Common use of On Merger or Consolidation Clause in Contracts

On Merger or Consolidation. In connection with the acquisition of assets (including the acquisition of assets subject to, and in connection with the assumption of, liabilities), businesses or stock of another Person, the Trustees may issue or cause to be issued Shares and accept in payment therefor, in lieu of cash, such assets or businesses at their market value (as determined by the Trustees) or such stock at the market value (as determined by the Trustees) of the assets held by such other Person, either with or without adjustment for contingent costs or liabilities, provided that the funds of the Trust are permitted by law to be invested in such assets, businesses or stock.

Appears in 21 contracts

Samples: Trust Agreement (Hamilton Lane Venture Capital & Growth Fund), Agreement and Declaration of Trust (83 Investment Group Income Fund), Declaration and Agreement of Trust (Coatue CTEK Fund)

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On Merger or Consolidation. In connection with the acquisition of assets (including the acquisition of assets subject to, and in connection with the assumption of, liabilities), businesses or stock of another Person, the Trustees may issue or cause to be issued Shares of any Series and accept in payment therefor, in lieu of cash, such assets or businesses at their market value (as determined by the Trustees) or such stock at the market value (as determined by the Trustees) of the assets held by such other Person, either with or without adjustment for contingent costs or liabilities, provided that the funds of the Trust are permitted by law to be invested in such assets, businesses or stock.

Appears in 3 contracts

Samples: Declaration and Agreement of Trust (Lord Abbett Delta Fund), Declaration and Agreement of Trust (Lord Abbett Investment Trust), Declaration and Agreement of Trust (Lord Abbett Tax Free Income Trust)

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On Merger or Consolidation. In connection with the acquisition of assets (including the acquisition of assets subject to, and in connection with the assumption of, liabilities), businesses or stock of another Person, the Trustees may issue or cause to be issued Shares of any Series and accept in payment therefor, in lieu of cash, such assets or businesses at their market value (as determined by the Trustees) or such stock at the market value (as determined by the Trustees) of the assets held by such other Person, either with or without adjustment for contingent costs or liabilities, provided PROVIDED that the funds of the Trust are permitted by law to be invested in such assets, businesses or stock.

Appears in 1 contract

Samples: Trust Agreement (Lord Abbett Blend Trust)

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