DEF 14A
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definitiveproxy.txt
ICS DEFINITIVE PROXY
PRELIMINARY COPY-TO BE FILED WITH THE
SECURITIES AND EXCHANGE COMMISSION
SCHEDULE 14A INFORMATION
Proxy Statement Pursuant to Section 14(a)
of the Securities Exchange Act of 1934
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[X] Definitive Proxy Statement
[ ] Definitive Additional Materials
[ ] Soliciting Material Pursuant to (S) 240.14a-11(c) or (S)240.14a-12
INVESCO COUNSELOR SERIES FUNDS, INC.
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INVESCO LOGO
INVESCO COUNSELOR SERIES FUNDS, INC.
INVESCO GLOBAL GROWTH FUND
(CLASS A, B AND C SHARES)
INVESCO MID-CAP GROWTH FUND
(CLASS A, B, C, K, AND INSTITUTIONAL CLASS SHARES)
June 7, 2002
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Dear Shareholder:
The attached proxy materials seek your approval to convert each of the
above-named Funds from separate series of INVESCO Counselor Series Funds, Inc.
("Counselor Series Funds"), to a separate series of an existing INVESCO
investment company. Under the proposals described in the attached proxy
materials, the INVESCO Global Growth Fund would become a series of INVESCO
International Funds, Inc. ("International Funds") and the INVESCO Mid-Cap Growth
Fund would become a series of INVESCO Stock Funds, Inc. ("Stock Funds").
YOUR BOARD OF DIRECTORS UNANIMOUSLY RECOMMENDS A VOTE FOR BOTH PROPOSALS. The
board believes that the proposed conversions of the Funds will consolidate and
streamline and render more efficient the administration of the Funds. The
attached proxy materials provide more information about the proposed
conversions. It is very important to note that the proposed conversions will NOT
in any way affect the rights of Fund shareholders. Fund shareholders will
continue to have all the rights they currently have as shareholders of the
INVESCO Global Growth Fund and INVESCO Mid-Cap Growth Fund. There will be no
changes to the expenses charged to the Funds and no sales loads, redemption fees
or other transaction fees will result from approval of the proposed conversions.
YOUR VOTE IS IMPORTANT NO MATTER HOW MANY SHARES YOU OWN. Voting your shares
early will permit Counselor Series Funds to avoid costly follow-up mail and
telephone solicitation. After reviewing the attached materials, please complete,
sign and date your proxy card and mail it in the enclosed return envelope
promptly. As an alternative to using the paper proxy card to vote, you may vote
by telephone, by facsimile, through the Internet, or in person.
Very truly yours,
/s/ Mark H. Williamson
--------------------------------
Mark H. Williamson
President
INVESCO Counselor Series Funds, Inc.
INVESCO COUNSELOR SERIES FUNDS, INC.
INVESCO GLOBAL GROWTH FUND
(CLASS A, B AND C SHARES)
INVESCO MID-CAP GROWTH FUND
(CLASS A, B, C, K, AND INSTITUTIONAL CLASS SHARES)
NOTICE OF SPECIAL MEETING OF SHAREHOLDERS
TO BE HELD ON JULY 18, 2002
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To The Shareholders:
NOTICE IS HEREBY GIVEN that a special meeting of shareholders (the "Meeting") of
INVESCO Global Growth Fund and INVESCO Mid-Cap Growth Fund (each, a "Fund" and
collectively, the "Funds"), each a series of INVESCO Counselor Series Funds,
Inc. ("Counselor Series Funds"), will be held on July 18, 2002, at 10:00 a.m.
Mountain Time, at the offices of INVESCO Funds Group, Inc., 4350 South Monaco
Street, Denver, Colorado, 80237 for the following purposes:
1. For INVESCO Global Growth Fund voting separately, to approve an Agreement
and Plan of Conversion and Termination providing for the conversion of the
Fund from a separate series of Counselor Series Funds to a newly-created
separate series of INVESCO International Funds, Inc.;
2. For INVESCO Mid-Cap Growth Fund voting separately, to approve an Agreement
and Plan of Conversion and Termination providing for the conversion of the
Fund from a separate series of Counselor Series Funds, to a newly-created
separate series of INVESCO Stock Funds, Inc.; and
3. To transact such other business as may properly come before the meeting or
any adjournment thereof.
You are entitled to vote at the meeting and any adjournment thereof if you owned
shares of either Fund at the close of business on May 21, 2002. A complete list
of shareholders of the Funds entitled to vote at the Meeting will be available
and open to the examination of any shareholder of any Fund for any purpose
germane to the Meeting during ordinary business hours at the offices of the
Counselor Series Funds, 4350 South Monaco Street, Denver, Colorado 80237. A copy
of this list also will be available at the Meeting. IF YOU ATTEND THE MEETING,
YOU MAY VOTE YOUR SHARES IN PERSON. IF YOU DO NOT EXPECT TO ATTEND THE MEETING,
PLEASE COMPLETE, SIGN, DATE AND RETURN THE ENCLOSED PROXY CARD IN THE ENCLOSED
POSTAGE-PAID ENVELOPE.
By order of the Board of Directors,
/s/ Glen A. Payne
Glen A. Payne
Secretary
June 7, 2002
Denver, Colorado
INVESCO COUNSELOR SERIES FUNDS, INC.
INVESCO GLOBAL GROWTH FUND
(CLASS A, B AND C SHARES)
INVESCO MID-CAP GROWTH FUND
(CLASS A, B, C, K, AND INSTITUTIONAL CLASS SHARES)
================================================================================
4350 SOUTH MONACO STREET
DENVER, COLORADO 80237
(TOLL FREE) 1-800-525-8085
PROXY STATEMENT
SPECIAL MEETING OF SHAREHOLDERS
JULY 18, 2002
VOTING INFORMATION
This Proxy Statement is being furnished to shareholders of INVESCO Global Growth
Fund ("Global Growth Fund") and INVESCO Mid-Cap Growth Fund ("Mid-Cap Growth
Fund") (each, a "Fund" and collectively, the "Funds"), each a series of INVESCO
Counselor Series Funds, Inc. ("Counselor Series Funds"), in connection with the
solicitation of proxies from shareholders of the Funds by the board of directors
of Counselor Series Funds (the "Board") for use at a special meeting of
shareholders to be held on July 18, 2002, at 10:00 a.m. Mountain Time (the
"Meeting"), and at any adjournment of the Meeting. This Proxy Statement and form
of proxy will first be mailed to shareholders on or about June 7, 2002.
For each Fund, one-third of that Fund's shares outstanding on May 21, 2002 (the
"Record Date"), represented in person or by proxy, shall constitute a quorum and
must be present for the transaction of business at the Meeting. If a quorum is
not present at the Meeting or a quorum is present but sufficient votes to
approve one or both of the proposals set forth in this Proxy Statement are not
received, the persons named as proxies may propose one or more adjournments of
the Meeting to permit further solicitation of proxies. Any such adjournment will
require the affirmative vote of a majority of those shares represented at the
Meeting in person or by proxy. The persons named as proxies will vote those
proxies that they are entitled to vote FOR either proposal in favor of such an
adjournment and will vote those proxies required to be voted AGAINST that
proposal against such adjournment. A shareholder vote may be taken on one or
both of the proposals in this Proxy Statement prior to any such adjournment if a
quorum is present with respect to each proposal, sufficient votes have been
received to approve the proposal, and it is otherwise appropriate.
Broker non-votes are shares held in street name for which the broker indicates
that instructions have not been received from the beneficial owners or other
persons entitled to vote and for which the broker does not have discretionary
voting authority. Abstentions and broker non-votes will be counted as shares
present for purposes of determining whether a quorum is present but will not be
voted for or against any adjournment or proposal. Accordingly, abstentions and
broker non-votes effectively will be a vote against adjournment or against any
proposal where the required vote is a percentage of the shares present or
outstanding. Abstentions and broker non-votes will not be counted, however, as
votes cast for purposes of determining whether sufficient votes have been
received to approve a proposal.
The individuals named as proxies on the enclosed proxy card will vote in
accordance with your directions as indicated on that proxy card, if it is
received properly executed by you or by your duly appointed agent or
attorney-in-fact. If you sign, date and return the proxy card, but give no
voting instructions, your shares will be voted in favor of approval of each of
the proposals and the duly appointed proxies may, in their discretion, vote upon
such other matters as may come before the Meeting. The proxy card may be revoked
by giving another proxy or by letter revoking the initial proxy. To be
effective, revocation must be received by Counselor Series Funds prior to the
Meeting and must indicate your name and account number. If you attend the
Meeting in person you may, if you wish, vote by ballot at the Meeting, thereby
canceling any proxy previously given.
In order to reduce costs, the notices to a shareholder having more than one
account in a Fund listed under the same Social Security number at a single
address have been combined. The proxy cards have been coded so that a
shareholder's votes will be counted for each such account.
As of the Record Date, each Fund had the following amount of shares of common
stock outstanding:
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NUMBER OF SHARES
NAME OF FUND - CLASS OUTSTANDING
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INVESCO GLOBAL GROWTH FUND - CLASS A 250,041.6960
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INVESCO GLOBAL GROWTH FUND - CLASS B 39,286.7210
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INVESCO GLOBAL GROWTH FUND - CLASS C 61,135.0280
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INVESCO MID-CAP GROWTH FUND - CLASS A 195,177.8830
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INVESCO MID-CAP GROWTH FUND - CLASS B 77,642.6140
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INVESCO MID-CAP GROWTH FUND - CLASS C 50,204.8870
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INVESCO MID-CAP GROWTH FUND - CLASS K 0.0000
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INVESCO MID-CAP GROWTH FUND - INSTITUTIONAL CLASS 196,473.3170
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The solicitation of proxies will be made primarily by mail but also may be made
by telephone or oral communications by representatives of INVESCO Funds Group,
Inc. ("INVESCO"), the investment advisor and transfer agent of the Funds, and
INVESCO Distributors, Inc. ("IDI"), the distributor of the INVESCO group of
investment companies ("INVESCO Funds"), none of whom will receive any
compensation for these activities from the Funds. INVESCO and IDI are located at
4350 South Monaco Street, Denver, Colorado, 80237. Counselor Series Funds has
engaged ALAMO Direct Mail Services, Inc. ("Alamo"), professional proxy
solicitors, to distribute the enclosed proxy materials, and to record
shareholder votes. Alamo will be paid fees and expenses of up to approximately
$5,000 for soliciting services. If votes are recorded by telephone, Alamo will
use procedures designed to authenticate shareholders' identities, to allow
shareholders to authorize the voting of their shares in accordance with their
instructions, and to confirm that a shareholder's instructions have been
properly recorded.
You may vote by telephone, mail, by facsimile or through a secure Internet site.
To vote via the Internet or by telephone, please access the web site or call the
toll-free number listed on your proxy card or noted in the enclosed voting
instructions. To vote via the Internet or by telephone you will need the
"control number" that appears on your proxy card. Proxies voted by telephone,
facsimile or Internet may be revoked at any time before they are voted in the
same manner that proxies voted by mail may be revoked.
COPIES OF THE COUNSELOR SERIES FUNDS' MOST RECENT ANNUAL AND SEMI-ANNUAL
REPORTS, INCLUDING FINANCIAL STATEMENTS, ARE AVAILABLE UPON REQUEST.
SHAREHOLDERS MAY REQUEST COPIES OF THESE REPORTS, WITHOUT CHARGE, BY WRITING TO
INVESCO DISTRIBUTORS, INC., P.O. BOX 173706, DENVER, COLORADO 80217-3706, OR BY
CALLING TOLL-FREE 1-800-525-8085.
Except as set forth in Appendix A, INVESCO does not know of any person who, as
of the Record Date, owns beneficially 5% or more of the shares of either Fund.
Directors and officers of Counselor Series Funds own in the aggregate less than
1% of the shares of each Fund.
VOTE REQUIRED. Approval of Proposal 1 with respect to Global Growth Fund, and
Proposal 2 with respect to Mid-Cap Growth Fund, requires the affirmative vote of
a majority of the outstanding securities of the respective Fund, as defined in
the Investment Company Act of 1940, as amended (the "1940 Act"). This means that
for each Fund, a Proposal must be approved by the lesser of: (i) 67% of that
Fund's shares present at a meeting of shareholders if the owners of more than
50% of that Fund's shares then outstanding are present in person or by proxy; or
(ii) more than 50% of that Fund's outstanding shares.
Each outstanding full share of each Fund is entitled to one vote, and each
outstanding fractional share thereof is entitled to a proportionate fractional
share of one vote. If either Proposal is not approved by the requisite vote of
shareholders of a Fund or the Funds, the persons named as proxies may propose
one or more adjournments of the Meeting to permit further solicitation of
proxies.
PROPOSAL 1: TO APPROVE AN AGREEMENT AND PLAN OF CONVERSION AND
TERMINATION PROVIDING FOR THE CONVERSION OF INVESCO GLOBAL
GROWTH FUND ("GLOBAL GROWTH FUND") FROM A SEPARATE SERIES OF
INVESCO COUNSELOR SERIES FUNDS, INC. ("COUNSELOR SERIES FUNDS") TO
A SEPARATE SERIES OF INVESCO INTERNATIONAL FUNDS, INC.
("INTERNATIONAL FUNDS").
Global Growth Fund is presently organized as a series of the Counselor Series
Funds. The Board, including a majority of its directors who are not "interested
persons," as that term is defined in the 1940 Act (the "Independent Directors"),
has approved an Agreement and Plan of Conversion and Termination for Global
Growth Fund (the "Global Growth Fund Conversion Plan") in the form attached to
this Proxy Statement as Appendix B. The Global Growth Fund Conversion Plan
provides for the conversion of Global Growth Fund from a separate series of the
Counselor Series Funds, a Maryland corporation, to a newly established separate
series (the "New Global Growth Series") of International Funds, also a Maryland
corporation (the "Global Growth Fund Conversion"). THE PROPOSED GLOBAL GROWTH
FUND CONVERSION WILL HAVE NO MATERIAL EFFECT ON THE SHAREHOLDERS, OFFICERS,
OPERATION, EXPENSES OR MANAGEMENT OF THE GLOBAL GROWTH FUND. IF PROPOSAL 1 IS
APPROVED BY SHAREHOLDERS, UPON COMPLETION OF THE GLOBAL GROWTH FUND CONVERSION,
EACH GLOBAL GROWTH FUND SHAREHOLDER WILL OWN FULL AND FRACTIONAL NEW GLOBAL
GROWTH SERIES SHARES EQUAL IN NUMBER, DENOMINATION AND AGGREGATE NET ASSET VALUE
TO, AND OF THE SAME CLASS AS, HIS OR HER GLOBAL GROWTH FUND SHARES.
The New Global Growth Series, which has not yet commenced business operations
and was established for the purpose of effecting the Global Growth Fund
Conversion, will carry on the business of Global Growth Fund following that
conversion, and will have investment objectives, policies and restrictions
identical to those of Global Growth Fund. The investment objective, policies and
restrictions of Global Growth Fund will not change. The risks and potential
rewards to shareholders invested in Global Growth Fund will not change as a
result of the proposed conversion. Since both Counselor Series Funds and
International Funds are Maryland corporations organized under substantially
similar Articles of Incorporation, the rights of security holders of Global
Growth Fund under state law and its governing documents will remain unchanged
after the Global Growth Fund Conversion. Shareholder voting rights under both
Counselor Series Funds and International Funds are currently based on the number
of shares owned by such shareholder. There will be no changes to the expenses
charged to the Fund and no sales loads, redemption fees or other transaction
fees will result from approval of the proposed conversion. All individuals who
serve as directors of Counselor Series Funds also serve as directors of
International Funds. Richard W. Healey, who is affiliated with INVESCO, also
serves on the International Funds board of directors. Mr. Healey is a Senior
Vice President of INVESCO; Senior Vice President of IDI; and was formerly Senior
Vice President of GT Global North America (1996 to 1998) and The Boston Company
(1993 to 1996). Mr. Healey does not receive compensation from International
Funds as a director.
INVESCO, the investment advisor to Global Growth Fund, will be responsible for
providing the New Global Growth Series with various administrative services and
supervising the daily business affairs of the New Global Growth Fund Series,
subject to the supervision of the board of directors of International Funds,
under management contracts substantially identical to the contracts in effect
between INVESCO and Global Growth Fund immediately prior to the proposed Global
Growth Fund Conversion. The distribution agent for the Fund, IDI, will
distribute shares of the New Global Growth Series under Master Distribution
Agreements substantially identical to the contracts in effect between IDI and
the Global Growth Fund immediately prior to the proposed conversion.
REASONS FOR THE PROPOSED CONVERSION
The Board unanimously recommends conversion of the Global Growth Fund to a
separate series of International Funds (i.e., to New Global Growth Series). This
proposed conversion is part of an overall plan that also involves the conversion
of INVESCO Mid-Cap Growth Fund into a separate series of INVESCO Stock Funds,
Inc. The goal of the two conversions is to combine the Funds with similar types
of funds into a single corporate entity. Ultimately, if both of the conversions
are approved, the INVESCO Funds will be organized into a group of core
companies, with one core company for each major fund type -- for example, all
INVESCO Funds that invest primarily in global or international securities will
be series of one core company, all INVESCO Funds that invest primarily in debt
securities will be series of one core company, and substantially all INVESCO
Funds that invest primarily in equity securities of domestic issuers will be
series of one core company. Ultimately, it is expected that all INVESCO Funds
that have an international or global mandate and therefore invest substantially
in equity securities of international issuers will become series of
International Funds. THE PROPOSED GLOBAL GROWTH FUND CONVERSION WILL HAVE NO
MATERIAL EFFECT ON THE SHAREHOLDERS, OFFICERS, OPERATIONS, EXPENSES OR
MANAGEMENT OF THE GLOBAL GROWTH FUND. It is possible but cannot be guaranteed
that the more efficient administration of the Fund resulting from the Global
Growth Fund Conversion may result in reduced marketing and administrative
expenses.
The proposal to present the Conversion Plan to shareholders was approved by the
Board, including all of its Independent Directors, on May 10, 2002. In approving
the Global Growth Fund Conversion Plan, the Board considered the potential
benefits to the Global Growth Fund of being organized with other INVESCO Funds
that invest primarily in global or international securities. The Board took into
account that the New Global Growth Series' operations will be substantially the
same as those of the Global Growth Fund. The investment advisor and distributor
to the Global Growth Fund will be unchanged and therefore day to day portfolio
management will be unchanged after the Global Growth Fund Conversion. In
addition, the Board considered that the overall investment objectives, policies
and strategies will continue unchanged.
The Board recommends that shareholders of Global Growth Fund vote FOR the
approval of the Global Growth Fund Conversion Plan. Such a vote encompasses
approval of both: (i) the conversion of Global Growth Fund to a separate series
of International Funds; and (ii) a temporary waiver of certain investment
limitations of the Global Growth Fund, to permit the Global Growth Fund
Conversion (see "Temporary Waiver of Investment Restrictions," below). If
shareholders of Global Growth Fund do not approve the Global Growth Fund
Conversion Plan, set forth herein, Global Growth Fund will continue to operate
as a series of Counselor Series Funds.
SUMMARY OF THE CONVERSION PLAN
The following discussion summarizes the important terms of the Global Growth
Fund Conversion Plan. This summary is qualified in its entirety by reference to
the form of the Global Growth Fund Conversion Plan, which is attached as
Appendix B to this Proxy Statement.
If the Global Growth Fund Conversion Plan is approved by shareholders of Global
Growth Fund, on or about October 30, 2002, or such other date as to which
Counselor Series Funds and International Funds agree (the "Closing Date"),
Global Growth Fund will transfer all of its assets to the New Global Growth
Series in exchange solely for shares thereof ("New Global Growth Series Shares")
equal to the number of Global Growth Fund shares outstanding on the Closing Date
("Global Growth Fund Shares") and the assumption by the New Global Growth Series
of all of the liabilities of the Global Growth Fund. Immediately thereafter,
Global Growth Fund will constructively distribute to each Global Growth Fund
shareholder one New Global Growth Series Share for each Global Growth Fund Share
held by the shareholder on the Closing Date, by class, in liquidation of the
Global Growth Fund Shares. As soon as is practicable after this distribution of
New Global Growth Series Shares, Global Growth Fund will be terminated as a
series of Counselor Series Funds and will be wound up and liquidated. UPON
COMPLETION OF THE GLOBAL GROWTH FUND CONVERSION, EACH GLOBAL GROWTH FUND
SHAREHOLDER WILL OWN FULL AND FRACTIONAL NEW GLOBAL GROWTH SERIES SHARES EQUAL
IN NUMBER, DENOMINATION AND AGGREGATE NET ASSET VALUE TO, AND OF THE SAME CLASS
AS, HIS OR HER GLOBAL GROWTH FUND SHARES.
The Global Growth Fund Conversion Plan obligates International Funds to enter
into: (i) an Investment Advisory Agreement with INVESCO with respect to the New
Global Growth Series (the "New Advisory Agreement"); and (ii) new Master
Distribution Plan and Agreements under Rule 12b-1 (the "New 12b-1 Plans") with
respect to each class of the New Global Growth Series (collectively, the "New
Agreements"). Approval of the Global Growth Fund Conversion Plan by shareholders
of Global Growth Fund will authorize Counselor Series Funds (which will be
issued a single share of New Global Growth Series on a temporary basis) to
approve the New Agreements with respect to New Global Growth Series as the sole
initial shareholder of the New Global Growth Series. Each New Agreement will be
identical to the corresponding contract or plan in effect with respect to Global
Growth Fund immediately prior to the Closing Date.
The New Advisory Agreement will take effect on the Closing Date, and will
continue in effect for two years. Thereafter, the New Advisory Agreement will
continue in effect only if its continuance is approved at least annually: (i) by
the vote of a majority of Independent Directors cast in person at a meeting
called for the purpose of voting on such approval; and (ii) by the vote of a
majority of International Funds' directors or a majority of the outstanding
voting shares of the New Global Growth Series. The New 12b-1 Plans will take
effect on the Closing Date. The New 12b-1 Plans will continue in effect only if
approved annually by a vote of International Funds' Independent Directors, cast
in person at a meeting called for that purpose. The New Advisory Agreement will
be terminable without penalty on sixty days' written notice by either
International Funds or INVESCO and will terminate automatically in the event of
its assignment. The New 12b-1 Plans will be terminable at any time without
penalty by a vote of a majority of International Funds' Independent Directors or
a majority of the outstanding voting shares of any class of the New Global
Growth Series, with respect to that class.
In addition, International Funds, on behalf of New Global Growth Series, will
enter into Transfer Agency, Custody, and Administrative Services Agreements, as
well as other ancillary agreements required for the operation of New Global
Growth Series substantially identical to the corresponding agreements currently
in place for Global Growth Fund.
Each member of the board of directors of International Funds will hold office
without limit in time except that: (i) any director may resign; and (ii) a
director may be removed at any special meeting of the International Funds
shareholders at which a quorum is present by the affirmative vote of a majority
of the votes entitled to be cast thereon. In case a vacancy shall for any reason
exist, a majority of the remaining directors, though less than a quorum, will
vote to fill such vacancy by appointing another director, so long as,
immediately after such appointment, at least two-thirds of the directors have
been elected by shareholders. If, at any time, less than a majority of the
directors holding office have been elected by shareholders, the directors then
in office will promptly call a shareholders' meeting for the purpose of electing
a board of directors. Otherwise, there need normally be no meetings of
shareholders for the purpose of electing directors.
Assuming the Global Growth Fund Conversion Plan is approved, it is currently
contemplated that the Global Growth Fund Conversion will become effective on the
Closing Date. However, the Global Growth Fund Conversion may become effective at
such other date as to which Counselor Series Funds and International Funds may
agree in writing.
The obligations of Counselor Series Funds and International Funds under the
Global Growth Fund Conversion Plan are subject to various conditions as stated
therein. Notwithstanding the approval of the Conversion Plan by shareholders, it
may be terminated or amended at any time prior to the Closing Date by action of
the directors of Counselor Series Funds to provide for unforeseen events, if:
(i) there is a material breach by the other party of any representation,
warranty, or agreement contained in the Conversion Plan to be performed at or
prior to the Closing Date; or (ii) it reasonably appears that the other party
will not or cannot meet a condition of the Conversion Plan. Either Counselor
Series Funds or International Funds may at any time waive compliance with any of
the covenants and conditions contained in, or may amend, the Global Growth Fund
Conversion Plan, provided that the waiver or amendment does not materially
adversely affect the interests of Global Growth Fund's shareholders.
CONTINUATION OF FUND SHAREHOLDER ACCOUNTS
International Funds' transfer agent will establish accounts for the New Global
Growth Series shareholders containing the appropriate number, class and
denominations of New Global Growth Series Shares to be received by each
shareholder under the Global Growth Fund Conversion Plan. Such accounts will be
identical in all material respects including redemption procedures, to the
accounts currently maintained by Counselor Series Funds' transfer agent for
shareholders.
EXPENSES
The combined aggregate expenses of the Global Growth Fund Conversion (described
in Proposal 1) and the Mid-Cap Growth Fund Conversion (described in Proposal 2)
are estimated to be approximately $100,000. These expenses will be borne half by
INVESCO and half by the Funds. The one-half expenses borne by the Funds will be
allocated between the Funds based on a ratio of the number of shareholders in
each Fund at the close of business on the Record Date.
TEMPORARY WAIVER OF INVESTMENT RESTRICTIONS
Certain fundamental investment restrictions of Global Growth Fund, which
prohibit it from acquiring more than a stated percentage of ownership of another
company, might be construed as restricting its ability to carry out the Global
Growth Fund Conversion. By approving the Global Growth Fund Conversion Plan,
shareholders will be agreeing to waive, only for the purpose thereof, those
fundamental investment restrictions that could prohibit or otherwise impede the
transaction.
FORMS OF ORGANIZATION; CAPITAL STOCK INFORMATION
Global Growth Fund is a series of Counselor Series Funds, an open-end,
diversified investment management company that was incorporated on April 24,
2000, under the laws of the State of Maryland. It has authorized capital of 4
billion shares of common stock, par value of $0.01 per share. Counselor Series
Funds does not issue share certificates and is not required to (and does not)
hold annual shareholder meetings.
New Global Growth Series will be a newly organized series of International
Funds, an open-end, diversified investment management company that was
incorporated on April 2, 1993, under the laws of the State of Maryland.
International Funds will authorize capital of 1.5 billion shares of common
stock, par value of $0.01 per share, of which 600 million authorized and
unissued shares will be allocated to New Global Growth Series. International
Funds does not issue share certificates and is not required to (and does not)
hold annual shareholder meetings.
New Global Growth Series will offer three classes of shares: A, B and C. Each
class will represent interests in the same pool of assets. A separate vote will
be taken by a class of shares if a matter affects just that class. Each class of
shares may bear certain differing class-specific expenses and sales charges,
which may affect performance.
International Funds' board of directors will call meetings of shareholders as
required by the 1940 Act, Maryland law or its Articles of Incorporation or
By-laws and at their discretion.
TAX CONSEQUENCES OF THE CONVERSION
Both Counselor Series Funds and International Funds will receive an opinion from
their counsel, Kirkpatrick & Lockhart LLP, that the Conversion will constitute a
tax-free reorganization within the meaning of section 368(a)(1)(F) of the
Internal Revenue Code of 1986, as amended ("the Code"). Accordingly, neither
Global Growth Fund, the New Global Growth Series, nor the shareholders of Global
Growth Fund will recognize gain or loss for federal income tax purposes upon:
(i) the transfer of Global Growth Fund's assets in exchange solely for New
Global Growth Series Shares and the New Global Growth Series' assumption of
Global Growth Fund's liabilities; or (ii) the distribution of those shares to
the Global Growth Fund's shareholders in liquidation of their Global Growth Fund
Shares. The opinion will further provide, among other things, that: (1) a Global
Growth Fund shareholder's aggregate basis for federal income tax purposes of the
New Global Growth Series Shares to be received by the shareholder in the Global
Growth Fund Conversion will be the same as the aggregate basis of his or her
Global Growth Fund Shares to be constructively surrendered in exchange for those
New Global Growth Series Shares; and (2) a Global Growth Fund shareholder's
holding period for his or her New Global Growth Series Shares will include the
shareholder's holding period for his or her Global Growth Fund Shares, provided
that those Global Growth Fund Shares were held as capital assets at the time of
the Global Growth Fund Conversion.
CONCLUSION
The Board has concluded that the proposed Global Growth Fund Conversion Plan is
in the best interests of the shareholders of Global Growth Fund. A vote in favor
of the Global Growth Fund Conversion Plan encompasses: (i) approval of the
conversion of Global Growth Fund to New Global Growth Series; (ii) approval of
the temporary waiver of certain investment limitations of Global Growth Fund to
permit the Global Growth Fund Conversion (see "Temporary Waiver of Investment
Restrictions", above); and (iii) authorization of Counselor Series Funds, as the
sole initial shareholder of the New Global Growth Series, to approve: (a) an
Investment Advisory Agreement with respect to the New Global Growth Series
between International Funds and INVESCO; and (b) the Master Distribution Plan
and Agreements under Rule 12b-1 with respect to the New Global Growth Series.
Each of these New Agreements is virtually identical to the corresponding
contract or plan in effect with respect to Global Growth Fund immediately prior
to the Closing Date. If approved, the Conversion Plan will take effect on the
Closing Date. If the Global Growth Fund Conversion Plan is not approved, Global
Growth Fund will continue to operate as a series of Counselor Series Funds.
Otherwise, Global Growth Fund will be reorganized consistent with shareholder
approval.
REQUIRED VOTE. Approval of the Global Growth Fund Conversion Plan requires the
affirmative vote of a majority of the outstanding securities of the Global
Growth Fund as that term is defined in the 1940 Act.
THE BOARD UNANIMOUSLY RECOMMENDS THAT SHAREHOLDERS OF
GLOBAL GROWTH FUND VOTE "FOR" PROPOSAL 1.
PROPOSAL 2: TO APPROVE AN AGREEMENT AND PLAN OF CONVERSION AND
TERMINATION PROVIDING FOR THE CONVERSION OF INVESCO MID-CAP
GROWTH FUND ("MID-CAP GROWTH FUND") FROM A SEPARATE SERIES OF
INVESCO COUNSELOR SERIES FUNDS, INC. ("COUNSELOR SERIES FUNDS") TO
A SEPARATE SERIES OF INVESCO STOCK FUNDS, INC. ("STOCK FUNDS").
Mid-Cap Growth Fund is presently organized as a separate series of Counselor
Series Funds. The Independent Directors of Counselor Series Funds have approved
an Agreement and Plan of Conversion and Termination for Mid-Cap Growth Fund (the
"Mid-Cap Growth Fund Conversion Plan") in the form attached to this Proxy
Statement as Appendix B. The Mid-Cap Growth Fund Conversion Plan provides for
the conversion of Mid-Cap Growth Fund from a separate series of Counselor Series
Funds, a Maryland corporation, to a newly established separate series (the "New
Mid-Cap Growth Series") of Stock Funds, also a Maryland corporation (the
"Mid-Cap Growth Fund Conversion"). THE PROPOSED MID-CAP GROWTH FUND CONVERSION
WILL HAVE NO MATERIAL EFFECT ON THE SHAREHOLDERS, OFFICERS, OPERATIONS, EXPENSES
OR MANAGEMENT OF THE MID-CAP GROWTH FUND. IF PROPOSAL 2 IS APPROVED BY
SHAREHOLDERS, UPON COMPLETION OF THE MID-CAP GROWTH FUND CONVERSION, EACH
MID-CAP GROWTH FUND SHAREHOLDER WILL OWN FULL AND FRACTIONAL NEW MID-CAP GROWTH
SERIES SHARES EQUAL IN NUMBER, DENOMINATION AND AGGREGATE NET ASSET VALUE TO,
AND OF THE SAME CLASS AS, HIS OR HER MID-CAP GROWTH FUND SHARES.
The New Mid-Cap Growth Series, which has yet to commence business operations and
was established for the purpose of effecting the Mid-Cap Growth Fund Conversion,
will carry on the business of Mid-Cap Growth Fund following the conversion, and
will have investment objectives, policies and restrictions identical to those of
the Mid-Cap Growth Fund. The investment objective, policies and restrictions of
the Mid-Cap Growth Fund will not change. The risks and potential rewards to
shareholders invested in Mid-Cap Growth Fund will not change as a result of the
proposed conversion. Since both Counselor Series Funds and Stock Funds are
Maryland corporations organized under substantially similar Articles of
Incorporation, the rights of shareholders of Mid-Cap Growth Fund under state law
and its governing documents will remain unchanged after the conversion.
Shareholder voting rights under both Counselor Series Funds and Stock Funds are
currently based on the number of shares owned by such shareholder. There will be
no changes to the expenses charged to the Fund and no sales loads, redemption
fees or other transaction fees will result from approval of the proposed
conversion. All individuals who serve as directors of Counselor Series Funds
also serve as directors of Stock Funds. Richard W. Healey, who is affiliated
with INVESCO, currently serves on the Stock Funds board of directors, but will
resign as a Stock Funds' director prior to the Mid-Cap Growth Fund Conversion
Plan becoming effective.
INVESCO, the investment advisor to the Funds, will be responsible for providing
the New Mid-Cap Growth Series with various administrative services and
supervising the daily business affairs of the New Mid-Cap Growth Series, subject
to the supervision of the board of directors of Stock Funds, under management
contracts substantially identical to the contracts in effect between INVESCO and
Mid-Cap Growth Fund immediately prior to the proposed conversion. The
distribution agent for the Funds, IDI, will distribute shares of the New Mid-Cap
Growth Series under Master Distribution Agreements substantially identical to
the contracts in effect between IDI and the Mid-Cap Growth Fund immediately
prior to the proposed conversion.
REASONS FOR THE PROPOSED CONVERSION
The Board unanimously recommends conversion of the Mid-Cap Growth Fund to a
separate series of Stock Funds (i.e., New Mid-Cap Growth Series). This proposed
conversion is part of an overall plan that also involves the conversion of
INVESCO Global Growth Fund into a separate series of the INVESCO International
Funds. The goal of the conversions is to combine similar types of funds into a
single corporate entity. Ultimately, if both of the conversions are approved,
the INVESCO Funds will be organized into a group of core companies, with one
core company for each major fund type -- for example, all INVESCO Funds that
invest primarily in global or international securities will be series of one
core company, all INVESCO Funds that invest primarily in debt securities will be
series of one core company, and substantially all INVESCO Funds that invest
primarily in equity securities of domestic issuers will be series of one core
company. Going forward, it is expected that those INVESCO Funds that invest
primarily in equity securities of domestic issuers will become series of Stock
Funds. THE PROPOSED MID-CAP GROWTH FUND CONVERSION WILL HAVE NO MATERIAL EFFECT
ON THE SHAREHOLDERS, OFFICERS, OPERATIONS, EXPENSES OR MANAGEMENT OF MID-CAP
GROWTH FUND. It is possible but cannot be guaranteed that the more efficient
administration of the Fund resulting from the Mid-Cap Growth Fund Conversion may
result in reduced marketing and administrative expenses.
The proposal to present the Mid-Cap Growth Fund Conversion Plan to shareholders
was approved by the Board, including all of its Independent Directors, on May
10, 2002. In approving the Mid-Cap Growth Fund Conversion Plan, the Board
considered the potential benefits to the Mid-Cap Growth Fund of being organized
with other INVESCO Funds that invest primarily in equity securities of domestic
issuers. The Board took into account that the New Mid-Cap Growth Series'
operations will be substantially the same as those of the Mid-Cap Growth Fund.
The investment advisor and distributor to the Mid-Cap Growth Fund will be
unchanged and therefore day to day portfolio management will be unchanged after
the Mid-Cap Growth Fund Conversion. In addition, the Board considered that the
overall investment objectives, policies and strategies will continue unchanged.
The Board recommends that shareholders of Mid-Cap Growth Fund vote FOR the
approval of the Mid-Cap Growth Fund Conversion Plan. Such a vote encompasses
approval of both: (i) the conversion of the Fund to a separate series of Stock
Funds; and (ii) a temporary waiver of certain investment limitations of the
Fund, to permit the Mid-Cap Growth Fund Conversion (see "Temporary Waiver of
Investment Restrictions," below). If shareholders of Mid-Cap Growth Fund do not
approve the Mid-Cap Growth Fund Conversion Plan set forth herein, Mid-Cap Growth
Fund will continue to operate as a series of Counselor Series Funds.
SUMMARY OF THE CONVERSION PLAN
The following discussion summarizes the important terms of the Mid-Cap Growth
Fund Conversion Plan. This summary is qualified in its entirety by reference to
the form of the Mid-Cap Growth Fund Conversion Plan, which is attached as
Appendix B to this Proxy Statement.
If the Mid-Cap Growth Fund Conversion Plan is approved by shareholders of
Mid-Cap Growth Fund, on or about July 30, 2002, or such other date as to which
Counselor Series Funds and Stock Funds agree (the "Closing Date"), Mid-Cap
Growth Fund will transfer all of its assets to the New Mid-Cap Growth Series in
exchange solely for shares thereof ("New Mid-Cap Growth Series Shares") equal to
the number of Mid-Cap Growth Fund Shares outstanding on the Closing Date
("Mid-Cap Growth Fund Shares") and the assumption by the New Mid-Cap Growth
Series of all of the liabilities of Mid-Cap Growth Fund. Immediately thereafter,
Mid-Cap Growth Fund will constructively distribute to each Mid-Cap Growth Fund
shareholder one New Mid-Cap Growth Series Share for each Mid-Cap Growth Fund
Share held by the shareholder on the Closing Date, in liquidation of the Mid-Cap
Growth Fund Shares. As soon as is practicable after this distribution of New
Mid-Cap Growth Series Shares, Mid-Cap Growth Fund will be terminated as a series
of Counselor Series Funds and will be wound up and liquidated. UPON COMPLETION
OF THE MID-CAP GROWTH FUND CONVERSION, EACH MID-CAP GROWTH FUND SHAREHOLDER WILL
OWN FULL AND FRACTIONAL NEW MID-CAP GROWTH SERIES SHARES EQUAL IN NUMBER,
DENOMINATION AND AGGREGATE NET ASSET VALUE TO, AND OF THE SAME CLASS AS, HIS OR
HER MID-CAP GROWTH FUND SHARES.
The Mid-Cap Growth Fund Conversion Plan obligates Stock Funds to enter into: (i)
an Investment Advisory Agreement with INVESCO with respect to New Mid-Cap Growth
Series (the "New Advisory Agreement"); and (ii) Master Distribution Plan and
Agreements under Rule 12b-1 (the "New 12b-1 Plans") with respect to each class
of the New Mid-Cap Growth Series (collectively, the "New Agreements"). Approval
of the Mid-Cap Growth Fund Conversion Plan by shareholders of Mid-Cap Growth
Fund will authorize Counselor Series Funds (which will be issued a single share
of New Mid-Cap Growth Series on a temporary basis) to approve the New Agreements
with respect to New Mid-Cap Growth Series as the sole initial shareholder of New
Mid-Cap Growth Series. Each New Agreement will be identical to the corresponding
contract or plan in effect with respect to Mid-Cap Growth Fund immediately prior
to the Closing Date.
The New Advisory Agreement will take effect on the Closing Date, and will
continue in effect for two years. Thereafter, the New Advisory Agreement will
continue in effect only if its continuance is approved at least annually: (i) by
the vote of a majority of Stock Funds' Independent Directors cast in person at a
meeting called for the purpose of voting on such approval; and (ii) by the vote
of a majority of Stock Funds' directors or a majority of the outstanding voting
shares of New Mid-Cap Growth Series. The New 12b-1 Plans will take effect on the
Closing Date. The New 12b-1 Plans will continue in effect only if approved
annually by a vote of Stock Funds' Independent Directors, cast in person at a
meeting called for that purpose. The New Advisory Agreement will be terminable
without penalty on sixty days' written notice either by Stock Funds or INVESCO
and will terminate automatically in the event of its assignment. The New 12b-1
Plans will be terminable at any time without penalty by a vote of a majority of
Stock Funds' Independent Directors or a majority of the outstanding voting
shares of any class of New Mid-Cap Growth Series, with respect to that class.
In addition, Stock Funds, on behalf of New Mid-Cap Growth Series, will enter
into Transfer Agency, Custody, and Administrative Services Agreements, as well
as other ancillary agreements required for the operation of New Mid-Cap Growth
Series substantially identical to the corresponding agreements currently in
place for Mid-Cap Growth Fund.
Each member of the board of directors of Stock Funds will hold office without
limit in time except that: (i) any director may resign; and (ii) a director may
be removed at any special meeting of the Stock Funds shareholders at which a
quorum is present by the affirmative vote of a majority of the outstanding
voting shares of Stock Funds. In case a vacancy shall for any reason exist, a
majority of the remaining directors, though less than a quorum, will vote to
fill such vacancy by appointing another director, so long as, immediately after
such appointment, at least two-thirds of the directors have been elected by
shareholders. If, at any time, less than a majority of the directors holding
office have been elected by shareholders, the directors then in office will
promptly call a shareholders' meeting for the purpose of electing a board of
directors. Otherwise, there need normally be no meetings of shareholders for the
purpose of electing directors.
Assuming the Mid-Cap Growth Fund Conversion Plan is approved, it is currently
contemplated that the Mid-Cap Growth Fund Conversion will become effective on
the Closing Date. However, the Mid-Cap Growth Fund Conversion may become
effective at such other date as to which Counselor Series Funds and Stock Funds
may agree in writing.
The obligations of Counselor Series Funds and Stock Funds under the Mid-Cap
Growth Fund Conversion Plan are subject to various conditions as stated therein.
Notwithstanding the approval of the Conversion Plan by shareholders, it may be
terminated or amended at any time prior to the Closing Date by action of the
directors of Counselor Series Funds to provide for unforeseen events, if: (i)
there is a material breach by the other party of any representation, warranty,
or agreement contained in the Mid-Cap Growth Fund Conversion Plan to be
performed at or prior to the Closing Date; or (ii) it reasonably appears that
the other party will not or cannot meet a condition of the Mid-Cap Growth Fund
Conversion Plan. Either Counselor Series Funds or Stock Funds may at any time
waive compliance with any of the covenants and conditions contained in, or may
amend, the Mid-Cap Growth Fund Conversion Plan, provided that the waiver or
amendment does not materially adversely affect the interests of Mid-Cap Growth
Fund's shareholders.
CONTINUATION OF FUND SHAREHOLDER ACCOUNTS
Stock Funds' transfer agent will establish accounts for the New Mid-Cap Growth
Series shareholders containing the appropriate number, class and denomination of
New Mid-Cap Growth Series Shares to be received by each shareholder under the
Mid-Cap Growth Fund Conversion Plan. Such accounts will be identical in all
material respects, including redemption procedures, to the accounts currently
maintained by Counselor Series Funds' transfer agent for shareholders.
EXPENSES
The combined aggregate expenses of the Global Growth Fund Conversion (described
in Proposal 1) and the Mid-Cap Growth Fund Conversion (described in Proposal 2)
are estimated to be approximately $100,000. The expenses will be borne half by
INVESCO and half by the Funds. The one-half expenses borne by the Fund will be
allocated between the Funds based on a ratio of the number of shareholders in
each Fund at the close of business on the Record Date.
TEMPORARY WAIVER OF INVESTMENT RESTRICTIONS
Certain fundamental investment restrictions of Mid-Cap Growth Fund, which
prohibit Mid-Cap Growth Fund from acquiring more than a stated percentage of
ownership of another company, might be construed as restricting that Fund's
ability to carry out the Mid-Cap Growth Fund Conversion. By approving the
Mid-Cap Growth Fund Conversion Plan, shareholders will be agreeing to waive,
only for the purpose of the Mid-Cap Growth Fund Conversion Plan, those
fundamental investment restrictions that could prohibit or otherwise impede the
transaction.
FORMS OF ORGANIZATION; CAPITAL STOCK INFORMATION
Mid-Cap Growth Fund is a series of Counselor Series Funds, an open-end,
diversified investment management company that was incorporated on April 24,
2000, under the laws of the State of Maryland. It has authorized capital of 4
billion shares of common stock, par value of $0.01 per share. Counselor Series
Funds does not issue share certificates and is not required to (and does not)
hold annual shareholder meetings.
New Mid-Cap Growth Series will be a newly organized series of Stock Funds, an
open-end diversified investment management company that was incorporated on
April 2, 1993, under the laws of the State of Maryland. Stock Funds will
authorize capital of 9 billion shares of common stock, par value of $0.01 per
share, of which one billion authorized and unissued shares will be allocated to
New Mid-Cap Growth Series. Stock Funds does not issue share certificates and is
not required to (and does not) hold annual shareholder meetings.
The New Mid-Cap Growth Series will offer six classes of shares - Investor Class,
Institutional Class, Class A, B, C, and K. Each class will represent interests
in the same pool of assets. A separate vote will be taken by a class of shares
if a matter affects just that class. Each class of shares may bear certain
differing class-specific expenses and sales charges, which may affect
performance.
Stock Funds' board of directors will call meetings of shareholders as required
by the 1940 Act, Maryland law or its Articles of Incorporation or By-laws and at
their discretion.
TAX CONSEQUENCES OF THE CONVERSION
Both Counselor Series Funds and Stock Funds will receive an opinion from their
counsel, Kirkpatrick & Lockhart LLP, that the Mid-Cap Growth Fund Conversion
will constitute a tax-free reorganization within the meaning of section
368(a)(1)(F) of the Code. Accordingly, neither Mid-Cap Growth Fund, the New
Mid-Cap Growth Series, nor the shareholders of Mid-Cap Growth Fund will
recognize any gain or loss for federal income tax purposes upon: (i) the
transfer of Mid-Cap Growth Fund's assets in exchange solely for New Mid-Cap
Growth Series Shares and the New Mid-Cap Growth Series' assumption of Mid-Cap
Growth Fund's liabilities; or (ii) the distribution of those shares to the
Mid-Cap Growth Fund's shareholders in liquidation of their Mid-Cap Growth Fund
Shares. The opinion will further provide, among other things, that: (1) a
Mid-Cap Growth Fund shareholder's aggregate basis for federal income tax
purposes of New Mid-Cap Growth Series Shares to be received by the shareholder
in the Mid-Cap Growth Fund Conversion will be the same as the aggregate basis of
his or her Mid-Cap Growth Fund Shares to be constructively surrendered in
exchange for those New Mid-Cap Growth Series Shares, and (2) a Mid-Cap Growth
Fund shareholder's holding period for his or her New Mid-Cap Growth Series
Shares will include the shareholder's holding period for his or her Mid-Cap
Growth Fund Shares provided that those Mid-Cap Growth Fund Shares were held as
capital assets at the time of the Mid-Cap Growth Fund Conversion.
CONCLUSION
The Board has concluded that the proposed Mid-Cap Growth Fund Conversion Plan is
in the best interests of the shareholders of Mid-Cap Growth Fund. A vote in
favor of the Mid-Cap Growth Fund Conversion Plan, encompasses: (i) approval of
the conversion of the Mid-Cap Growth Fund to the New Mid-Cap Growth Series; (ii)
approval of the temporary waiver of certain investment limitations of Mid-Cap
Growth Fund to permit the Mid-Cap Growth Fund Conversion (see "Temporary Waiver
of Investment Restrictions," above); and (iii) authorization of Counselor Series
Funds, as the sole initial shareholder of the New Mid-Cap Growth Series, to
approve: (a) an Investment Advisory Agreement with respect to the New Mid-Cap
Growth Series between Stock Funds and INVESCO; and (b) the Master Distribution
Plan and Agreements under Rule 12b-1 with respect to the New Mid-Cap Growth
Series. Each of these New Agreements is virtually identical to the corresponding
contract or plan in effect with respect to Mid-Cap Growth Fund immediately prior
to the Closing Date. If approved, the Conversion Plan will take effect on the
Closing Date. If the Mid-Cap Growth Fund Conversion Plan is not approved,
Mid-Cap Growth Fund will continue to operate as a series of Counselor Series
Funds. Otherwise, Mid-Cap Growth Fund will be reorganized consistent with
shareholder approval.
REQUIRED VOTE. Approval of the Mid-Cap Growth Fund Conversion Plan requires the
affirmative vote of a majority of the outstanding securities of the Mid-Cap
Growth Fund as that term is defined in the 1940 Act.
THE BOARD UNANIMOUSLY RECOMMENDS THAT SHAREHOLDERS
OF MID-CAP GROWTH FUND VOTE "FOR" PROPOSAL 2.
INFORMATION CONCERNING ADVISOR,
DISTRIBUTOR AND AFFILIATED COMPANIES
INVESCO, a Delaware corporation, serves as the Funds' investment advisor and
provides other services to the Funds. INVESCO is a wholly owned subsidiary of
INVESCO North American Holdings, Inc. ("INAH"), 1315 Peachtree Street, N.E.,
Atlanta, Georgia 30309. INAH is an indirect wholly owned subsidiary of AMVESCAP
PLC.(1) The corporate headquarters of AMVESCAP PLC are located at 11 Devonshire
Square, London, EC2M 4YR, England. INVESCO's and IDI's offices are located at
4350 South Monaco Street, Denver, Colorado 80237. INVESCO currently serves as
investment advisor of 9 open-end investment companies having aggregate net
assets of approximately $25 billion as of April 30, 2002.
The principal executive officers and directors of INVESCO and their principal
occupations are:
Mark H. Williamson, Chairman of the Board and Chief Executive Officer, also
Chairman of the Board and Chief Executive Officer of IDI; Raymond R. Cunningham,
Director and President, also Director and President of IDI; Timothy J. Miller,
Chief Investment Officer, Director and Senior Vice President, also Director of
IDI; Ronald L. Grooms, Director, Senior Vice President and Treasurer, also
Director, Senior Vice President and Treasurer of IDI; Richard W. Healey,
Director and Senior Vice President, also Director and Senior Vice President of
IDI; Glen A. Payne, Senior Vice President, Secretary and General Counsel, also
Senior Vice President, Secretary and General Counsel of IDI; and William J.
Galvin Jr., Director, Senior Vice President, and Assistant Secretary, also
Director, Senior Vice President and Assistant Secretary of IDI.
The address of each of the foregoing officers and directors is 4350 South Monaco
Street, Denver, Colorado 80237.
----------------------------
(1) The intermediary companies between INAH and AMVESCAP PLC are as follows:
AVZ, Inc. and AMVESCAP Group Services, Inc., each of which is wholly owned by
its immediate parent.
ADMINISTRATIVE SERVICES AGREEMENT
Pursuant to an Administrative Services Agreement between the Counselor Series
Funds and INVESCO, INVESCO provides administrative services to the Counselor
Series Funds and the Funds, including sub-accounting and recordkeeping services
and functions. SEI Investments Mutual Fund Services acted as the administrator
of the Mid-Cap Growth Fund from April 1, 2001 to October 1, 2001. For the period
October 2, 2001 to April 30, 2002 (the Fund's fiscal year end), the Mid-Cap
Growth Fund paid INVESCO total compensation of $7,753 for administrative
services. For the period November 29, 2000 to August 31, 2001 (the Fund's fiscal
year end), the Global Growth Fund paid INVESCO total compensation of $8,213 for
administrative services.
TRANSFER AGENCY AGREEMENT
INVESCO serves as the Funds' transfer agent and dividend disbursing agent. DST
Systems, Inc. acted as the transfer agent to the Mid-Cap Growth Fund's
predecessor, the Pell Rudman Mid Cap Growth Portfolio, from its inception on
September 10, 1998 to October 1, 2001. UAM Shareholder Service Center, Inc.
served as shareholder servicing agent for the UAM Funds and the Pell Rudman Mid
Cap Growth Portfolio during the same period. For the period October 2, 2001 to
April 30, 2002 (the Fund's fiscal year end), the Mid-Cap Growth Fund paid
INVESCO total compensation of $24,588 for transfer agency services. For the
period November 29, 2000 to August 31, 2001 (the Fund's fiscal year end), the
Global Growth Fund paid INVESCO total compensation of $1,316 for transfer agency
services.
AVAILABLE INFORMATION
Each of the Global Growth Fund and the Mid-Cap Growth Fund is subject to the
information requirements of the Securities Exchange Act of 1934, as amended, and
the 1940 Act and in accordance with those requirements files reports, proxy
material and other information with the United States Securities and Exchange
Commission ("SEC"). These reports, proxy material and other information can be
inspected and copied at the Public Reference Room maintained by the SEC at 450
Fifth Street, N.W., Washington, D.C. 20549 and the Central Regional office of
the SEC, 1801 California Street, Suite 4800, Denver CO 80202-2648. Copies of
such material can also be obtained from the Public Reference Branch, Office of
Consumer Affairs and Information Services, SEC, Washington, D.C. 20459 at
prescribed rates.
OTHER BUSINESS
The Board knows of no other business to be brought before the Meeting. If,
however, any other matters properly come before the Meeting, it is the intention
that proxies that do not contain specific instructions to the contrary will be
voted on such matters in accordance with the judgment of the persons designated
in the proxies.
Counselor Series Funds does not hold annual meetings of shareholders.
Shareholders wishing to submit proposals for inclusion in a proxy statement and
form of proxy for a subsequent shareholders' meeting should send their written
proposals to the Secretary of Counselor Series Funds, 4350 South Monaco Street,
Denver, Colorado 80237. Counselor Series Funds has not received any shareholder
proposals to be presented at this Meeting. Timely submission of a proposal does
not guarantee its inclusion.
By order of the Board of Directors,
/s/ Glen A. Payne
-----------------
Glen A. Payne
Secretary
June 7, 2002
APPENDIX A
PRINCIPAL SHAREHOLDERS
The following table sets forth the beneficial ownership of each Fund's
outstanding equity securities as of May 21, 2002 by each beneficial owner of 5%
or more of a Fund's outstanding equity securities.
--------------------------------------------------------------------------------
INVESCO MID-CAP GROWTH FUND - INSTITUTIONAL CLASS
-------------------------------------------------
--------------------------------------------------------------------------------
Name of Amount of Beneficial Percent of Common
Beneficial Owner Ownership Stock
--------------------------------------------------------------------------------
Nat'l Financial Services Corp 55,755.5930 28.38%
The Exclusive Benefit of Cust
One World Financial Center
200 Liberty Street 5th Flr
Attn: Kate Recon
New York NY 10281-5500
--------------------------------------------------------------------------------
Pell Rudman Trust Company 39,839.6090 20.28%
100 Federal St Fl 37
Boston MA 02110-1802
--------------------------------------------------------------------------------
Charles Schwab & Co Inc 33,260.0560 16.93%
Special Custody Acct for the
Exclusive Benefit of Customers
Attn: Mutual Funds
101 Montgomery St
San Francisco CA 94104-4122
--------------------------------------------------------------------------------
Kenneburt & Co Cust 18,229.5460 9.28%
Expediter Omnibus C C Amsouth Bank
250 Riverchase Pkwy E Fl 5
Birmingham AL 35244-1832
--------------------------------------------------------------------------------
Bost & Co 12,811.1930 6.52%
A/C 10636000093
PO Box 534005
Pittsburgh PA 15253-4005
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
INVESCO MID-CAP GROWTH FUND - CLASS A
-------------------------------------
--------------------------------------------------------------------------------
Name and Address of Amount of Beneficial Percent of Common
Beneficial Owner Ownership Stock
--------------------------------------------------------------------------------
Charles Schwab & Co Inc 63,600.4480 32.59%
Special Custody Acct for the
Exclusive Benefit of Customers
Attn: Mutual Funds
101 Montgomery St
San Francisco CA 94104-4122
--------------------------------------------------------------------------------
Merrill Lynch 18,927.3960 9.70%
Security# 97846
4800 Deer Lake Drive East
Jacksonville FL 32246-6486
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
INVESCO MID-CAP GROWTH FUND - CLASS B
-------------------------------------
--------------------------------------------------------------------------------
Name and Address of Amount of Beneficial Percent of Common
Beneficial Owner Ownership Stock
--------------------------------------------------------------------------------
Merrill Lynch 16,939.8440 21.82%
Security#97MN6
4800 Deer Lake Drive East
Jacksonville FL 32246-6486
--------------------------------------------------------------------------------
RBC Dain Rauscher 5,479.8640 7.06%
Alexander J Jannicelli
18911 E Costilla Place
Aurora CO 80016-2167
--------------------------------------------------------------------------------
National Investor Services FBO 4,236.8240 5.46%
395-98675-10
55 Water Street, 32nd Floor
New York NY 10041-0028
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
INVESCO MID-CAP GROWTH FUND - CLASS C
-------------------------------------
--------------------------------------------------------------------------------
Name and Address of Amount of Beneficial Percent of Common
Beneficial Owner Ownership Stock
--------------------------------------------------------------------------------
Merrill Lynch 7,714.8400 15.37%
Security# 97ML6
4800 Deer Lake Dr East
Jacksonville FL 32246-6486
--------------------------------------------------------------------------------
AMVESCAP Natl TC Cust IRA 3,265.0700 6.50%
James R Lape
6792 Kern Dr
Cincinnati OH 45247-3386
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
INVESCO GLOBAL GROWTH FUND - CLASS A
------------------------------------
--------------------------------------------------------------------------------
Name and Address of Amount of Beneficial Percent of Common
Beneficial Owner Ownership Stock
--------------------------------------------------------------------------------
INVESCO Funds Group Inc 200,000.0000 79.99%
Attn: Sheila Wendland
PO Box 173706
Denver CO 80217-3706
--------------------------------------------------------------------------------
Painewebber for the Benefit of 13,812.6600 5.52%
Frederick Carl Ender Trustee
Frederick Carl Ender Trust
U/A DTD 10-27-98
706 Powhatan Dr
San Antonio TX 78230-4401
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
INVESCO GLOBAL GROWTH FUND - CLASS B
------------------------------------
--------------------------------------------------------------------------------
Name and Address of Amount of Beneficial Percent of Common
Beneficial Owner Ownership Stock
--------------------------------------------------------------------------------
Merrill Lynch 30,218.2060 76.92%
Security# 97850
4800 Deer Lake Drive East
Jacksonville FL 32246-6486
--------------------------------------------------------------------------------
American Enterprise Investment Svcs 2,191.7140 5.58%
FBO 183378991
P O Box 9446
Minneapolis MN 55440-9446
--------------------------------------------------------------------------------
Painewebber for the Benefit of 2,185.7920 5.56%
UBS Painwebber CDN FBO
Robin Sue Duggan
P O Box 3321
Weehawken NJ 07068-8154
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
INVESCO GLOBAL GROWTH FUND - CLASS C
------------------------------------
--------------------------------------------------------------------------------
Name and Address of Amount of Beneficial Percent of Common
Beneficial Owner Ownership Stock
--------------------------------------------------------------------------------
Donaldson Lufkin Jenrette 15,160.2400 24.80%
Securities Corporation Inc
P O Box 2052
Jersey City NJ 07303-2052
--------------------------------------------------------------------------------
Kent J Blanke 11,119.3840 18.19%
Lynn A Blanke JT WROS
PO Box 7547
Kirksville MO 63501-7547
--------------------------------------------------------------------------------
Donaldson Lufkin Jenrette 10,333.8500 16.90%
Securities Corporation Inc
P O Box 2052
Jersey City NJ 07303-2052
--------------------------------------------------------------------------------
Donaldson Lufkin Jenrette 9,598.6040 15.70%
Securities Corporation Inc
P O Box 2052
Jersey City NJ 07303-2052
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Marilynne R Hackley TTEE 3,234.6210 5.29%
Marilynne R Hackley Trust
DTD 10/3/2000
803 S 16th St
Blue Springs MO 64015
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APPENDIX B
FORM OF
AGREEMENT AND PLAN OF CONVERSION AND TERMINATION
(INVESCO GLOBAL GROWTH FUND & INVESCO MID-CAP GROWTH FUND)
This AGREEMENT AND PLAN OF CONVERSION AND TERMINATION ("Agreement") is made as
of _____, 2002, (1) between INVESCO Counselor Series Funds, Inc., a Maryland
corporation ("Counselor Series Funds"), on behalf of INVESCO Global Growth Fund,
a segregated portfolio of assets ("series") thereof (referred to herein as an
"Old Fund"), and INVESCO International Funds, Inc. ("International Funds"), on
behalf of its INVESCO Global Growth Fund series ("Global Growth Fund") (referred
to herein as a "New Fund"), and (2) between Counselor Series Funds, on behalf of
its INVESCO Mid-Cap Growth Fund series (also referred to herein as an "Old
Fund"), and INVESCO Stock Funds, Inc. ("Stock Funds"), a Maryland corporation,
on behalf of its INVESCO Mid-Cap Growth Fund series ("Mid-Cap Growth Fund")
(also referred to herein as a "New Fund"). (Each Old Fund and New Fund is
sometimes referred to herein individually as a "Fund" and collectively as the
"Funds"; Counselor Series Funds, International Funds, and Stock Funds are
sometimes referred to herein individually as an "Investment Company" and
collectively as the "Investment Companies"; and each of International Funds and
Stock Funds is sometimes referred to herein as a "New Fund Investment Company.")
All agreements, representations, actions, and obligations described herein made
or to be taken or undertaken by a Fund are made and shall be taken or undertaken
by Counselor Series Funds on behalf of each Old Fund, by International Funds on
behalf of Global Growth Fund, and by Stock Funds on behalf of Mid-Cap Growth
Fund.
The Investment Companies wish to effect two separate reorganizations within the
meaning of section 368(a)(1)(F) of the Internal Revenue Code of 1986, as amended
("Code"), and intend this Agreement to be, and adopt it as, a "plan of
reorganization" within the meaning of the regulations under section 368 of the
Code ("Regulations"). Each reorganization will involve an Old Fund's changing
its identity -- by converting from a series of Counselor Series Funds to a
series of a New Fund Investment Company -- by transferring all its assets to the
identically named New Fund (each of which is being established solely for the
purpose of acquiring such assets and continuing its transferor Old Fund's
business) in exchange solely for voting shares of common stock in such New Fund
("New Fund Shares") and such New Fund's assumption of such Old Fund's
liabilities, followed by the constructive distribution of those shares PRO RATA
to the holders of shares of common stock in such Old Fund ("Old Fund Shares") in
exchange therefor, all on the terms and conditions set forth in this Agreement.
(All such transactions involving an Old Fund and its transferee New Fund are
referred to herein as a "Reorganization.") For convenience, the balance of this
Agreement will refer only to a single Reorganization, one Old Fund, and one New
Fund (except that text below enclosed in single brackets shall apply only to the
Reorganization involving Global Growth Fund and its identically named Old Fund,
and text below enclosed in double brackets shall apply only to the
Reorganization involving Mid-Cap Growth Fund and its identically named Old
Fund), but the terms and conditions hereof shall apply separately to each
Reorganization. The consummation of one Reorganization shall not be contingent
on the consummation of the other Reorganization.
[The Old Fund Shares currently are divided into three classes, designated Class
A, Class B, and Class C shares] [[The Old Fund Shares currently are divided into
five classes, designated Class A, Class B, Class C, Institutional Class, and
Class K shares (though no shares of the latter class are outstanding as of the
date hereof)]] ("Class A Old Fund Shares," "Class B Old Fund Shares," [and]
"Class C Old Fund Shares," [["Institutional Class Old Fund Shares," and "Class K
Old Fund Shares,"]] respectively). [The New Fund Shares will be divided into
three classes, also designated Class A, Class B, and Class C shares] [[The New
Fund Shares will be divided into six classes, five of which also are designated
Class A, Class B, Class C, Institutional Class, and Class K shares]] ("Class A
New Fund Shares," "Class B New Fund Shares," [and] "Class C New Fund Shares,"
[["Institutional Class New Fund Shares," and "Class K New Fund Shares,"]]
respectively). Each class of New Fund Shares will be substantially similar to
the correspondingly designated class of Old Fund Shares.
In consideration of the mutual promises herein contained, the parties agree as
follows:
1. PLAN OF CONVERSION AND TERMINATION
1.1. Old Fund agrees to assign, sell, convey, transfer, and deliver all of
its assets described in paragraph 1.2 ("Assets") to New Fund. New Fund
agrees in exchange therefor --
(a) to issue and deliver to Old Fund the number of full and fractional
(i) Class A New Fund Shares equal to the number of full and fractional
Class A Old Fund Shares then outstanding, (ii) Class B New Fund Shares
equal to the number of full and fractional Class B Old Fund Shares
then outstanding, [and] (iii) Class C New Fund Shares equal to the
number of full and fractional Class C Old Fund Shares then
outstanding, [[(iv) Institutional Class New Fund Shares equal to the
number of full and fractional Institutional Class Old Fund Shares then
outstanding, and (v) Class K New Fund Shares equal to the number of
full and fractional Class K Old Fund Shares then outstanding, if any
(all fractional shares referred to in this paragraph and in paragraph
1.4 rounded to the third decimal place)]], and
(b) to assume all of Old Fund's liabilities described in paragraph 1.3
("Liabilities").
Such transactions shall take place at the Closing (as defined in
paragraph 2.1).
1.2. The Assets shall include, without limitation, all cash, cash
equivalents, securities, receivables (including interest and dividends
receivable), claims and rights of action, rights to register shares
under applicable securities laws, books and records, deferred and
prepaid expenses shown as assets on Old Fund's books, and other
property owned by Old Fund at the Effective Time (as defined in
paragraph 2.1).
1.3. The Liabilities shall include all of Old Fund's liabilities, debts,
obligations, and duties of whatever kind or nature, whether absolute,
accrued, contingent, or otherwise, whether or not arising in the
ordinary course of business, whether or not determinable at the
Effective Time, and whether or not specifically referred to in this
Agreement.
1.4. At the Closing, New Fund shall redeem the New Fund Share issued
pursuant to paragraph 4.4 for $1.00. At the Effective Time (or as soon
thereafter as is reasonably practicable), Old Fund shall distribute
the New Fund Shares it receives pursuant to paragraph 1.1 to its
shareholders of record, determined as of the Effective Time (each a
"Shareholder" and collectively "Shareholders"), in constructive
exchange for their Old Fund Shares. Such distribution shall be
accomplished by New Fund Investment Company's transfer agent's opening
accounts on New Fund's share transfer books in the Shareholders' names
and transferring such New Fund Shares thereto. Each Shareholder's
account shall be credited with the number of full and fractional New
Fund Shares due that Shareholder, by class (I.E., the account for a
Shareholder of Class A Old Fund Shares shall be credited with the
number of full and fractional Class A New Fund Shares equal to the
number of full and fractional Class A Old Fund Shares that Shareholder
held as of the Effective Time, the account for a Shareholder of Class
B Old Fund Shares shall be credited with the number of full and
fractional Class B New Fund Shares equal to the number of full and
fractional Class B Old Fund Shares that Shareholder held as of the
Effective Time, and so on). All outstanding Old Fund Shares, including
those represented by certificates, shall simultaneously be canceled on
Old Fund's share transfer books. New Fund shall not issue certificates
representing the New Fund Shares in connection with the
Reorganization.
1.5. As soon as reasonably practicable after distribution of the New Fund
Shares pursuant to paragraph 1.4, but in all events within six months
after the Effective Time, Old Fund shall be terminated as a series of
Counselor Series Funds and any further actions shall be taken in
connection therewith as required by applicable law.
1.6. Any reporting responsibility of Old Fund to a public authority is and
shall remain its responsibility up to and including the date on which
it is terminated.
1.7. Any transfer taxes payable on issuance of New Fund Shares in a name
other than that of the registered holder on Old Fund's books of the
Old Fund Shares constructively exchanged therefor shall be paid by the
transferor or the person to whom such New Fund Shares are to be
issued, as a condition of such transfer.
2. CLOSING AND EFFECTIVE TIME
2.1. The Reorganization, together with related acts necessary to consummate
the same ("Closing"), shall occur at the Investment Companies'
principal office on _________, 2002, or at such other place and/or on
such other date as to which the Investment Companies may agree. All
acts taking place at the Closing shall be deemed to take place
simultaneously as of the close of business on the date thereof or at
such other time as to which the Investment Companies may agree
("Effective Time").
2.2. Counselor Series Funds' fund accounting and pricing agent shall
deliver at the Closing a certificate of an authorized officer
verifying that the information (including adjusted basis and holding
period, by lot) concerning the Assets, including all portfolio
securities, transferred by Old Fund to New Fund, as reflected on New
Fund's books immediately following the Closing, does or will conform
to such information on Old Fund's books immediately before the
Closing. Counselor Series Funds' custodian shall deliver at the
Closing a certificate of an authorized officer stating that (a) the
Assets held by the custodian will be transferred to New Fund at the
Effective Time and (b) all necessary taxes in conjunction with the
delivery of the Assets, including all applicable federal and state
stock transfer stamps, if any, have been paid or provision for payment
has been made.
2.3. At the Closing, (a) Counselor Series Funds' transfer agent shall
deliver to New Fund Investment Company a list of the names and
addresses of the Shareholders and the number of outstanding Old Fund
Shares each Shareholder owns, all as of the Effective Time, certified
by an authorized officer of such transfer agent, (b) New Fund
Investment Company's transfer agent shall deliver a certificate as to
the opening on New Fund's share transfer books of accounts in the
Shareholders' names, (c) New Fund Investment Company shall issue and
deliver a confirmation to Counselor Series Funds evidencing the New
Fund Shares to be credited to Old Fund at the Effective Time or
provide evidence satisfactory to Counselor Series Funds that such New
Fund Shares have been credited to Old Fund's account on such books,
and (d) each Investment Company shall deliver to the other such bills
of sale, checks, assignments, stock certificates, receipts, or other
documents as the other Investment Company or its counsel may
reasonably request.
2.4. Each Investment Company shall deliver to the other at the Closing a
certificate executed in its name by its President or a Vice President
in form and substance satisfactory to the recipient and dated the
Effective Time, to the effect that the representations and warranties
it made in this Agreement are true and correct at the Effective Time
except as they may be affected by the transactions contemplated by
this Agreement.
3. REPRESENTATIONS AND WARRANTIES
3.1. Counselor Series Funds represents and warrants to New Fund Investment
Company as follows:
3.1.1. Counselor Series Funds is a corporation duly organized,
validly existing, and in good standing under the laws of the
State of Maryland; and its Articles of Incorporation are on
file with the Department of Assessments and Taxation of
Maryland;
3.1.2. Counselor Series Funds is duly registered as an open-end
management investment company under the Investment Company
Act of 1940, as amended ("1940 Act"), and such registration
is in full force and effect;
3.1.3. Old Fund is a duly established and designated series of
Counselor Series Funds;
3.1.4. At the Closing, Old Fund will have good and marketable title
to the Assets and full right, power, and authority to sell,
assign, transfer, and deliver the Assets free of any liens
or other encumbrances (except securities that are subject to
"securities loans" as referred to in section 851(b)(2) of
the Code); and on delivery and payment for the Assets, New
Fund will acquire good and marketable title thereto;
3.1.5. New Fund Shares are not being acquired for the purpose of
making any distribution thereof, other than in accordance
with the terms hereof;
3.1.6. Old Fund is a "fund" as defined in section 851(g)(2) of the
Code; it qualified for treatment as a regulated investment
company under Subchapter M of the Code ("RIC") for each past
taxable year since it commenced operations and will continue
to meet all the requirements for such qualification for its
current taxable year; the Assets will be invested at all
times through the Effective Time in a manner that ensures
compliance with the foregoing; and Old Fund has no earnings
and profits accumulated in any taxable year in which the
provisions of Subchapter M did not apply to it;
3.1.7. The Liabilities were incurred by Old Fund in the ordinary
course of its business and are associated with the Assets;
3.1.8. Old Fund is not under the jurisdiction of a court in a
"Title 11 or similar case" (as defined in section
368(a)(3)(A) of the Code);
3.1.9. Not more than 25% of the value of Old Fund's total assets
(excluding cash, cash items, and U.S. government securities)
is invested in the stock and securities of any one issuer,
and not more than 50% of the value of such assets is
invested in the stock and securities of five or fewer
issuers;
3.1.10. As of the Effective Time, Old Fund will not have outstanding
any warrants, options, convertible securities, or any other
type of rights pursuant to which any person could acquire
Old Fund Shares; and
3.1.11. During the five-year period ending at the Effective Time,
(a) neither Old Fund nor any person "related" (within the
meaning of section 1.368-1(e)(3) of the Regulations) to it
will have acquired Old Fund Shares, either directly or
through any transaction, agreement, or arrangement with any
other person, with consideration other than New Fund Shares
or Old Fund Shares, except for shares redeemed in the
ordinary course of Old Fund's business as a series of an
open-end investment company as required by section 22(e) of
the 1940 Act, and (b) no distributions will have been made
with respect to Old Fund Shares, other than normal, regular
dividend distributions made pursuant to Old Fund's historic
dividend-paying practice and other distributions that
qualify for the deduction for dividends paid (within the
meaning of section 561 of the Code) referred to in sections
852(a)(1) and 4982(c)(1)(A) of the Code.
3.2. New Fund Investment Company represents and warrants to Counselor
Series Funds as follows:
3.2.1. New Fund Investment Company is a corporation duly organized,
validly existing, and in good standing under the laws of the
State of Maryland; and its Articles of Incorporation are on
file with the Department of Assessments and Taxation of
Maryland;
3.2.2. New Fund Investment Company is duly registered as an
open-end management investment company under the 1940 Act,
and such registration is in full force and effect;
3.2.3. Before the Effective Time, New Fund will be a duly
established and designated series of New Fund Investment
Company;
3.2.4. New Fund has not commenced operations and will not do so
until after the Closing;
3.2.5. Prior to the Effective Time, there will be no issued and
outstanding shares in New Fund or any other securities
issued by New Fund, except as provided in paragraph 4.4;
3.2.6. No consideration other than New Fund Shares (and New Fund's
assumption of the Liabilities) will be issued in exchange
for the Assets in the Reorganization;
3.2.7. The New Fund Shares to be issued and delivered to Old Fund
hereunder will, at the Effective Time, have been duly
authorized and, when issued and delivered as provided
herein, will be duly and validly issued and outstanding
shares of New Fund, fully paid and non-assessable;
3.2.8. New Fund will be a "fund" as defined in section 851(g)(2) of
the Code and will qualify for treatment as a RIC for its
taxable year in which the Reorganization occurs; and it
intends to continue to meet all such requirements for the
next taxable year;
3.2.9. New Fund has no plan or intention to issue additional New
Fund Shares following the Reorganization except for shares
issued in the ordinary course of its business as a series of
an open-end investment company; nor does New Fund, or any
person "related" (within the meaning of section
1.368-1(e)(3) of the Regulations) to it, have any plan or
intention to acquire -- during the five-year period
beginning at the Effective Time, either directly or through
any transaction, agreement, or arrangement with any other
person -- with consideration other than New Fund Shares, any
New Fund Shares issued to the Shareholders pursuant to the
Reorganization, except for redemptions in the ordinary
course of New Fund's business as a series of an open-end
investment company as required by section 22(e) of the 1940
Act;
3.2.10. Following the Reorganization, New Fund (a) will continue Old
Fund's "historic business" (within the meaning of section
1.368-1(d)(2) of the Regulations), and (b) will use a
significant portion of Old Fund's "historic business assets"
(within the meaning of section 1.368-1(d)(3) of the
Regulations) in a business; moreover, New Fund (c) has no
plan or intention to sell or otherwise dispose of any of the
Assets, except for dispositions made in the ordinary course
of that business and dispositions necessary to maintain its
status as a RIC, and (d) expects to retain substantially all
the Assets in the same form as it receives them in the
Reorganization, unless and until subsequent investment
circumstances suggest the desirability of change or it
becomes necessary to make dispositions thereof to maintain
such status;
3.2.11. There is no plan or intention for New Fund to be dissolved
or merged into another corporation or a business trust or
any "fund" thereof (as defined in section 851(g)(2) of the
Code) following the Reorganization; and
3.2.12. Immediately after the Reorganization, (a) not more than 25%
of the value of New Fund's total assets (excluding cash,
cash items, and U.S. government securities) will be invested
in the stock and securities of any one issuer and (b) not
more than 50% of the value of such assets will be invested
in the stock and securities of five or fewer issuers.
3.3. Each Investment Company represents and warrants to the other as
follows:
3.3.1. The fair market value of the New Fund Shares each
Shareholder receives will be approximately equal to the fair
market value of its Old Fund Shares it constructively
surrenders in exchange therefor;
3.3.2. Its management (a) is unaware of any plan or intention of
Shareholders to redeem, sell, or otherwise dispose of (i)
any portion of their Old Fund Shares before the
Reorganization to any person "related" (within the meaning
of section 1.368-1(e)(3) of the Regulations) to either Fund
or (ii) any portion of the New Fund Shares they receive in
the Reorganization to any person "related" (within such
meaning) to New Fund, (b) does not anticipate dispositions
of those New Fund Shares at the time of or soon after the
Reorganization to exceed the usual rate and frequency of
dispositions of shares of Old Fund as a series of an
open-end investment company, (c) expects that the percentage
of Shareholder interests, if any, that will be disposed of
as a result of or at the time of the Reorganization will be
DE MINIMIS, and (d) does not anticipate that there will be
extraordinary redemptions of New Fund Shares immediately
following the Reorganization;
3.3.3. The Shareholders will pay their own expenses, if any,
incurred in connection with the Reorganization;
3.3.4. Immediately following consummation of the Reorganization,
the Shareholders will own all the New Fund Shares and will
own such shares solely by reason of their ownership of Old
Fund Shares immediately before the Reorganization;
3.3.5. Immediately following consummation of the Reorganization,
New Fund will hold the same assets -- except for assets used
to pay expenses incurred in connection with the
Reorganization -- and be subject to the same liabilities
that Old Fund held or was subject to immediately prior to
the Reorganization, plus any liabilities for the Investment
Companies' expenses incurred in connection with the
Reorganization. Such excepted assets, together with the
amount of all redemptions and distributions (other than
regular, normal dividends) made by Old Fund immediately
preceding the Reorganization, will, in the aggregate,
constitute less than 1% of its net assets;
3.3.6. None of the compensation received by any Shareholder who is
an employee of or service provider to Old Fund will be
separate consideration for, or allocable to, any of the Old
Fund Shares such Shareholder holds; none of the New Fund
Shares any such Shareholder receives will be separate
consideration for, or allocable to, any employment
agreement, investment advisory agreement, or other service
agreement; and the consideration paid to any such
Shareholder will be for services actually rendered and will
be commensurate with amounts paid to third parties
bargaining at arm's-length for similar services;
3.3.7 The fair market value of the Assets on a going concern basis
will equal or exceed the sum of the Liabilities to be
assumed by New Fund and those to which the Assets are
subject;
3.3.8. Neither Fund will be reimbursed for any expenses incurred by
it or on its behalf in connection with the Reorganization
unless those expenses are solely and directly related to the
Reorganization (determined in accordance with the guidelines
set forth in Rev. Rul. 73-54, 1973-1 C.B. 187)
("Reorganization Expenses"); and
3.3.9 The aggregate value of the acquisitions, redemptions, and
distributions limited by paragraphs 3.1.11 and 3.2.9 will
not exceed 50% of the value (without giving effect to such
acquisitions, redemptions, and distributions) of the
proprietary interest in Old Fund at the Effective Time.
4. CONDITIONS PRECEDENT
Each Investment Company's obligations hereunder shall be subject to (a)
performance by the other Investment Company of all its obligations to be
performed hereunder at or before the Effective Time, (b) all representations and
warranties of the other Investment Company contained herein being true and
correct in all material respects as of the date hereof and, except as they may
be affected by the transactions contemplated hereby, as of the Effective Time,
with the same force and effect as if made on and as of the Effective Time, and
(c) the further conditions that, at or before the Effective Time:
4.1. This Agreement and the transactions contemplated hereby shall have
been duly adopted and approved by each Investment Company's board of
directors and shall have been approved by Old Fund's shareholders in
accordance with Counselor Series Funds' Articles of Incorporation and
By-Laws and applicable law;
4.2. All necessary filings shall have been made with the Securities and
Exchange Commission ("SEC") and state securities authorities, and no
order or directive shall have been received that any other or further
action is required to permit the Investment Companies to carry out the
transactions contemplated hereby. The registration statement on Form
N-1A relating to the New Fund Shares issuable hereunder filed by New
Fund Investment Company, and any supplement or amendment thereto
("Registration Statement"), shall have become effective under the
Securities Act of 1933, as amended ("1933 Act"), no stop orders
suspending the effectiveness thereof shall have been issued, and the
SEC shall not have issued an unfavorable report with respect to the
Reorganization under section 25(b) of the 1940 Act nor instituted any
proceedings seeking to enjoin consummation of the transactions
contemplated hereby under section 25(c) of the 1940 Act. All consents,
orders, and permits of federal, state, and local regulatory
authorities (including the SEC and state securities authorities)
deemed necessary by either Investment Company to permit consummation,
in all material respects, of the transactions contemplated hereby
shall have been obtained, except where failure to obtain same would
not involve a risk of a material adverse effect on Old Fund's assets
or properties, provided that either Investment Company may for itself
waive any of such conditions;
4.3 Each Investment Company shall have received an opinion of Kirkpatrick
& Lockhart LLP ("Counsel"), addressed to and in form and substance
reasonably satisfactory to it, as to the federal income tax
consequences mentioned below ("Tax Opinion"). In rendering the Tax
Opinion, Counsel may rely as to factual matters, exclusively and
without independent verification, on the representations made in this
Agreement, which Counsel may treat as representations made to it, and
in separate letters addressed to Counsel and the certificates
delivered pursuant to paragraph 2.4. The Tax Opinion shall be
substantially to the effect that, based on the facts and assumptions
stated therein and conditioned on consummation of the Reorganization
in accordance with this Agreement, for federal income tax purposes:
4.3.1. New Fund's acquisition of the Assets in exchange solely for
New Fund Shares and New Fund's assumption of the
Liabilities, followed by Old Fund's distribution of those
shares PRO RATA to the Shareholders constructively in
exchange for their Old Fund Shares, will qualify as a
"reorganization" as defined in section 368(a)(1)(F) of the
Code, and each Fund will be "a party to a reorganization"
within the meaning of section 368(b) of the Code;
4.3.2. Old Fund will recognize no gain or loss on the transfer to
New Fund of the Assets in exchange solely for New Fund
Shares and New Fund's assumption of the Liabilities or on
the subsequent distribution of those shares to the
Shareholders in constructive exchange for their Old Fund
Shares;
4.3.3. New Fund will recognize no gain or loss on its receipt of
the Assets in exchange solely for New Fund Shares and its
assumption of the Liabilities;
4.3.4. New Fund's basis in the Assets will be the same as Old
Fund's basis therein immediately before the Reorganization,
and New Fund's holding period for the Assets will include
Old Fund's holding period therefor;
4.3.5. A Shareholder will recognize no gain or loss on the
constructive exchange of all its Old Fund Shares solely for
New Fund Shares pursuant to the Reorganization;
4.3.6. A Shareholder's aggregate basis in the New Fund Shares it
receives in the Reorganization will be the same as the
aggregate basis in its Old Fund Shares it constructively
surrenders in exchange for those New Fund Shares, and its
holding period for those New Fund Shares will include its
holding period for those Old Fund Shares, provided the
Shareholder held them as capital assets at the Effective
Time; and
4.3.7. For purposes of section 381 of the Code, New Fund will be
treated as if there had been no Reorganization. Accordingly,
the Reorganization will not result in the termination of Old
Fund's taxable year, Old Fund's tax attributes enumerated in
section 381(c) of the Code will be taken into account by New
Fund as if there had been no Reorganization, and the part of
Old Fund's taxable year before the Reorganization will be
included in New Fund's taxable year after the
Reorganization;
Notwithstanding subparagraphs 4.3.2 and 4.3.4, the Tax Opinion may
state that no opinion is expressed as to the effect of the
Reorganization on the Funds or any Shareholder with respect to any
Asset as to which any unrealized gain or loss is required to be
recognized for federal income tax purposes at the end of a taxable
year (or on the termination or transfer thereof) under a
mark-to-market system of accounting.
4.4. Prior to the Closing, New Fund Investment Company's directors shall
have authorized the issuance of, and New Fund shall have issued, one
New Fund Share to Counselor Series Funds or an affiliate thereof in
consideration of the payment of $1.00 to vote on the management
contract referred to in paragraph 4.5;
4.5. New Fund Investment Company (on behalf of and with respect to New
Fund) shall have entered into a management contract, Master
Distribution Plan and Agreements pursuant to Rule 12b-1 under the 1940
Act, and other agreements necessary for New Fund's operation as a
series of an open-end investment company. Each such contract, plan,
and agreement shall have been approved by New Fund Investment
Company's directors and, to the extent required by law (as interpreted
by SEC staff positions), by such of those directors who are not
"interested persons" (as defined in the 1940 Act) thereof and by
Counselor Series Funds or its affiliate as the sole shareholder of New
Fund; and
4.6 At the Effective Time, no action, suit, or other proceeding shall be
pending before any court or governmental agency in which it is sought
to restrain or prohibit, or to obtain damages or other relief in
connection with, the transactions contemplated hereby.
At any time before the Closing, either Investment Company may waive any of the
foregoing conditions (except that set forth in paragraph 4.1) if, in the
judgment of its board of directors, such waiver will not have a material adverse
effect on its Fund's shareholders' interests.
5. COVENANTS
5.1 Counselor Series Funds covenants to operate Old Fund's business in the
ordinary course between the date hereof and the Closing, it being
understood that -
(a) such ordinary course will include declaring and paying customary
dividends and other distributions and changes in operations
contemplated by Old Fund's normal business activities and
(b) Old Fund will retain exclusive control of the composition of its
portfolio until the Closing; provided that Old Fund shall not
dispose of more than an insignificant portion of its historic
business assets (as defined above) during that period without New
Fund Investment Company's prior consent.
5.2 Counselor Series Funds covenants to call a meeting of Old Fund's
shareholders to consider and act on this Agreement.
5.3 Counselor Series Funds covenants that it will assist New Fund
Investment Company in obtaining information the latter reasonably
requests concerning the beneficial ownership of Old Fund Shares.
5.4 Counselor Series Funds covenants that Old Fund's books and records
(including all books and records required to be maintained under the
1940 Act and the rules and regulations thereunder) will be turned over
to New Fund Investment Company at the Closing.
5.5 Each Investment Company covenants that it will, from time to time, as
and when requested by the other Investment Company, execute and
deliver or cause to be executed and delivered all assignments and
other instruments, and will take or cause to be taken all further
action, the other Investment Company may deem necessary or desirable
in order to vest in, and confirm to, (a) New Fund, title to and
possession of all the Assets, and (b) Old Fund, title to and
possession of the New Fund Shares to be delivered hereunder, and
otherwise to carry out the intent and purpose hereof.
5.6 New Fund Investment Company covenants to use all reasonable efforts to
obtain the approvals and authorizations required by the 1933 Act, the
1940 Act, and state securities laws it deems appropriate to conduct
operations after the Effective Time.
5.7 Subject to this Agreement, each Investment Company covenants to take
or cause to be taken all actions, and to do or cause to be done all
things, reasonably necessary, proper, or advisable to consummate and
effectuate the transactions contemplated hereby.
6. BROKERAGE FEES AND EXPENSES
6.1 Each Investment Company represents and warrants to the other that
there are no brokers or finders entitled to receive any payments in
connection with the transactions provided for herein.
6.2 Except as otherwise provided herein, 50% of the total Reorganization
Expenses will be borne by INVESCO Funds Group, Inc. and the remaining
50% will be borne one-half by each Fund.
7. ENTIRE AGREEMENT; NO SURVIVAL
Neither Investment Company has made any representation, warranty, or covenant
not set forth herein, and this Agreement constitutes the entire agreement
between the Investment Companies. The representations, warranties, and covenants
contained herein or in any document delivered pursuant hereto or in connection
herewith shall not survive the Closing.
8. TERMINATION
This Agreement may be terminated at any time at or prior to the Effective Time,
whether before or after approval by Old Fund's shareholders:
8.1. By either Investment Company (a) in the event of the other Investment
Company's material breach of any representation, warranty, or covenant
contained herein to be performed at or prior to the Effective Time,
(b) if a condition to its obligations has not been met and it
reasonably appears that such condition will not or cannot be met by
the date set forth in the next clause, or (c) if the Closing has not
occurred on or before December 31, 2002; or
8.2. By the Investment Companies' mutual agreement.
In the event of termination under paragraphs 8.1(c) or 8.2, there shall be no
liability for damages on the part of either Investment Company, or its directors
or officers, to the other Investment Company.
9. AMENDMENT
This Agreement may be amended, modified, or supplemented at any time,
notwithstanding approval thereof by Old Fund's shareholders, in any manner
mutually agreed on in writing by the Investment Companies; provided that
following such approval no such amendment, modification, or supplement shall
have a material adverse effect on the Shareholders' interests.
10. MISCELLANEOUS
10.1. This Agreement shall be governed by and construed in accordance
with the internal laws of the State of Maryland; provided that,
in the case of any conflict between such laws and the federal
securities laws, the latter shall govern.
10.2. Nothing expressed or implied herein is intended or shall be
construed to confer upon or give any person, firm, trust, or
corporation other than the Investment Companies and their
respective successors and assigns any rights or remedies under or
by reason of this Agreement.
10.3 Counselor Series Funds agrees that, in asserting any rights or
claims under this Agreement on behalf of Old Fund, it shall look
only to New Fund's assets and property in settlement of all
rights and claims and not to New Fund Investment Company's
directors or officers or New Fund's shareholders. New Fund
Investment Company agrees that, in asserting any rights or claims
under this Agreement on behalf of New Fund, it shall look only to
Old Fund's assets and property in settlement of all rights and
claims and not to Counselor Series Funds' directors or officers
or Old Fund's shareholders.
10.4. This Agreement may be executed in one or more counterparts, all
of which shall be considered one and the same agreement, and
shall become effective when one or more counterparts have been
executed by each Investment Company and delivered to the other
Investment Company. The headings contained in this Agreement are
for reference purposes only and shall not affect in any way the
meaning or interpretation of this Agreement.
IN WITNESS WHEREOF, each Investment Company has caused this Agreement to be
executed and delivered by its duly authorized officers as of the day and year
first written above.
INVESCO COUNSELORS SERIES FUNDS, INC.,
on behalf of Old Fund
By: _______________________________
ATTEST:
_________________________
[INVESCO INTERNATIONAL FUNDS, INC.
INVESCO STOCK FUNDS, INC.],
on behalf of New Fund
By: ____________________________________
ATTEST:
_________________________
INVESCO COUNSELOR SERIES FUNDS, INC.
INVESCO GLOBAL GROWTH FUND
PROXY FOR A SPECIAL MEETING OF SHAREHOLDERS
JULY 18, 2002
This proxy is being solicited on behalf of the Board of Directors of INVESCO
Counselor Series Funds, Inc. (the "Company"). The undersigned hereby appoints as
proxies Glen A. Payne, Fred A. Deering and Mark H. Williamson, and each of them
(with power of substitution), to vote all shares of common stock of the
undersigned in the Company at the Special Meeting of Shareholders to be held at
10:00 a.m., Mountain Time, on July 18, 2002 at the offices of the Company, 4350
South Monaco Street, Denver, Colorado 80237, and any adjournment thereof
("Meeting"), with all the power the undersigned would have if personally
present.
The shares represented by this proxy will be voted as instructed. Unless
indicated to the contrary, this proxy shall be deemed to grant authority to vote
"FOR" the proposal relating to the Company, with discretionary power to vote
upon such other business as may properly come before the Meeting.
VOTE VIA FACSIMILE: 1-888-796-9932
VOTE VIA THE INTERNET: https://vote.proxy-direct.com
VOTE VIA THE TELEPHONE: 1-866-606-0466
CONTROL NUMBER: 999 9999 9999 999
NOTE: Please sign exactly as name appears hereon.
If stock is held in the name of joint owners, each
should sign. Attorneys-in-fact, executors,
administrators, etc. should so indicate. If
shareholder is a corporation or partnership, please
sign in full corporate or partnership name by
authorized person.
----------------------------------------------------
Signature
----------------------------------------------------
Signature (Joint Owners)
----------------------------------------------------
Date
YOUR VOTE IS IMPORTANT. IF YOU ARE NOT VOTING BY PHONE, FACSIMILE, OR INTERNET,
PLEASE SIGN AND DATE THIS PROXY AND RETURN IT PROMPTLY IN THE ENCLOSED ENVELOPE.
INVESCO COUNSELOR SERIES FUNDS, INC.
INVESCO GLOBAL GROWTH FUND
TO VOTE, MARK BLOCKS BELOW IN BLUE OR BLACK INK. EXAMPLE:
FOR AGAINST ABSTAIN
VOTE ON PROPOSAL
1. To approve an Agreement and Plan of Conversion [ ] [ ] [ ]
and Termination providing for the conversion of
the INVESCO Global Growth Fund from a separate
series of INVESCO Counselor Series Funds, Inc.
to a separate series of INVESCO International
Funds, Inc.
YOUR VOTE IS IMPORTANT. IF YOU ARE NOT VOTING BY PHONE, FACSIMILE, OR INTERNET,
PLEASE SIGN AND DATE THIS PROXY ON THE REVERSE SIDE AND RETURN IT PROMPTLY IN
THE ENCLOSED ENVELOPE.
INVESCO COUNSELOR SERIES FUNDS
INVESCO MID-CAP GROWTH FUND
PROXY FOR A SPECIAL MEETING OF SHAREHOLDERS
JULY 18, 2002
This proxy is being solicited on behalf of the Board of Directors of INVESCO
Counselor Series Funds, Inc. (the "Company"). The undersigned hereby appoints as
proxies Glen A. Payne, Fred A. Deering and Mark H. Williamson, and each of them
(with power of substitution), to vote all shares of common stock of the
undersigned in the Company at the Special Meeting of Shareholders to be held at
10:00 a.m., Mountain Time, on July 18, 2002 at the offices of the Company, 4350
South Monaco Street, Denver, Colorado 80237, and any adjournment thereof
("Meeting"), with all the power the undersigned would have if personally
present.
The shares represented by this proxy will be voted as instructed. Unless
indicated to the contrary, this proxy shall be deemed to grant authority to vote
"FOR" the proposal relating to the Company, with discretionary power to vote
upon such other business as may properly come before the Meeting.
VOTE VIA FACSIMILE: 1-888-796-9932
VOTE VIA THE INTERNET: https://vote.proxy-direct.com
VOTE VIA THE TELEPHONE: 1-866-606-0466
CONTROL NUMBER: 999 9999 9999 999
NOTE: Please sign exactly as name appears hereon.
If stock is held in the name of joint owners, each
should sign. Attorneys-in-fact, executors,
administrators, etc. should so indicate. If
shareholder is a corporation or partnership, please
sign in full corporate or partnership name by
authorized person.
----------------------------------------------------
Signature
----------------------------------------------------
Signature (Joint Owners)
----------------------------------------------------
Date
YOUR VOTE IS IMPORTANT. IF YOU ARE NOT VOTING BY PHONE, FACSIMILE, OR INTERNET,
PLEASE SIGN AND DATE THIS PROXY AND RETURN IT PROMPTLY IN THE ENCLOSED ENVELOPE.
INVESCO COUNSELOR SERIES FUNDS, INC.
INVESCO MID-CAP GROWTH FUND
TO VOTE, MARK BLOCKS BELOW IN BLUE OR BLACK INK. EXAMPLE:
FOR AGAINST ABSTAIN
VOTE ON PROPOSAL
2. To approve an Agreement and Plan of Conversion [ ] [ ] [ ]
and Termination providing for the conversion of
the INVESCO Mid-Cap Growth Fund from a separate
series of INVESCO Counselor Series Funds, Inc.
to a separate series of INVESCO Stock Funds, Inc.
YOUR VOTE IS IMPORTANT. IF YOU ARE NOT VOTING BY PHONE, FACSIMILE, OR INTERNET,
PLEASE SIGN AND DATE THIS PROXY ON THE REVERSE SIDE AND RETURN IT PROMPTLY IN
THE ENCLOSED ENVELOPE.