Representations Concerning the Reorganization Clause Samples

Representations Concerning the Reorganization. (a) There is no plan or intention by the Trust, the Buying Fund or any person related to the Trust to acquire or redeem any Buying Fund Shares issued in the Reorganization, except to the extent that Buying Fund is required by the Investment Company Act to redeem any of its shares presented for redemption at net asset value in the ordinary course of its business as an open-end, management investment company. (b) Buying Fund has no plan or intention to sell or otherwise dispose of any of the assets of Selling Fund acquired in the Reorganization, other than in the ordinary course of its business and to the extent necessary to maintain its status as a "regulated investment company" under the Code; provided, however, that this Section 4.14(b) shall not preclude any of the reorganizations of funds set forth on Schedule 4.14(b). (c) Following the Reorganization, Buying Fund will continue an "historic business" of Selling Fund or use a significant portion of Selling Fund's "historic business assets" in a business. For purposes of this representation, the terms "historic business" and "historic business assets" shall have the meanings ascribed to them in Section 1.368-1(d) of the Treasury Regulations; provided, however, that this Section 4.14(c) shall not preclude any of the reorganizations of funds set forth on Schedule 4.14(b). (d) Prior to or in the Reorganization, neither Buying Fund nor any person related to Buying Fund (for purposes of this paragraph as defined in Section 1.368-1(e)(3) of the Treasury Regulations) will have acquired directly or through any transaction, agreement or arrangement with any other person, shares of Selling Fund with consideration other than shares of Buying Fund. There is no plan or intention by Buying Fund to redeem, or by any person related to Buying Fund to acquire any of the Buying Fund Shares issued in the Reorganization either directly or through any transaction, agreement, or arrangement with any other person, other than redemptions in the ordinary course of Buying Fund's business as an open-end investment company as required by the Investment Company Act.
Representations Concerning the Reorganization. Buyer has no plan or intention to reacquire any Buying Fund Shares issued in the Reorganization, except to the extent that Buying Fund is required by the Investment Company Act to redeem any of its shares presented for redemption at net asset value in the ordinary course of its business as an open-end, management investment company.
Representations Concerning the Reorganization. (a) JHVST has no plan or intention to reacquire any of the Acquiring Fund Shares issued in the Reorganization, except to the extent that the Acquiring Fund is required by the Investment Company Act to redeem any of its shares presented for redemption at net asset value in the ordinary of its business as an open-end, management investment company. (b) The Acquiring Fund has no plan or intention to sell or otherwise dispose of any of the assets of the Acquired Fund acquired in the Reorganization, other than in the ordinary course of its business and to the extent necessary to maintain its status as a "regulated investment company" under the Code. (c) Following the Reorganization, the Acquiring Fund will continue the "historic business" (within the meaning of Section 1.368-1(d) of the Income Tax Regulations under the Code) of the Acquired Fund from which the Acquiring Fund acquired assets in the Reorganization or use a significant portion of the Acquired Fund's historic business assets in a business. (d) Immediately before the Reorganization, not more than 25 percent of the value of the total assets of the Acquiring Fund will be invested in the stock or securities of any one issuer, and not more than 50 percent of the value of the total assets of the Acquiring Fund will be invested in the stock or securities of five or fewer issuers.
Representations Concerning the Reorganization. (a) AIM Equity has no plan or intention to reacquire any of the Portfolio Shares issued in the Reorganization, except to the extent that the Portfolio is required by the Investment Company Act to redeem any of its shares presented for redemption. (b) The Portfolio has no plan or intention to sell or otherwise dispose of any of the assets of ▇▇▇▇▇ Blue Chip acquired in the Reorganization, other than in the ordinary course of its business and to the extent necessary to maintain its status as a "regulated investment company" under the Code. (c) Following the Reorganization, the Portfolio will continue the "historic business" of ▇▇▇▇▇ Blue Chip (within the meaning of Section 1.368-1(d) of the Income Tax Regulations under the Code) or use a significant portion of ▇▇▇▇▇ Blue Chip's historic assets in a business. (d) Upon consummation of the Reorganization, the investment portfolios of AIM Equity, in the aggregate, will not own ten percent of more of the voting securities any issuer.
Representations Concerning the Reorganization. AIM Equity has no plan or intention to reacquire any of the Portfolio Shares issued in the Reorganization, except to the extent that the Portfolio is required by the Investment Company Act to redeem any of its shares presented for redemption.
Representations Concerning the Reorganization. (a) The Acquiring Fund does not directly or indirectly own, nor at the Effective Time will it directly or indirectly own, nor has it at any time during the five-year period ending on the Closing Date directly or indirectly owned, any shares of the Acquired Fund. (b) AGS has no plan or intention to issue additional Acquiring Fund Shares following the Reorganization except for shares issued in the ordinary course of Acquiring Fund's business as a series of an open-end investment company; nor does AGS have any plan or intention to redeem or otherwise reacquire any of the Acquiring Fund Shares issued in the Reorganization, except to the extent that the Acquiring Fund is required by the Investment Company Act to redeem any of its shares presented for redemption at net asset value in the ordinary course of its business as a series of an open-end, management investment company. (c) The Acquiring Fund has no plan or intention to sell or otherwise dispose of any of the Assets other than in the ordinary course of its business and to the extent necessary to maintain its status as a "regulated investment company" under the Code. (d) Following the Reorganization, the Acquiring Fund will continue the "historic business" (within the meaning of Section 1.368-1(d)(2) of the Income Tax Regulations under the Code) of the Acquired Fund and will use a significant portion of the Acquired Fund's "historic business assets" (within the meaning of Section 1.368-1(d)(3) of those regulations) in a business. (e) There is no plan or intention for the Acquiring Fund to be dissolved or merged into another business trust or a corporation or any "fund" thereof (within the meaning of Section 851(g)(2) of the Code) following the Reorganization.
Representations Concerning the Reorganization. (a) AFG has no plan or intention to reacquire any of the Portfolio Shares issued in the Reorganization, except to the extent that the Portfolio is required by the Investment Company Act to redeem any of its shares presented for redemption. (b) The Portfolio has no plan or intention to sell or otherwise dispose of any of the assets of ▇▇▇▇▇ Quality Bond acquired in the Reorganization, other than in the ordinary course of its business and to the extent necessary to maintain its status as a "regulated investment company" under the Code. (c) Following the Reorganization, the Portfolio will continue the "historic business" of ▇▇▇▇▇ Quality Bond (within the meaning of Section 1.368- 1(d) of the Income Tax Regulations under the Code) or use a significant portion of ▇▇▇▇▇ Quality Bond's historic business assets in a business.
Representations Concerning the Reorganization. (a) The Acquiring Fund does not directly or indirectly own, nor at the Effective Time will it directly or indirectly own, nor has it at any time during the five-year period ending on the Closing Date directly or indirectly owned, any shares of the Acquired Fund. (b) AGS has no plan or intention to issue additional Acquiring Fund Shares following the Reorganization except for shares issued in the ordinary course of Acquiring Fund's business as a series of an open-end investment company; nor does AGS have any plan or intention to redeem or otherwise reacquire any of the Acquiring Fund Shares issued in the Reorganization, except to the extent that the Acquiring Fund
Representations Concerning the Reorganization. (a) There is no plan or intention by Buyer or any person related to Buyer to acquire or redeem any Shell Fund Shares issued in the Reorganization, except to the extent that Shell Fund is required by the Investment Company Act to redeem any of its shares presented for redemption at net asset value in the ordinary course of its business as an open-end, management investment company. (b) Shell Fund has no plan or intention to sell or otherwise dispose of any of the Assets of Selling Fund acquired in the Reorganization, other than in the ordinary course of its business and to the extent necessary to maintain its status as a "regulated investment company" under the Code. (c) Following the Reorganization, Shell Fund will continue an "historic business" of Selling Fund or use a significant portion of Selling Fund's "historic business assets" in a business. For purposes of this representation, the terms "historic business" and "historic business assets" shall have the meanings ascribed to them in Section 1.368-1(d) of the Treasury Regulations. (d) Prior to or in the Reorganization, neither Shell Fund nor any person related to Shell Fund (for purposes of this paragraph as defined in Section 1.368-1(e)(3) of the Treasury Regulations) will have acquired directly or through any transaction, agreement or arrangement with any other person, shares of Selling Fund with consideration other than shares of Shell Fund. There is no plan or intention by Shell Fund to redeem, or by any person related to Shell Fund to acquire, any of the Shell Fund Shares issued in the Reorganization either directly or through any transaction, agreement or arrangement with any other person, other than redemptions in the ordinary course of Shell Fund's business as an open-end investment company as required by the Investment Company Act.
Representations Concerning the Reorganization. (a) The Acquiring Fund does not directly or indirectly own, nor at the Effective Time will it directly or indirectly own, nor has it at any time during the five-year period ending on the Closing Date directly or indirectly owned, any shares of the Acquired Fund. (b) AGS has no plan or intention to issue additional Acquiring Fund Shares following the Reorganization except for shares issued in the ordinary course of Acquiring Fund's business as a series of an open-end investment company; nor does AGS have any plan or intention to redeem or otherwise reacquire any of the Acquiring Fund Shares issued in the Reorganization, except to the extent that the Acquiring Fund