The Trust’s Conditions Precedent. The obligations of the Trust under this Agreement with respect to the Partnership shall be subject to the following conditions: (a) The Partnership shall have furnished to the Trust a statement of the Partnership’s net assets, including a list of securities owned by the Partnership with their respective tax costs, holding periods and values determined as provided in Section 4 above, all as of the Valuation Time. (b) As of the Valuation Time and as of the Exchange Date all representations and warranties of the Partnership made in this Agreement shall be true and correct as if made at and as of each such date, and the Partnership shall have complied with all the agreements and satisfied all the conditions on its part to be performed or satisfied at or prior to such dates.
Appears in 3 contracts
Samples: Agreement and Plan of Exchange (Driehaus Mutual Funds), Agreement and Plan of Exchange (Driehaus Mutual Funds), Agreement and Plan of Exchange (Driehaus Mutual Funds)
The Trust’s Conditions Precedent. The obligations of the Trust under this Agreement with respect to the Partnership shall be subject to the following conditions:
(a) The Partnership shall have furnished to the Trust a statement of the Partnership’s net assets, including without limitation a list of securities owned by the Partnership with their respective adjusted bases for tax costspurposes, holding periods and values determined as provided in Section 4 above, all as of the Valuation Time.
(b) As of the Valuation Time and as of the Exchange Date all representations and warranties of the Partnership made in this Agreement shall be true and correct as if made at and as of each such date, and the Partnership shall have complied with all the agreements and satisfied all the conditions on its part to be performed or satisfied at or prior to such dates.
Appears in 2 contracts
Samples: Agreement and Plan of Exchange (Driehaus Mutual Funds), Agreement and Plan of Exchange (Driehaus Mutual Funds)
The Trust’s Conditions Precedent. The obligations of the Trust under this Agreement with respect to the Partnership Partnerships shall be subject to the following conditions:
(a) The Each Partnership shall have furnished to the Trust a statement of the Partnership’s net assets, including a list of securities owned by the Partnership with their respective tax costs, holding periods and values determined as provided in Section 4 above, all as of the Valuation Time.
(b) As of the Valuation Time and as of the Exchange Date all representations and warranties of the each Partnership made in this Agreement shall be true and correct as if made at and as of each such date, and the each Partnership shall have complied with all the agreements and satisfied all the conditions on its part to be performed or satisfied at or prior to such dates.
Appears in 1 contract
Samples: Agreement and Plan of Exchange (Driehaus Mutual Funds)
The Trust’s Conditions Precedent. The obligations of the Trust under this Agreement with respect to the Partnership shall be subject to the following conditions:
(a) The Partnership shall have furnished to the Trust a statement of the Partnership’s net assets, including without limitation a list of securities owned by the Partnership with their respective adjusted bases for tax costspurposes, holding periods for tax purposes and values determined as provided in Section 4 above, all as of the Valuation Time.
(b) As of the Valuation Time and as of the Exchange Date all representations and warranties of the Partnership made in this Agreement shall be true and correct as if made at and as of each such datetime, and the Partnership shall have complied with all the agreements and satisfied all the conditions on its part to be performed or satisfied at or prior to such datestimes.
Appears in 1 contract
Samples: Agreement and Plan of Exchange (Driehaus Mutual Funds)
The Trust’s Conditions Precedent. The obligations of the Trust under this Agreement with respect to the Partnership Partnerships shall be subject to the following conditions:
(a) The Each Partnership shall have furnished to the Trust a statement of the Partnership’s net assetsassets to be transferred to the Fund, including without limitation a list of securities owned by the Partnership with their respective adjusted bases for tax costspurposes, holding periods and values determined as provided in Section 4 above, all as of the Valuation Time.
(b) As of the Valuation Time and as of the Exchange Date all representations and warranties of the each Partnership made in this Agreement shall be true and correct as if made at and as of each such datetime, and the each Partnership shall have complied with all the agreements and satisfied all the conditions on its part to be performed or satisfied at or prior to such datestimes.
Appears in 1 contract
Samples: Agreement and Plan of Exchange (Driehaus Mutual Funds)