Termination, Postponement and Waivers. Notwithstanding anything contained in this Agreement to the contrary, this Agreement may be terminated and the Reorganization abandoned at any time (whether before or after adoption thereof by the shareholders of the Target Fund) prior to the Closing Date, or the Closing Date may be postponed, (i) by mutual written consent of the Boards of Trustees of the Funds, (ii) by the board of trustees of the Target Fund if any condition of the Target Fund's obligations set forth in Section 10 of this Agreement has not been fulfilled or waived by such board; or (iii) by the board of trustees of the Acquiring Fund if any condition of the Acquiring Fund's obligations set forth in Section 11 of this Agreement has not been fulfilled or waived by such board.
Appears in 5 contracts
Samples: Agreement and Plan of Reorganization (RMR Real Estate Income Fund), Agreement and Plan of Reorganization (RMR Real Estate Income Fund), Agreement and Plan of Reorganization (RMR Real Estate Income Fund)
Termination, Postponement and Waivers. Notwithstanding anything contained in this Agreement to the contrary, this Agreement may be terminated and the Reorganization abandoned at any time (whether before or after adoption thereof by the shareholders of the Target Fund) prior to the Closing Date, or the Closing Date may be postponed, (i) by mutual written consent of the Boards of Trustees of the Funds, (ii) by the board Board of trustees Trustees of the Target Fund if any condition of the Target Fund's obligations set forth in Section 10 of this Agreement has not been fulfilled or waived by such board; or (iii) by the board Board of trustees Trustees of the Acquiring Fund if any condition of the Acquiring Fund's obligations set forth in Section 11 of this Agreement has not been fulfilled or waived by such board.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (RMR Asia Pacific Real Estate Fund), Reorganization Agreement (RMR Asia Pacific Real Estate Fund)