabilities of the Selling Fund prepared by SEI Financial Management CorporationFurman Selz Incorporated, the administrator of the Selling Fund, as of the xx xx xxx Valuation Date (as defined in paragraph 2.1), in accordance with generally accepted accounting principles consistently applied from the prior audited period. The Acquiring Fund shall assume only those liabilities of the Selling Fund reflected in such Statement of Assets and Liabilities and shall not assume any other liabilities, whether absolute or contingent, known or unknown, accrued or unaccrued, all of which shall remain the obligation of the Selling Fund.

Appears in 1 contract

Samples: Reorganization Agreement (Evergreen Money Market Trust)

LIABILITIES TO BE ASSUMED. The Selling Fund will endeavor to discharge all of its known liabilities and obligations prior to the Closing Date. The Acquiring Fund shall assume only those liabilities, expenses, costs, charges and reserves reflected on a Statement of Assets and Liabilities of the Selling Fund prepared by SEI Financial Management CorporationFurman Selz Incorporated, the administrator of the Selling Fund, as of the Valuation xx xx xxx Xaluation Date (as defined in paragraph 2.1), in accordance with generally accepted accounting principles consistently applied from the prior audited period. The Acquiring Fund shall assume only those liabilities of the Selling Fund reflected in such Statement of Assets and Liabilities and shall not assume any other liabilities, whether absolute or contingent, known or unknown, accrued or unaccrued, all of which shall remain the obligation of the Selling Fund.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Evergreen Municipal Trust)

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