-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: keymaster@town.hall.org Originator-Key-Asymmetric: MFkwCgYEVQgBAQICAgADSwAwSAJBALeWW4xDV4i7+b6+UyPn5RtObb1cJ7VkACDq pKb9/DClgTKIm08lCfoilvi9Wl4SODbR1+1waHhiGmeZO8OdgLUCAwEAAQ== MIC-Info: RSA-MD5,RSA, G3RryUxXZzbAPtl8povk5bERqYkQChMBZdf1jc2sbIhjldNdVRPkanZmQSb+8uEP ovjn4QUp6bapFTekkZWERg== 0000918656-95-000003.txt : 19950905 0000918656-95-000003.hdr.sgml : 19950905 ACCESSION NUMBER: 0000918656-95-000003 CONFORMED SUBMISSION TYPE: 24F-2NT PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 19950630 FILED AS OF DATE: 19950831 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: 95569546 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 24F-2 NOTICE EVERGREEN ASSET MANAGEMENT CORP. 2500 Westchester Avenue Purchase, New York 10577 August 29, 1995. Securities and Exchange Commission 450 Fifth Street, N.W. Washington, D.C. 20549 Re Rule 24f-2 Notice of EVERGREEN INVESTMENT TRUST (formerly First Union Funds) on behalf of its Evergreen Managed Bond Fund, Evergreen Managed Bond Fund and Evergreen U.S. Government Fund for the fiscal year of such series ended June 30, 1995 Registration No. 2-94560; Investment Company File No.811-4154 Gentlemen: In accordance with the provisions of Rule 24f-2, the Evergreen Investment Trust (formerly First Union Funds) hereby files its Rule 24f-2 Notice on behalf of three of its series, the Evergreen Fixed-Income Fund ("Fixed-Income"), Evergreen Managed Bond Fund ("Managed Bond") and Evergreen U.S. Government Fund ("U.S. Government") (formerly First Union Fixed-Income Portfolio, First Union Managed Bond Portfolio and First Union U.S. Government Portfolio). This "Rule 24f-2 Notice" is being filed for the fiscal year ending June 30, 1995 ("Fiscal Year") for the Fixed-Income, Managed Bond and U.S. Government funds. These series previously had a December 31 fiscal year. No Shares of Beneficial Interest of the Fixed-Income, Managed Bond or U.S. Government funds which had previously been registered under the Securities Act of 1933 (the "Securities Act") other than pursuant to the Regulation remained unsold at the beginning of the Fiscal Year. No Shares of Beneficial Interest of the Fixed-Income, Managed Bond or U.S. Government funds were registered under the Securities Act during the Fiscal Year other than pursuant to the Regulation. During the Fiscal Year, the following shares of beneficial interest of the Fixed-Income, Managed Bond and U.S. Government funds were sold: 6,966,814, 1,687,452 and 882,843, respectively; and the following number of shares of beneficial interest of the Fixed-Income, Managed Bond and U.S. Government funds were redeemed: 9,988,341, 4,141,272 and 3,134,602, respectively. 6,966,814, 1,687,452 and 882,843 shares of beneficial interest of the Fixed-Income, Managed Bond and U.S. Government funds, respectively, were sold during the Fiscal Year in reliance upon the registration of an indefinite amount of securities under Rule 24f-2 ("24f-2 Declaration"). Attached to this Rule 24f-2 Notice, and made a part hereof, is an opinion of counsel indicating that the securities, the registration of which the Notice makes definite in number, were legally issued, fully paid, and non-assessable. In accordance with subsection (c) of Rule 24f-2, no registration fees are due on behalf of the Funds. The fee computations are based upon the actual aggregate sale price for which such securities were sold during the Fiscal Year by the Trust, reduced by the difference between: -2- Securities and Exchange Commission August 29, 1995. (1) The actual aggregate redemption price of the shares of Fixed-Income, Managed Bond and U.S. Government redeemed by the Trust during the Fiscal Year, and (2) The actual aggregate redemption price of such redeemed shares previously applied by the Trust on behalf of Fixed-Income, Managed Bond and U.S. Government or any of its other series pursuant to Rule 24e-2(a) in filings made pursuant to Section 24(e)(1) of the Investment Company Act of 1940.
Fixed-Income Managed Bond U.S. Government Total Aggregate Sale Price for Shares Sold During Fiscal Year in Reliance upon the 24f-2 Declaration $68,117,536 $16,463,692 $8,426,054 $ 93,007,282 Reduced by the Difference Between: (1) Aggregate Redemption Price of Shares Redeemed During the Fiscal Year ($97,874,977) ($40,222,694) ($29,247,164) ($167,334,835) and (2) Aggregate Redemption Price of Redeemed Shares Previously Applied by Fund Pur- suant to Rule 24e-2(a) Filings Made Pursuant to Section 24(e)(1) of Investment Company Act of 1940 $ 0 $ 0 $ 0 $ 0 Equals ($97,874,977) ($40,222,694) ($29,247,164) ($167,334,835) Net aggregate proceeds from sales and re- demptions of Shares: ($29,757,441) ($23,759,002) ($20,821,110) ($ 74,337,553) Fee pursuant to Sec.6(b) of the Securities Act of 1933 / .0002900 ------------- $0 ============= Registration Fees
Any questions regarding the matter should be addressed to Joseph J. McBrien, Esquire at the above address. Very truly yours, EVERGREEN INVESTMENT TRUST By: /s/ John J. Pileggi ------------------------------- John J. Pileggi President and Treasurer [SEAL] EX-1 2 OPINION OF COUNSEL JAMES P. WALLIN, ESQ. 2500 WESTCHESTER AVENUE Purchase, New York 10577 August 29, 1995 Evergreen Investment Trust 2500 Westchester Avenue Purchase, New York 10577 Dear Sirs: Evergreen Investment Trust, a Massachusetts business trust (the "Fund"), is filing with the Securities and Exchange Commission a Rule 24f-2 notice 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 Fund during the fiscal year ended June 30, 1995 (formerly December 31) 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 the Fund 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-----