Common use of Portfolios Clause in Contracts

Portfolios. The Target Portfolio and Acquiring Portfolio covenant and agree to dispose of certain assets prior to the Closing Date, but only if and to the extent necessary, so that at Closing, when the Assets are added to the Acquiring Portfolio’s portfolio, the resulting portfolio will meet the Acquiring Portfolio’s investment objective, policies and restrictions, as set forth in the Acquiring Portfolio’s Prospectus, a copy of which has been delivered to the Target Portfolio. Notwithstanding the foregoing, nothing herein will require the Target Portfolio to dispose of any portion of the Assets if, in the reasonable judgment of the Target Portfolio’s Directors or investment adviser, such disposition would create more than an insignificant risk that the Reorganization would not be treated as a “reorganization” described in Section 368(a) of the Code.

Appears in 15 contracts

Samples: Agreement and Plan of Reorganization (Thrivent Series Fund Inc), Agreement and Plan of Reorganization (Thrivent Series Fund Inc), Agreement and Plan of Reorganization (Thrivent Series Fund Inc)

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Portfolios. The Target Portfolio Fund and Acquiring Portfolio Fund covenant and agree to dispose of certain assets prior to the Closing Date, but only if and to the extent necessary, so that at Closing, when the Assets are added to the Acquiring PortfolioFund’s portfolio, the resulting portfolio will meet the Acquiring PortfolioFund’s investment objective, policies and restrictions, as set forth in the Acquiring PortfolioFund’s Prospectus, a copy of which has been delivered to the Target PortfolioFund. Notwithstanding the foregoing, nothing herein will require the Target Portfolio Fund to dispose of any portion of the Assets if, in the reasonable judgment of the Target PortfolioFund’s Directors or investment adviser, such disposition would create more than an insignificant risk that the Reorganization would not be treated as a “reorganization” described in Section 368(a) of the Code.

Appears in 8 contracts

Samples: Agreement and Plan of Reorganization (Thrivent Mutual Funds), Agreement and Plan of Reorganization (Thrivent Mutual Funds), Agreement and Plan of Reorganization (Thrivent Mutual Funds)

Portfolios. The Target Portfolio and Acquiring Portfolio covenant and agree to dispose of certain assets prior to the Closing Date, but only if and to the extent necessary, so that at Closingclosing, when the Assets are added to the Acquiring Portfolio’s portfolio, the resulting portfolio will meet the Acquiring Portfolio’s investment objective, policies and restrictions, as set forth in the Acquiring Portfolio’s Prospectus, a copy of which has been delivered to the Target Portfolio. Notwithstanding the foregoing, nothing herein will require the Target Portfolio to dispose of any portion of the Assets if, in the reasonable judgment of the Target Portfolio’s Directors or investment adviser, such disposition would create more than an insignificant risk that the Reorganization would not be treated as a “reorganization” described in Section 368(a) of the Code.

Appears in 6 contracts

Samples: Agreement and Plan of Reorganization (Thrivent Series Fund Inc), Reorganization Agreement (Thrivent Series Fund Inc), Reorganization Agreement (Thrivent Series Fund Inc)

Portfolios. The Target Portfolio Fund and Acquiring Portfolio Fund covenant and agree to dispose of certain assets prior to the Closing Date, but only if and to the extent necessary, so that at Closingclosing, when the Assets are added to the Acquiring PortfolioFund’s portfolio, the resulting portfolio will meet the Acquiring PortfolioFund’s investment objective, policies and restrictions, as set forth in the Acquiring PortfolioFund’s Prospectus, a copy of which has been delivered to the Target PortfolioFund. Notwithstanding the foregoing, nothing herein will require the Target Portfolio Fund to dispose of any portion of the Assets if, in the reasonable judgment of the Target PortfolioFund’s Directors or investment adviser, such disposition would create more than an insignificant risk that the Reorganization would not be treated as a “reorganization” described in Section 368(a) of the Code.

Appears in 3 contracts

Samples: Reorganization Agreement (Thrivent Mutual Funds), Agreement and Plan of Reorganization (Thrivent Mutual Funds), Agreement and Plan of Reorganization (Thrivent Mutual Funds)

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Portfolios. The Target Portfolio Fund and Acquiring Portfolio Fund covenant and agree to dispose of certain assets prior to the Closing Date, but only if and to the extent necessary, so that at Closing, when the Assets are added to the Acquiring PortfolioFund’s portfolio, the resulting portfolio will meet the Acquiring PortfolioFund’s investment objective, policies and restrictions, as set forth in the Acquiring PortfolioFund’s Prospectus, a copy of which has been delivered to the Target PortfolioFund. Notwithstanding the foregoing, nothing herein will require the Target Portfolio Fund to dispose of any portion of the Assets if, in the reasonable judgment of the Target PortfolioFund’s Directors or investment adviser, such disposition would create more than an insignificant risk that the Reorganization would not be treated as a “reorganization” described in Section 368(a) of the Code.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Thrivent Mutual Funds)

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