Fund Shareholder Approval definition
Examples of Fund Shareholder Approval in a sentence
Janus shall use its reasonable best efforts to request the board of trustees of each Janus Public Fund to solicit from the shareholders of each Janus Public Fund proxies in favor of the approval of its New IAA (Public Fund Shareholder Approval), which efforts may include the use of supplementary materials.
If Fund Shareholder Approval has subsequently been obtained by the date that is 150 days after the closing of the Acquisition, the fees paid by such Fund held in the escrow account (and interest thereon) shall be paid to the Adviser.
In addition, if it is reasonably likely that the Closing will occur before the Public Fund Board Approval or Public Fund Shareholder Approval has been obtained for a Public Fund, the Company and Parent shall cooperate and use their commercially reasonable efforts to obtain an Interim Public Fund IAA Approval in respect of such Public Fund.
Public Fund Board Approval and Public Fund Shareholder Approval of a New IAA shall have been obtained with respect to Janus Public Funds whose Aggregate Reference AUM (for the avoidance of doubt, as of the date set forth in such definition) is not less than 67.5% of the Aggregate Reference AUM of all Janus Public Funds (other than any such fund for which Janus or its subsidiaries act as subadviser).
Consistent with its obligations under the first sentence of this Section 6.3(b), the Company shall use commercially reasonable efforts to cause each such Patriot Registered Fund (A) to mail such Fund Proxy Statement to the shareholders of such Patriot Registered Fund as promptly as practicable after clearance by the SEC and (B) as soon as practicable following the mailing of such proxy solicitation materials, submit such new Advisory Contract for Fund Shareholder Approval.
The Company shall use reasonable best efforts to seek to have the primary investment adviser to each Public Fund (other than the SEI Public Fund) solicit from the shareholders of each Public Fund whose New IAA requires Public Fund Shareholder Approval proxies in favor of the approval of its New IAA and use reasonable best efforts to take all other actions reasonably necessary or advisable to seek to obtain the Public Fund Shareholder Approval of such New IAA.
In addition, as early as possible on the Business Day immediately prior to the Closing Date, MIMI shall cause to be prepared and delivered to Buyer a certificate of the Chief Financial Officer of MIMI setting forth the Assets Under Management for each Portfolio of the Ivy Fund as at the Closing Date, excluding the Assets Under Management for any Portfolio for which a Fund Shareholder Approval has not been obtained (the "Closing AUM"), including reasonable detail on the calculation of the Closing AUM.
With respect to each Mutual Fund (other than a Subadvised Fund), the Mutual Fund Shareholder Approval of such Mutual Fund has been obtained with respect to the slate of directors set forth in the proxy statement distributed to the shareholders of such Mutual Fund in accordance with Section 5.2(c) hereof.
The Group Companies shall use their respective commercially reasonable efforts to solicit from the shareholders of each Public Fund whose New IAA requires Public Fund Shareholder Approval proxies in favor of the approval of its New IAA and use their respective commercially reasonable efforts to take all other actions reasonably necessary or advisable to secure the Public Fund Shareholder Approval of such New IAA.
This Agreement will immediately terminate in the event of its assignment; provided, however, that if Fund Shareholder Approval with respect to a Fund has not been obtained prior to the closing of the Acquisition, this Agreement may be terminated with respect to that Fund by any of the foregoing persons in the manner so provided on ten days prior written notice.