Common use of STATEMENT OF EARNINGS AND PROFITS Clause in Contracts

STATEMENT OF EARNINGS AND PROFITS. As promptly as practicable, but in any case within sixty (60) days after the Closing Date, the Selling Trust shall furnish the Acquiring Fund, in such form as is reasonably satisfactory to the Acquiring Fund and which will be certified by the Selling Trust’s Treasurer, a statement of the earnings and profits of the Selling Fund for U.S. federal income tax purposes, as well as any net operating loss carryovers and capital loss carryovers, that will be carried over to the Acquiring Fund as a result of Section 381 of the Code.

Appears in 9 contracts

Samples: Agreement and Plan of Reorganization (Segall Bryant & Hamill Trust), Reorganization Agreement (ALPS Series Trust), Agreement and Plan of Reorganization (Meridian Fund Inc)

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STATEMENT OF EARNINGS AND PROFITS. As promptly as practicable, but in any case within sixty (60sixty) 60 days after the Closing Date, the each Selling Trust Fund shall furnish the Acquiring Fund, in such form as is reasonably satisfactory to the Acquiring Fund and which will be certified by the respective Selling TrustFund’s Treasurer, a statement of the earnings and profits of the Selling Fund for U.S. federal income tax purposes, as well as any net operating loss carryovers and capital loss carryovers, that will be carried over to the Acquiring Fund as a result of Section 381 of the Code.

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (Boulder Growth & Income Fund), Agreement and Plan of Reorganization (Lola Brown Trust 1b), Form of Agreement and Plan of Reorganization (Boulder Growth & Income Fund)

STATEMENT OF EARNINGS AND PROFITS. As promptly as practicable, but in any case within sixty (60sixty) 60 days after the Closing Date, the Selling Trust shall furnish the Acquiring Fund, in such form as is reasonably satisfactory to the Acquiring Fund and which will be certified by the Selling Trust’s Treasurer, a statement of the earnings and profits of the Selling Fund for U.S. federal income tax purposes, as well as any net operating loss carryovers and capital loss carryovers, that will be carried over to the Acquiring Fund as a result of Section 381 of the Code.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Financial Investors Trust), Form of Agreement and Plan of Reorganization (Financial Investors Trust)

STATEMENT OF EARNINGS AND PROFITS. As promptly as practicable, but in any case within sixty (60sixty) 60 days after the Closing Date, the Selling Trust Fund shall furnish the Acquiring Fund, in such form as is reasonably satisfactory to the Acquiring Fund and which will be certified by the Selling TrustFund’s Treasurer, a statement of the earnings and profits of the Selling Fund for U.S. federal income tax purposes, as well as any net operating loss carryovers and capital loss carryovers, that will be carried over to the Acquiring Fund as a result of Section 381 of the Code.

Appears in 1 contract

Samples: Form of Agreement and Plan of Reorganization (Westcore Trust)

STATEMENT OF EARNINGS AND PROFITS. As promptly as practicable, but in any case within sixty (60) days after the Closing Date, the Selling Acquired Trust shall furnish the Acquiring Fund, in such form as is reasonably satisfactory to the Acquiring Fund and which will be certified by the Selling Acquired Trust’s Treasurer, a statement of the earnings and profits of the Selling Target Fund for U.S. federal income tax purposes, as well as any net operating loss carryovers and capital loss carryovers, that will be carried over to the Acquiring Fund as a result of Section 381 of the Code.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization and Termination (NEOS ETF Trust)

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STATEMENT OF EARNINGS AND PROFITS. As promptly as practicable, but in any case within sixty (60) days after the Closing Date, the Selling Trust Corporation shall furnish the Acquiring Fund, in such form as is reasonably satisfactory to the Acquiring Fund and which will be certified by the Selling TrustCorporation’s Treasurer, a statement of the earnings and profits of the Selling Fund for U.S. federal income tax purposes, as well as any net operating loss carryovers and capital loss carryovers, that will be carried over to the Acquiring Fund as a result of Section 381 of the Code.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Financial Investors Trust)

STATEMENT OF EARNINGS AND PROFITS. As promptly as practicable, but in any case within sixty (60sixty) 60 days after the Closing Date, the Selling Trust Fund shall furnish the Acquiring Fund, in such form as is reasonably satisfactory to the Acquiring Fund and which will be certified by the Selling TrustFund’s Treasurer, a statement of the earnings and profits of the Selling Fund for U.S. federal income tax purposes, as well as any net operating loss carryovers and capital loss carryovers, that will be carried over to the Acquiring Fund as a result of Section 381 of the Code.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (DCA Total Return Fund)

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