-----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, Dzv+x0uYL1qCO1OEC//tQ+6SdAgxKgszhuY9gZQ9oTgkbbF7pc7fhXA7nnJHCEA3 PeUMHTueF3N30rHTbigQog== 0000836375-95-000038.txt : 19951102 0000836375-95-000038.hdr.sgml : 19951102 ACCESSION NUMBER: 0000836375-95-000038 CONFORMED SUBMISSION TYPE: 24F-2NT PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 19950831 FILED AS OF DATE: 19951030 DATE AS OF CHANGE: 19951101 SROS: NONE FILER: COMPANY DATA: COMPANY CONFORMED NAME: EVERGREEN MUNICIPAL TRUST CENTRAL INDEX KEY: 0000836375 STANDARD INDUSTRIAL CLASSIFICATION: 0000 STATE OF INCORPORATION: NY FISCAL YEAR END: 0831 FILING VALUES: FORM TYPE: 24F-2NT SEC ACT: 1933 Act SEC FILE NUMBER: 033-23180 FILM NUMBER: 95586177 BUSINESS ADDRESS: STREET 1: 2500 WESTCHESTER AVE CITY: PURCHASE STATE: NY ZIP: 10577 BUSINESS PHONE: 9146942020 MAIL ADDRESS: STREET 1: 2500 WESTCHESTER AVENUE CITY: PURCHASE STATE: NY ZIP: 10577 24F-2NT 1 24F-2 NOTICE Evergreen Asset Management Corp. 2500 Westchester Avenue Purchase, New York 10577 October 30, 1995. Securities and Exchange Commission 450 Fifth Street, N.W. Washington, D.C. 20549 Re Rule 24f-2 Notice of EVERGREEN MUNICIPAL TRUST on behalf of its Evergreen Tax-Exempt Money Market Fund, Evergreen Short-Intermediate Municipal Fund, Evergreen Short-Intermediate Municipal Fund-CA and Evergreen Florida High Income Municipal Fund for the fiscal year of such series ended August 31, 1995 Registration No. 33-23180; Investment Company File No.811-5579 Gentlemen: In accordance with the provisions of Rule 24f-2 under the Investment Company Act of 1940 (the "Regulation"), the Evergreen Municipal Trust (the "Trust") hereby files its Rule 24f-2 Notice on behalf of its four series, the Evergreen Tax-Exempt Money Market Fund ("Tax-Exempt"), Evergreen Short-Intermediate Municipal Fund ("Intermediate"), Evergreen Short- Intermediate Municipal Fund-CA ("Intermediate-CA"), Evergreen Florida High Income Municipal Fund ("Florida") for the fiscal year of such series ended August 31, 1995. This "Rule 24f-2 Notice" is being filed for the fiscal year ending August 31, 1995 ("Fiscal Year") for the Tax-Exempt,Intermediate,Intermediate- CA, and Florida series. Shares of Beneficial Interest of the Trust having a value of $63,527,111 which had 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. Shares of Beneficial Interest having a value of $14,563,621 were registered under the Securities Act during the Fiscal Year other than pursuant to the Regulation. During the Fiscal Year, shares of beneficial interest of Tax-Exempt, Intermediate, Intermediate-CA, and Florida having an aggregate offering price of $1,140,707,121, $27,093,800, $9,586,883 and $68,686,983, respectively, were sold:; and shares of beneficial interest of Tax-Exempt, Intermediate, Intermediate-CA, and Florida having an aggregate value of : $566,638,173, $26,833,640, $16,428,530 and $65,992,910, respectively, were redeemed. The value of the shares of Florida redeemed includes the shares of its predecessor, ABT Florida High Income Municipal Bond Fund (the "ABT Fund", that were redeemed in connection with the acquisition of the net assets of the ABT Fund by Florida at the close of business on June 30, 1995. Florida was formed as a series of the Trust for the purpose of acquiring the net assets of the ABT Fund and had no operations prior thereto. In addition a fifth series of the Trust, the Evergreen National Tax-Free Fund ("National"), which ceased operations on July 7, 1995, had redemptions of $42,759,501, none of which have previously been applied by the Trust on behalf of the Funds 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. Shares of beneficial interest of Tax-Exempt, Intermediate, Intermediate-CA, and Florida having an aggregate value of $1,062,616,389, $27,093,800, $9,586,883 and $68,686,983, 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, a registration fee of $154,941.83 is 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 October 27, 1995. (1) The actual aggregate redemption price of the shares of the Funds 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 the Funds 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.
Tax-Exempt Intermediate Intermediate-CA Florida TOTAL Aggregate Sale Price for Shares Sold During Fiscal Year in Reliance upon the 24f-2 Declaration $1,062,616,389 $27,093,800 $ 9,586,883 $68,686,983, $1,167,984,055 Reduced by the Difference Between: (1) Aggregate Redemption Price of Shares Redeemed During the Fiscal Year $ 566,638,173 $26,833,640 $16,428,530 $65,992,910 $ 718,652,754(+) and (2) Aggregate Redemption Price of Redeemed Shares Previously Applied by Fund Pursuant to Rule 24e-2(a) Filings Made Pursuant to Section 24(e)(1) of Investment Company Act of 1940 $ 0 $ 0 $ 0 $ 0 $ 0 Equals Net aggregate proceeds from sales and redemptions of Shares: $ 495,978,216 $ 260,160 ($ 6,841,647) $ 2,694,073 $ 449,331,301(+) Fee pursuant to Sec.6(b) of the Securities Act of 1933 /2900 ------------- $154,941.83 ============= (+) Includes $42,759,501 worth of shares redeemed by a former series of the Trust, Evergreen National Tax-Free Fund for its most recent fiscal period. Such shares were not previously applied by the Trust on behalf of the Funds 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. Evergreen National Tax-Free Fund ceased operations on July 7, 1995 when its net assets were acquired by Evergreen High Grade Tax Free Fund. For its most recent complete fiscal year, Evergreen National Tax-Free Fund had a common fiscal year with the series of the Trust represented in this Rule 24f-2 Notice.
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 EX-1 2 OPINION OF COUNSEL JAMES P. WALLIN, ESQ. 2500 WESTCHESTER AVENUE Purchase, New York 10577 October 30, 1995 Evergreen Municipal Trust 2500 Westchester Avenue Purchase, New York 10577 Dear Sirs: Evergreen Municipal 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 its four series, the Evergreen Tax-Exempt Money Market Fund ("Tax-Exempt"), Evergreen Short-Intermediate Municipal Fund ("Intermediate"), Evergreen Short- Intermediate Municipal Fund-CA ("Intermediate-CA"), Evergreen Florida High Income Municipal Fund ("Florida") for the fiscal year of such series ended August 31, 1995 (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 my 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-----