Common use of Foreign Exchange Clause in Contracts

Foreign Exchange. (a) Upon the receipt of Proper Instructions, the Custodian, its agents or its sub-custodian may (but shall not be obligated to) enter into all types of contracts for foreign exchange on behalf of the Company, upon terms acceptable to the Custodian and the Company (in each case at the Company’s expense), including transactions entered into with the Custodian, its sub-custodian or any affiliates of the Custodian or the sub-custodian. The Custodian shall have no liability for any losses incurred in or resulting from the rates obtained in such foreign exchange transactions; and absent specific Proper Instructions, the Custodian shall not be deemed to have any duty to carry out any foreign exchange on behalf of the Company. The Custodian shall be entitled at all times to comply with any legal or regulatory requirements applicable to currency or foreign exchange transactions.

Appears in 27 contracts

Samples: Custody Agreement (BC Partners Lending Corp), Custody Agreement (VII Peaks Co-Optivist Income Fund), Custody Agreement (Capital Southwest Corp)

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Foreign Exchange. (a) Upon the receipt of Proper Instructions, the Custodian, its agents or its sub-custodian may (but shall not be obligated to) enter into all types of contracts for foreign exchange on behalf of the Company, upon terms acceptable to the Custodian and the Company (in each case at the Company’s expense), including transactions entered into with the Custodian, its sub-custodian or any affiliates of the Custodian or the sub-custodian. The Custodian shall have no liability for any losses incurred in or resulting from the rates obtained in such foreign exchange transactions; and absent specific and acceptable Proper Instructions, the Custodian shall not be deemed to have any duty to carry out any foreign exchange on behalf of the Company. The Custodian shall be entitled at all times to comply with any legal or regulatory requirements applicable to currency or foreign exchange transactions.

Appears in 21 contracts

Samples: Custody Agreement (Bain Capital Private Credit), Custody Agreement (Apollo Senior Floating Rate Fund Inc.), Custody Agreement (MSD Investment Corp.)

Foreign Exchange. (a) Upon the receipt of Proper Instructions, the Custodian, its agents or its sub-custodian custodians may (but shall not be obligated to) enter into all types of contracts for foreign exchange on behalf of the Company, upon terms acceptable to the Custodian and the Company (in each case at the Company’s expense), including transactions entered into with the Custodian, its sub-custodian custodians or any affiliates of the Custodian or the sub-custodiancustodians. The Custodian shall have no liability for any losses incurred in or resulting from the rates obtained in such foreign exchange transactions; and absent specific and acceptable Proper Instructions, the Custodian shall not be deemed to have any duty to carry out any foreign exchange on behalf of the Company. The Custodian shall be entitled at all times to comply with any legal or regulatory requirements applicable to currency or foreign exchange transactions.

Appears in 10 contracts

Samples: Custody Agreement (Nuveen Churchill Private Capital Income Fund), Custody Agreement (Golub Capital BDC 4 LLC), Custody Agreement (Panagram Capital, LLC)

Foreign Exchange. (a) Upon the receipt of Proper Instructions, the Custodian, its agents or its subSub-custodian Custodian may (but shall not be obligated to) enter into all types of contracts for foreign exchange on behalf of the Company, upon terms acceptable to the Custodian and the Company (in each case at the relevant Company’s expense), including transactions entered into with the Custodian, its subSub-custodian Custodian or any affiliates of the Custodian or the subSub-custodianCustodian. The Custodian shall have no liability for any losses incurred in or resulting from the rates obtained in such foreign exchange transactions; and absent specific and acceptable Proper Instructions, the Custodian shall not be deemed to have any duty to carry out any foreign exchange on behalf of the Company. The Custodian shall be entitled at all times to comply with any legal or regulatory requirements applicable to currency or foreign exchange transactions.

Appears in 5 contracts

Samples: Custody Agreement (HPS Corporate Lending Fund), Custody Agreement (HPS Corporate Lending Fund), Custody Agreement (Lafayette Square Gulf Coast BDC, LLC)

Foreign Exchange. (a) Upon the receipt of Proper Instructions, the Custodian, its agents or its subSub-custodian Custodian may (but shall not be obligated to) enter into all types of contracts for foreign exchange on behalf of the Company, upon terms acceptable to the Custodian and the Company (in each case at the Company’s expense), including transactions entered into with the Custodian, its subSub-custodian Custodian or any affiliates of the Custodian or the subSub-custodianCustodian. The Custodian shall have no liability for any losses incurred in or resulting from the rates obtained in such foreign exchange transactions; and absent specific and acceptable Proper Instructions, the Custodian shall not be deemed to have any duty to carry out any foreign exchange on behalf of the Company. The Custodian shall be entitled at all times to comply with any legal or regulatory requirements applicable to currency or foreign exchange transactions.

Appears in 4 contracts

Samples: Custody Agreement (Antares Strategic Credit Fund), Custody Agreement (Prospect Floating Rate & Alternative Income Fund, Inc.), Custody Agreement (Ares Strategic Income Fund)

Foreign Exchange. (a) Upon the receipt of Proper Instructions, the Custodian, its agents or its sub-sub- custodian may (but shall not be obligated to) enter into all types of contracts for foreign exchange on behalf of the Company, upon terms acceptable to the Custodian and the Company (in each case at the Company’s expense), including transactions entered into with the Custodian, its sub-custodian or any affiliates of the Custodian or the sub-custodian. The Custodian shall have no liability for any losses incurred in or resulting from the rates obtained in such foreign exchange transactions; and absent specific Proper Instructions, the Custodian shall not be deemed to have any duty to carry out any foreign exchange on behalf of the Company. The Custodian shall be entitled at all times to comply with any legal or regulatory requirements applicable to currency or foreign exchange transactions.

Appears in 3 contracts

Samples: Custody Agreement (OFS Capital Corp), Custody Agreement (OFS Credit Company, Inc.), Custody Agreement (GSV Growth Credit Fund Inc.)

Foreign Exchange. (a) Upon the receipt of Proper Instructions, the Custodian, its agents or its sub-custodian may (but shall not be obligated to) enter into all types of contracts for foreign exchange on behalf of the Company, upon terms acceptable to the Custodian and the Company (in each case at the Company’s expense), including transactions entered into with the Custodian, its sub-custodian or any affiliates of the Custodian or the sub-custodian. The Custodian shall have no liability for any losses incurred in or resulting from the rates obtained in such foreign exchange transactions; and absent specific Proper Instructions, the Custodian shall not be deemed to have any duty to carry out any foreign exchange on behalf of the Company. The Custodian shall be entitled at all times to comply with any legal or regulatory requirements applicable to currency or foreign exchange transactions.the

Appears in 3 contracts

Samples: Custody Agreement (New Mountain Finance Holdings, L.L.C.), Custody Agreement (Prospect Capital Corp), Custody Agreement (Prospect Capital Corp)

Foreign Exchange. (a) Upon the receipt of Proper Instructions, the Custodian, its agents or its sub-custodian custodians may (but shall not be obligated to) enter into all types of contracts for foreign exchange on behalf of the Company, upon terms acceptable to the Custodian and the Company (in each case at the Company’s expense), including transactions entered into with the Custodian, its sub-custodian custodians or any affiliates of the Custodian or the sub-custodian. The Custodian shall have no liability for any losses incurred in or resulting from the rates obtained in such foreign exchange transactions; and absent specific and acceptable Proper Instructions, the Custodian shall not be deemed to have any duty to carry out any foreign exchange on behalf of the Company. The Custodian shall be entitled at all times to comply with any legal or regulatory requirements applicable to currency or foreign exchange transactions.

Appears in 3 contracts

Samples: Custodian Agreement (GSC Investment Corp.), Custodian Agreement (Ares Capital Corp), Custodian Agreement (Kohlberg Capital, LLC)

Foreign Exchange. (a) Upon the receipt of Proper Instructions, the Custodian, its agents or its sub-sub- custodian may (but shall not be obligated to) enter into all types of contracts for foreign exchange on behalf of the Company, upon terms acceptable to the Custodian and the Company (in each case at the Company’s expense), including transactions entered into with the Custodian, its sub-custodian or any affiliates of the Custodian or the sub-custodian. The Custodian shall have no liability for any losses incurred in or resulting from the rates obtained in such foreign exchange transactions; and absent specific and acceptable Proper Instructions, the Custodian shall not be deemed to have any duty to carry out any foreign exchange on behalf of the Company. The Custodian shall be entitled at all times to comply with any legal or regulatory requirements applicable to currency or foreign exchange transactions.

Appears in 2 contracts

Samples: Custody Agreement (New Mountain Guardian III BDC, L.L.C.), Custody Agreement (New Mountain Guardian III BDC, L.L.C.)

Foreign Exchange. (ai) Upon the receipt of Proper Instructions, the Custodian, its agents or its sub-custodian custodians may (but shall not be obligated to) enter into all types of contracts for foreign exchange on behalf of the Company, upon terms acceptable to the Custodian and the Company (in each case at the Company’s expense), including transactions entered into with the Custodian, its sub-custodian custodians or any affiliates of the Custodian or the sub-custodiancustodians. The Custodian shall have no liability for any losses incurred in or resulting from the rates obtained in such foreign exchange transactions; and absent specific and acceptable Proper Instructions, the Custodian shall not be deemed to have any duty to carry out any foreign exchange on behalf of the Company. The Custodian shall be entitled at all times to comply with any legal or regulatory requirements applicable to currency or foreign exchange transactions.

Appears in 2 contracts

Samples: Custody Agreement (Stone Point Capital Credit LLC), Custody Agreement (Franklin BSP Capital L.L.C.)

Foreign Exchange. (a) Upon the receipt of Proper Instructions, the Custodian, its agents or its sub-custodian may (but shall not be obligated to) enter into all types of contracts for foreign exchange on behalf of the Company, upon terms acceptable to the Custodian and the Company (in each case at the Company’s expense), including transactions transaction entered into with the Custodian, its sub-custodian or any affiliates of the Custodian or the sub-custodian. The Custodian shall have no liability for any losses incurred in or resulting from the rates obtained in such foreign exchange transactions; and absent specific and acceptable Proper Instructions, the Custodian shall not be deemed to have any duty to carry out any foreign exchange on behalf of the Company. The Custodian shall be entitled at all times to comply with any legal or regulatory requirements applicable to currency or foreign exchange transactions.

Appears in 1 contract

Samples: Custody Agreement (Suro Capital Corp.)

Foreign Exchange. (a) Upon the receipt of Proper Instructions, the Custodian, its agents or its sub-custodian may (but shall not be obligated to) enter into all types of contracts for foreign exchange on behalf of the Company, upon terms acceptable to the Custodian and the Company (in each case at the Company’s expense), including transactions transaction entered into with the Custodian, its sub-custodian or any affiliates Affiliates of the Custodian or the sub-custodian. The Custodian shall have no liability for any losses incurred in or resulting from the rates obtained in such foreign exchange transactions; and absent specific and acceptable Proper Instructions, the Custodian shall not be deemed to have any duty to carry out any foreign exchange on behalf of the Company. The Custodian shall be entitled at all times to comply with any legal or regulatory requirements applicable to currency or foreign exchange transactions.

Appears in 1 contract

Samples: Custody Agreement (New Mountain Guardian III BDC, L.L.C.)

Foreign Exchange. (a) Upon the receipt of Proper Instructions, the Custodian, its agents or its sub-custodian sub- custodians may (but shall not be obligated to) enter into all types of contracts for foreign exchange on behalf of the Company, upon terms acceptable to the Custodian and the Company (in each case at the Company’s expense), including transactions entered into with the Custodian, its sub-custodian custodians or any affiliates of the Custodian or the sub-custodian. The Custodian shall have no liability for any losses incurred in or resulting from the rates obtained in such foreign exchange transactions; and absent specific and acceptable Proper Instructions, the Custodian shall not be deemed to have any duty to carry out any foreign exchange on behalf of the Company. The Custodian shall be entitled at all times to comply with any legal or regulatory requirements applicable to currency or foreign exchange transactions.

Appears in 1 contract

Samples: Custodian Agreement (GSC Investment LLC)

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Foreign Exchange. (a) Upon the receipt of Proper Instructions, the Custodian, its agents or its sub-custodian custodians may (but shall not be obligated to) enter into all types of contracts for foreign exchange on behalf of the Company, upon terms acceptable to the Custodian and the Company (in each case at the Company’s 's expense), including transactions entered into with the Custodian, its sub-custodian custodians or any affiliates of the Custodian or the sub-custodian. The Custodian shall have no liability for any losses incurred in or resulting from the rates obtained in such foreign exchange transactions; and absent specific and acceptable Proper Instructions, the Custodian shall not be deemed to have any duty to carry out any foreign exchange on behalf of the Company. The Custodian shall be entitled at all times to comply with any legal or regulatory requirements applicable to currency or foreign exchange transactions.

Appears in 1 contract

Samples: Custodian Agreement (Ares Capital Corp)

Foreign Exchange. (a) Upon the receipt of Proper Instructions, the Custodian, its agents or its sub-sub custodian may (but shall not be obligated to) enter into all types of contracts for foreign exchange on behalf of the Company, upon terms acceptable to the Custodian and the Company (in each case at the Company’s 's expense), including transactions entered into with the Custodian, its sub-custodian or any affiliates of the Custodian or the sub-custodian. The Custodian shall have no liability for any losses incurred in or resulting from the rates obtained in such foreign exchange transactions; and absent specific Proper Instructions, the Custodian shall not be deemed to have any duty to carry out any foreign exchange on behalf of the Company. The Custodian shall be entitled at all times to comply with any legal or regulatory requirements applicable to currency or foreign exchange transactions.

Appears in 1 contract

Samples: Custody Agreement (OFS Credit Company, Inc.)

Foreign Exchange. (a) Upon the receipt of Proper Instructions, the Custodian, its agents or its sub-sub- custodian may (but shall not be obligated to) enter into all types of contracts for foreign exchange on behalf of the Company, upon terms acceptable to the Custodian and the Company (in each case at the Company’s expense), including transactions entered into with the Custodian, its sub-custodian custodians or any affiliates of the Custodian or the sub-custodiansub- custodians. The Custodian shall have no liability for any losses incurred in or resulting from the rates obtained in such foreign exchange transactions; and absent specific Proper Instructions, the Custodian shall not be deemed to have any duty to carry out any foreign exchange on behalf of the Company. The Custodian shall be entitled at all times to comply with any legal or regulatory requirements applicable to currency or foreign exchange transactions.

Appears in 1 contract

Samples: Custody Agreement (Monroe Capital Income Plus Corp)

Foreign Exchange. (a) Upon the receipt of Proper Instructions, the Custodian, its agents or its sub-custodian custodians may (but shall not be obligated to) enter into all types of contracts for foreign exchange on behalf of the Company, upon terms acceptable to the Custodian and the Company (in each case at the Company’s expense), including transactions entered into with the Custodian, its sub-custodian custodians or any affiliates of the Custodian or the sub-custodiancustodians. The Custodian shall have no liability for any losses incurred in or resulting from the rates obtained in such foreign exchange transactions; and absent specific and acceptable Proper Instructions, the Custodian shall not be deemed to have any duty to carry out any foreign exchange on behalf of the Company. The Custodian shall be entitled at all times to comply with any legal or regulatory requirements applicable to currency or foreign exchange transactions.

Appears in 1 contract

Samples: Custody Agreement (MONROE CAPITAL Corp)

Foreign Exchange. (a) Upon the receipt of Proper Instructions, the Custodian, its agents or its sub-custodian custodians may (but shall not be obligated to) enter into all types of contracts for foreign exchange on behalf of the CompanyCompanies, upon terms acceptable to the Custodian and the such Company (in each case at the such Company’s expense), including transactions entered into with the Custodian, its sub-custodian custodians or any affiliates of the Custodian or the sub-custodiancustodians. The Custodian shall have no liability for any losses incurred in or resulting from the rates obtained in such foreign exchange transactions; and absent specific and acceptable Proper Instructions, the Custodian shall not be deemed to have any duty to carry out any foreign exchange on behalf of any of the CompanyCompanies. The Custodian shall be entitled at all times to comply with any legal or regulatory requirements applicable to currency or foreign exchange transactions.

Appears in 1 contract

Samples: Custody Agreement (Carey Credit Income Fund 2015 T)

Foreign Exchange. (a) (i) Upon the receipt of Proper Instructions, the Custodian, its agents or its subSub-custodian Custodian may (but shall not be obligated to) enter into all types of contracts for foreign exchange on behalf of the Company, upon terms acceptable to the Custodian and the Company (in each case at the Company’s expense), including transactions entered into with the Custodian, its subSub-custodian Custodian or any affiliates of the Custodian or the subSub-custodianCustodian. The Custodian shall have no liability for any losses incurred in or resulting from the rates obtained in such foreign exchange transactions; and absent specific and acceptable Proper Instructions, the Custodian shall not be deemed to have any duty to carry out any foreign exchange on behalf of the Company. The Custodian shall be entitled at all times to comply with any legal or regulatory requirements applicable to currency or foreign exchange transactions.

Appears in 1 contract

Samples: Custody Agreement (Redwood Enhanced Income Corp.)

Foreign Exchange. (a) Upon the receipt of Proper Instructions, the Custodian, its agents or its subSub-custodian Custodian may (but shall not be obligated to) enter into all types of contracts for foreign exchange on behalf of the Company, upon terms acceptable to the Custodian and the Company (in each case at the relevant Company’s expense), including transactions entered into with the Custodian, its subSub-custodian Custodian or any affiliates of the Custodian or the subSub-custodianCustodian. The Custodian shall have no liability for any losses incurred in or resulting from the rates obtained in such foreign exchange transactions; and absent specific Proper Instructions, the Custodian shall not be deemed to have any duty to carry out any foreign exchange on behalf of the Company. The Custodian shall be entitled at all times to comply with any legal or regulatory requirements applicable to currency or foreign exchange transactions.

Appears in 1 contract

Samples: Custody Agreement (Investcorp US Institutional Private Credit Fund)

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