Common use of Conditions to Effective Date Clause in Contracts

Conditions to Effective Date. It shall be a condition to the Effective Date that each of the following conditions shall have been satisfied or waived as of such date, and upon such satisfaction or waiver, this Agreement shall be effective: (a) this Agreement shall have been duly executed and delivered by the parties hereto; (b) the RVMTP Shares shall have a long-term issue credit rating of at least AA (or its equivalent) from at least one Rating Agency on the Effective Date; (c) receipt by the Purchaser of executed originals, or copies certified by a duly authorized officer of the Issuer to be in full force and effect and not otherwise amended, of all Related Documents (other than the global shares representing the RVMTP Shares), as in effect on the Effective Date, and an incumbency certificate with respect to the authorized signatories thereto; (d) receipt by the Purchaser of opinions of counsel for the Issuer, substantially to the effect of Exhibit A; (e) receipt by the Purchaser of an opinion of counsel for the Calculation and Paying Agent substantially to the effect of Exhibit A-3 which opinion may be delivered by external counsel or in-house counsel to the Calculation and Paying Agent; (f) except as disclosed in the Offering Memorandum, there shall not be any pending or threatened material litigation of the nature described in Section 4.5 (unless such pending or threatened litigation has been determined by the Purchaser to be acceptable);

Conditions to Effective Date. It shall be a condition to the Effective Date for the Exchange that each of the following conditions shall have been are satisfied or waived as of such datethe Effective Date, and upon such satisfaction or waiver, this Agreement shall be effectiveeffective with respect to the Exchange of the RVMTP Merger Shares: (a) this Agreement shall have been duly executed and delivered by the parties hereto; (b) the RVMTP Shares Agreement and Plan of Reorganization shall have a long-term issue credit rating of at least AA (or its equivalent) from at least one Rating Agency on been duly executed and delivered by the Effective Dateparties thereto; (c) the Consent shall have been duly executed and delivered by the Investor; (d) the Acquiring Fund shall have obtained written confirmation from Fitch that, as of the Exchange Date, all RVMTP Shares, including the RVMTP Merger Shares, will be rated AA by Fitch; (e) receipt by the Purchaser Investor of executed originals, or copies certified by a duly authorized officer of the Issuer Acquiring Fund to be in full force and effect and not otherwise amended, of all Related Documents (other than the global shares representing the RVMTP Shares), as in effect on the Effective Date, and an incumbency certificate with respect to the authorized signatories thereto; (df) receipt by the Purchaser Investor of opinions of counsel for the IssuerAcquiring Fund, substantially to the effect of Exhibit AA-1 and Exhibit A-2; (eg) receipt by the Purchaser Investor of an opinion of counsel for the Calculation and Paying Agent substantially to the effect of Exhibit A-3 which opinion may be delivered by external counsel or in-house counsel to the Calculation and Paying Agent; (f) except as disclosed in the Offering Memorandum, there shall not be any pending or threatened material litigation of the nature described in Section 4.5 (unless such pending or threatened litigation has been determined by the Purchaser to be acceptable);

Conditions to Effective Date. It shall be a condition to the Effective Date for the Exchange that each of the following conditions shall have been are satisfied or waived as of such datethe Effective Date, and upon such satisfaction or waiver, this Agreement shall be effectiveeffective with respect to the Exchange of the RVMTP Merger Shares: (a) this Agreement shall have been duly executed and delivered by the parties hereto; (b) the RVMTP Shares Agreement and Plan of Reorganization shall have a long-term issue credit rating of at least AA (or its equivalent) from at least one Rating Agency on been duly executed and delivered by the Effective Dateparties thereto; (c) the Consent shall have been duly executed and delivered by the Investor; (d) the Acquiring Fund shall have obtained written confirmation from Fitch that, as of the Exchange Date, all RVMTP Shares, including the RVMTP Merger Shares, will be rated AA by Fitch; (e) receipt by the Purchaser Investor of executed originals, or copies certified by a duly authorized officer of the Issuer Acquiring Fund to be in full force and effect and not otherwise amended, of all Related Documents (other than the global shares representing the RVMTP Shares), as in effect on the Effective Date, and an incumbency certificate with respect to the authorized signatories thereto; (df) receipt by the Purchaser Investor of opinions of counsel for the IssuerAcquiring Fund, substantially to the effect of Exhibit AA-1 and Exhibit A-2; (e) receipt by the Purchaser of an opinion of counsel for the Calculation and Paying Agent substantially to the effect of Exhibit A-3 which opinion may be delivered by external counsel or in-house counsel to the Calculation and Paying Agent; (f) except as disclosed in the Offering Memorandum, there shall not be any pending or threatened material litigation of the nature described in Section 4.5 (unless such pending or threatened litigation has been determined by the Purchaser to be acceptable);

Conditions to Effective Date. It shall be a condition to the Effective Date that each of the following conditions shall have been satisfied or waived as of such date, and upon such satisfaction or waiver, this Agreement shall be effective: (a) this Agreement shall have been duly executed and delivered by the parties hereto; (b) the RVMTP AMTP Shares shall have a will continue to maintain its long-term issue credit rating of at least AA (or its equivalent) from at least one Rating Agency ▇▇▇▇▇’▇ on the Effective Date; (c) receipt by the Purchaser Banc of America of executed originals, or copies certified by a duly authorized officer of the Issuer Fund to be in full force and effect and not otherwise amended, of all Related Documents (other than the global shares representing the RVMTP Shares)Documents, as in effect on the Effective Date, and an incumbency certificate with respect to the authorized signatories thereto; (d) receipt by the Purchaser Banc of America of opinions of counsel for the IssuerFund, substantially to the effect of Exhibit AExhibits A-1, A-2 and A-3; (e) receipt by the Purchaser of an opinion of counsel for the Calculation and Paying Agent substantially to the effect of Exhibit A-3 which opinion may be delivered by external counsel or in-house counsel to the Calculation and Paying Agent; (f) except as disclosed in the Offering Memorandum, there shall not be any pending or threatened material litigation of the nature described in Section 4.5 (unless such pending or threatened litigation has been determined by the Purchaser Banc of America to be acceptable); (f) the fees and expenses and all other amounts payable on the Effective Date pursuant to Section 2.3 hereof shall have been paid; (g) Banc of America, in its reasonable discretion, shall be satisfied that no change in law, rule or regulation (or their interpretation or administration), in each case, shall have occurred which will adversely affect the consummation of the transaction contemplated by this Agreement;