Acquiring Fund definition
Acquiring Fund means each series of an Acquiring Company listed in the column entitled “Acquiring Fund” on Exhibit A.
Acquiring Fund s acquisition of the Assets in exchange solely for Acquiring Fund Shares and Acquiring Fund's assumption of the Liabilities, followed by Target's distribution of those shares PRO RATA to the Shareholders constructively in exchange for their Target Shares, will qualify as a reorganization within the meaning of section 368(a)(1) of the Code, and each Fund will be "a party to a reorganization" within the meaning of section 368(b) of the Code;
Acquiring Fund has the meaning specified in the preamble.
Examples of Acquiring Fund in a sentence
On the Liquidation Date, each Acquiring Fund will provide to the corresponding Target Fund evidence satisfactory to the Target Fund that such Acquisition Shares have been credited pro rata to open accounts in the names of the Target Fund’s shareholders as provided in paragraph 2.3.
Carpenter______________ Name: ▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: President ______ [Remainder of page intentionally left blank; Acquiring Fund signature page follows] Voya Equity Trust Voya Investors Trust Voya Intermediate Bond Portfolio Voya Partners, Inc.
Notwithstanding anything herein to the contrary, neither the Target Fund nor the Acquiring Fund may waive the conditions set forth in this paragraph 9.4.
For the avoidance of doubt, the Acquiring Fund will not issue fractional shares.
On the Closing Date, the Acquiring Fund will provide to the Target Fund evidence satisfactory to the Target Fund that the Acquisition Shares issuable pursuant to paragraph 2.1 have been credited to the Target Fund’s account on the books of the Acquiring Fund.
More Definitions of Acquiring Fund
Acquiring Fund shall have the meaning assigned to such term in the preamble. (e) "Acquiring Fund Closing Financial Statements" shall have the meaning assigned to such term in Section 2(d). (f) "Acquiring Fund Common Shares" shall have the meaning assigned to such term in Section 2(k). (g) "Agreement" shall have the meaning assigned to such term in the preamble. (h) "Closing Date" shall have the meaning assigned to such term in Section 8(a). (i) "Code" means the Internal Revenue Code of 1986, as amended. (j) "Commission" means the Securities and Exchange Commission. (k) "Fund" or "Funds" shall have the meaning assigned to such terms in the preamble. (l) "GAAP" means United States generally accepted accounting principles and practices as in effect from time to time and applied consistently throughout the periods involved. (m) "Indemnified Party" shall have the meaning assigned to such term in Section 13(a). (n) "Indemnitor" shall have the meaning assigned to such term in Section 13(a). (o) "Loss" or "Losses" shall have the meanings assigned to such terms in Section 13(a). (p) "NYSE Amex" means NYSE Amex LLC. (q) "Proxy Statement/Prospectus" shall have the meaning assigned to such term in Section 2(j). (r) "Registration Statement" shall have the meaning assigned to such term in Section 2(j). (s) "Reorganization" shall have the meaning assigned to such term in Section 4(a). (t) "RIC" means a regulated investment company under Section 851 of the Code. (u) "Shareholder Meeting" shall have the meaning assigned to such term in Section 2(j). (v) "Sister Fund" shall have the meaning assigned to such term in the recitals. (w) "Skadden" means Skadden, Arps, Slate, ▇▇▇▇▇▇▇ & ▇▇▇▇ LLP. (x) "Target Fund" shall have the meaning assigned to such term in the preamble. (y) "Target Fund Closing Financial Statements" shall have the meaning assigned to such term in Section 3(e). (z) "Target Fund Common Shares" shall have the meaning assigned to such term in Section 3(m). (aa) "Target Fund Investments" means (i) the investments of the Target Fund shown on the schedule of its investments as of the Valuation Date furnished to the Acquiring Fund and (ii) all other assets owned by the Target Fund or liabilities incurred as of the Valuation Date. (bb) "Valuation Date" shall be 4:00 p.m., Eastern Time, on June 16, 2009, or such earlier or later day and time as may be mutually agreed upon in writing by the parties hereto.
Acquiring Fund is a "fund" as defined in section 851(g)(2) of the Code; it qualified for treatment as a RIC for each past taxable year since it commenced operations and will continue to meet all the requirements for such qualification for its current taxable year; Acquiring Fund intends to continue to meet all such requirements for the next taxable year; and it has no earnings and profits accumulated in any taxable year in which the provisions of Subchapter M of the Code did not apply to it;
Acquiring Fund refers to each Acquiring Fund named above.
Acquiring Fund means AIM Basic Value Fund, a separate series of AGS.
Acquiring Fund has the meaning set forth in the preamble to this Agreement.
Acquiring Fund s shares are divided into three classes, designated "Class A," "Class B" and "Class C" shares. Under the terms of this Reorganization the Acquired Fund Shares will be exchanged for Class A shares of the Acquiring Fund ("Acquiring Fund Shares"). In consideration of the mutual promises contained herein, the parties agree as follows:
Acquiring Fund s acquisition of the Assets in exchange solely for Acquiring Fund Shares, followed by Acquired Fund's distribution of those shares pro rata to the Shareholders constructively in exchange for their Acquired Fund Shares, will qualify as a "reorganization" (as defined in Section 368(a)(1)(C) of the Code), and each Fund will be "a party to a reorganization" within the meaning of Section 368(b) of the Code;