Common use of LIABILITIES TO BE DISCHARGED Clause in Contracts

LIABILITIES TO BE DISCHARGED. The Acquired Fund will discharge all of its liabilities and obligations prior to the Closing Date. The Acquiring Fund will not assume any liabilities of any kind whatsoever, whether or not such liability is accrued or fixed, known or unknown, absolute or contingent or determined or determinable or when due or become due, of the Acquired Fund.

LIABILITIES TO BE DISCHARGED. The Acquired Fund will endeavor to discharge all of its liabilities and obligations prior to the Closing Date. The Acquiring Fund will not assume Notwithstanding the foregoing, any liabilities not so discharged shall be assumed by the Acquiring Fund, which assumed liabilities shall include all of any such Acquired Fund's liabilities, debts, obligations, and duties of whichever kind whatsoeveror nature, whether absolute, accrued, contingent, or otherwise, whether or not such liability is accrued determinable at the Closing Date, and whether or fixed, known or unknown, absolute or contingent or determined or determinable or when due or become due, of the Acquired Fundnot specifically referred to in this Agreement.