Termination and Waivers. 12.1 This Agreement may be terminated and the transactions contemplated hereby may be abandoned at any time prior to the Effective Date by resolution of either the Acquiring Fund’s Board or the Fund’s Board, if circumstances should develop that, in the opinion of that Board, make proceeding with the Agreement inadvisable with respect to the Acquiring Fund or the Fund, respectively. Any such termination resolution to be effective shall be promptly communicated to the other party and, in any event, prior to the Effective Date. In the event of termination of this Agreement pursuant to the provisions hereof, the Agreement shall become void and have no further effect, and there shall not be any liability hereunder on the part of either of the parties or their respective board members or officers, except for any such material breach or intentional misrepresentation, as to each of which all remedies at law or in equity of the party adversely affected shall survive.
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (Cohen & Steers Global Income Builder, Inc), Form of Agreement and Plan of Reorganization (Cohen & Steers Infrastructure Fund Inc), Form of Agreement and Plan of Reorganization (Cohen & Steers Global Realty Shares, Inc)
