-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, T115RlU84o6SAm5N9nz4NMMYL+r0rQ5pjMYHza+nHSHGGPqZ/bj59hSCsq6LtddN tCgNgYNsEhzv24EnurNrEw== 0000907244-97-000112.txt : 19970630 0000907244-97-000112.hdr.sgml : 19970630 ACCESSION NUMBER: 0000907244-97-000112 CONFORMED SUBMISSION TYPE: 24F-2NT PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 19970430 FILED AS OF DATE: 19970627 SROS: NONE FILER: COMPANY DATA: COMPANY CONFORMED NAME: EVERGREEN INVESTMENT TRUST CENTRAL INDEX KEY: 0000757440 STANDARD INDUSTRIAL CLASSIFICATION: UNKNOWN SIC - 0000 [0000] IRS NUMBER: 046599663 STATE OF INCORPORATION: NY FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 24F-2NT SEC ACT: 1933 Act SEC FILE NUMBER: 002-94560 FILM NUMBER: 97631281 BUSINESS ADDRESS: STREET 1: 2500 WESTCHESTER AVE CITY: PURCHASE STATE: NY ZIP: 10577 BUSINESS PHONE: 9146412305 MAIL ADDRESS: STREET 1: 2500 WESTCHESTER AVE CITY: PURCHASE STATE: NY ZIP: 10577 FORMER COMPANY: FORMER CONFORMED NAME: FIRST UNION FUNDS/ DATE OF NAME CHANGE: 19940628 FORMER COMPANY: FORMER CONFORMED NAME: FIRST UNION HIGH GRADE TAX FREE PORT DATE OF NAME CHANGE: 19940519 FORMER COMPANY: FORMER CONFORMED NAME: FIRST UNION FUNDS DATE OF NAME CHANGE: 19921230 24F-2NT 1 EVERGREEN INVESTMENT TRUST U.S. SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 24F-2 Annual Notice of Securities Sold Pursuant to Rule 24f-2 1. Name and address of issuer: Evergreen Investment Trust 200 Berkeley Street Boston, MA 02116 2. Name of each series or class of funds for which this notice is filed: Evergreen U.S. Government Fund Shares of beneficial interest, par value 0.0001 per share Classes A, B, C and Y 3. Investment Company Act File Number: 811-4154 Securities Act File Number: 2-94560 4. Last day of fiscal year for which this notice is filed: April 30, 1997 5. Check box if this notice is being filed for more than 180 days after the close of the issuer's fiscal year for purposes of reporting securities sold after the close of the fiscal year, but before termination of the issuer's 24f-2 declaration: Not Applicable 6. Date of termination of issuer's declaration under Rule 24f-2(a)(1), if applicable: Not Applicable 7. Number and amount of securities of the same class or series which had been registered under the Securities Act of 1933 other than pursuant to Rule 24f-2 in a prior fiscal year, but which remained unsold at the beginning of the fiscal year: -0- 8. Number and amount of securities registered during the fiscal year other than pursuant to Rule 24f-2: -0- 9. Number and aggregate sale price of securities sold during the fiscal year: 2,774,232 $26,287,681 10. Number and aggregate sale price of securities sold during the fiscal year in reliance upon registration pursuant to Rule 24f-2: 2,774,232 $26,287,681 11: Number and aggregate sale price of securities issued during the fiscal year in connection with dividend reinvestment plans, if applicable: 1,133,697 $10,717,216 12. Calculation of registration fee: (i) Aggregate sale price of securities sold during the fiscal year in reliance on Rule 24f-2 (from Item 10): $ 26,287,681 ------------- (ii) Aggregate price of shares issued in connection with dividend reinvestment plans (from Item 11, if applicable): + $ 10,717,216 ------------- (iii) Aggregate price of shares redeemed or repurchased during the fiscal year (if applicable): - $ 56,670,711 ------------- (iv) Aggregate price of shares redeemed or repurchased and previously applied as a reduction to filing fees pursuant to Rule 24e-2 (if applicable): + $ -0- ------------- (v) Net aggregate price of securities sold and issued during the fiscal year in reliance on Rule 24f-2 [line (I), plus line (ii), less line (iii), plus line (iv)] (if applicable): $ -0- -------------- (vi) Multiplier prescribed by Section 6(b) of the Secu- rities Act of 1933 or other applicable law or regulation x 1/3300 ------------- (vii) Fee due [line (I) or line (v) multiplied by line (vi)] x $ -0- ------------- 13. Check box if fees are being remitted to the Commission's lockbox depository as described in Section 3a of the Commission's Rules of Informal and Other Procedures (17 CFR 202.3a). Not applicable Date of mailing or wire transfer of filing fees to the Commission's lockbox depository: Not applicable SIGNATURES This report has been signed below by the following persons on behalf of the issuer and in the capacities and on the dates indicated. BY (Signature and Title): /s/ John J. Pileggi President DATE: June 27, 1997 EX-1 2 OPINION OF COUNSEL JAMES P. WALLIN, ESQ. 2500 WESTCHESTER AVENUE Purchase, New York 10577 June 27, 1997 Evergreen Investment Trust 200 Berkeley Street Boston, MA 02116 Dear Sirs: Evergreen Investment Trust, a Massachusetts business trust (the "Fund"),is filing with the Securities and Exchange Commission a notice on Form 24f-2 containing the information specified in paragraph (b)(1) of Rule 24f-2 under the Investment Company Act of 1940 (the "Rule"). I have been advised that in its Registration Statement on Form N-1A, the Fund filed the declaration authorized by paragraph (a)(1) of the Rule to the effect that an indefinite number of shares of beneficial interest of the Fund (the "Shares") were registered by the Registration Statement. The effect of the Rule 24f-2 Notice, when accompanied by the filing fee, if any, payable as prescribed by paragraph (c) of the Rule and by this Opinion, will be to make definite in number the number of shares of beneficial interest of the Fund sold by the Evergreen U.S. Government Fund series of the Fund (the "Series") during the period ended April 30, 1997 in reliance upon the Rule (the "Rule 24f-2 Shares"). I have, as counsel, participated in various proceedings relating to the Fund and to the Rule 24f-2 Shares. I have examined copies, either certified or otherwise proved to our satisfaction to be genuine, of the Fund's Declaration of Trust, as now in effect, the minutes of meetings of the Trustees of the Fund and other documents relating to the organization and operation of the Fund. I have also reviewed the form of the Rule 24f-2 Notice being filed by the Fund. I am generally familiar with the business affairs of the Fund. The Fund has advised me that the Rule 24f-2 Shares were sold in the manner contemplated by the prospectus of each Series current at the time of sale, and that the Rule 24f-2 Shares were sold for a consideration not less than the net asset value thereof as required by the Investment Company Act of 1940 and not less than the par value thereof. Based upon the foregoing, it is my opinion that the Rule 24f-2 Shares were legally issued and are fully paid and non-assessable. However, I note that as set forth in the Registration Statement, the Fund's shareholders might, under certain circumstances, be liable for transactions effected by the Fund. I hereby consent to the filing of this Opinion with the Securities and Exchange Commission together with the Rule 24f-2 Notice of the Fund, and to the filing of this Opinion under the securities laws of any state. I am a member of the Bar of the State of New York and do not hold myself out as being conversant with the laws of any jurisdiction other than those of the United States of America and the State of New York. I note that I am not licensed to practice law in The Commonwealth of Massachusetts, and to the extent that any opinion expressed herein involves the law of Massachusetts, such opinion should be understood to be based solely upon my review of the documents referred to above, the published statutes of that Commonwealth and, where applicable, published cases, rules or regulations of regulatory bodies of that Commonwealth. Very truly yours, /s/James P. Wallin --------------------- James P. Wallin -----END PRIVACY-ENHANCED MESSAGE-----