Common use of ACCESS TO CUSTODIAL ACCOUNT; REPORTS Clause in Contracts

ACCESS TO CUSTODIAL ACCOUNT; REPORTS. (a) The Custodian shall furnish a Fund with a file containing daily Custodial Account activity (including all transfers to or from a Custodial Account on the Business Day following such transfers); provided, however, that to the extent such file cannot be transmitted in a timely manner for whatever reason, the Fund acknowledges that the information contained in such file will be available to it through the online view-only access provided to the Fund pursuant to this clause (a). The Custodian shall also provide a Fund and such other Persons as a Fund shall request with secure online view-only access to: (i) a Custodial Account, which shall identify all Assets and cash held by the Custodian on a daily basis and all daily transactions that have occurred within a Custodial Account, and (ii) quarterly statements of the Assets and cash held in a Custodial Account as of the end of each calendar quarter. (b) Upon a Fund’s request, the Custodian shall request on behalf of a Fund view-only access to one or more of the Bank Accounts and accounts held by any Sub-custodian for a Fund, its Subsidiaries and such other Persons as a Fund shall request. (c) The Custodian shall have no duty or obligation to undertake any market valuation of the Assets under any circumstance. (d) The Custodian shall provide a Fund with such reports as are reasonably available to it on the internal accounting controls and procedures for safeguarding securities which are employed by the Custodian, as a Fund may reasonably request from time to time. (e) The Custodian shall cooperate with and supply necessary information to the entity or entities appointed by a Fund to keep the books of account of each Fund and/or compute the value of the assets of a Fund. The Custodian will allow the independent public accountants for a Fund such reasonable access to the records of the Custodian relating to such Fund (i) as is required in connection with their examination of books and records pertaining to the affairs of such Fund, and (ii) the fulfillment by a Fund of any requirements of the SEC. (f) User access to the Electronic Loan Documents in an eVault will be monitored by the Custodian. For an eVault controlled by the Custodian, the Custodian will: (i) limit access to those Persons authenticated using a reliable credentialing method that stores credentials in encrypted or secure form; and (ii) prevent alterations to the Electronic Loan Documents that have not been properly authorized by an Authorized Person. For an eVault used but not controlled by the Custodian, the Custodian will follow the eVault provider’s procedures for limiting such access and preventing such alterations, and to the extent they do not conflict with such procedures, its own procedures. (g) The Custodian will, or will use commercially reasonable efforts to cause any eVault provider to, track access to the Electronic Loan Documents and any transactions related thereto including the adding, deleting, modifying, and transferring of Electronic Loan Documents to and from an eVault. Custodian will, and will use commercially reasonable efforts to cause any eVault provider to, make such tracked information available for review for at least seven (7) years from the date of the logged transaction or event and protect such tracked information with commercially reasonable access control measures to prevent unauthorized access or undetected alteration. (h) Annually, and as otherwise may be reasonably requested by the Fund (any such additional report to be provided at the Fund’s reasonable expense), the Custodian shall provide the Fund with a written report prepared by the Custodian’s independent certified public accountants with respect to the services provided by the Custodian under this Agreement, including without limitation, the internal accounting controls and procedures for safeguarding assets and cash which are employed by the Custodian. Such report shall be of sufficient scope and in sufficient detail as may be reasonably required by a Fund and as may reasonably be obtained by the Custodian. The Custodian shall use commercially reasonable efforts to provide a Fund with such reports as a Fund may reasonably request or otherwise reasonably require to fulfill its duties under Rule 38a-1 of the 1940 Act or similar legal and regulatory requirements. Upon reasonable request of a Fund, the Custodian shall also provide to a Fund sub-certifications in connection with Sarbanes Oxley Act of 2002 certification requirements.

Appears in 4 contracts

Samples: Custody Agreement (Franklin Templeton Variable Insurance Products Trust), Custody Agreement (Franklin Strategic Series), Custody Agreement (Franklin LTD Duration Income Trust)

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ACCESS TO CUSTODIAL ACCOUNT; REPORTS. (a) The Custodian shall provide the Fund and such other Persons as the Fund shall request with secure online view-only access to: (i) the Custodial Account, which shall identify all Assets and cash held by the Custodian and all transactions that have occurred within the Custodial Account, and (ii) monthly statements of the Assets and cash held in the Custodial Account as of the end of each month. (b) Upon the Fund’s request, the Custodian shall request on behalf of the Fund view-only access to one or more of the Bank Accounts and accounts held by any Sub-custodian for the Fund, its Subsidiaries and such other Persons as the Fund shall request. (c) The Custodian shall have no duty or obligation to undertake any market valuation of the Assets under any circumstance. (d) The Custodian shall provide the Fund with such reports as are reasonably available to it on the internal accounting controls and procedures for safeguarding securities which are employed by the Custodian, as the Fund may reasonably request from time to time. The Custodian will provide the Fund a summary of control deficiencies and/or material exceptions as reported in the most recent service organization control review. (e) The Custodian shall cooperate with and supply necessary information to the entity or entities appointed by the Fund to keep the books of account of the Fund and/or compute the value of the assets of the Fund. The Custodian shall take all such reasonable action as the Fund may from time to time request to enable the Fund to obtain, from year to year, favorable opinions form the Fund’s independent registered public accounting firm with respect to the Custodian activities hereunder in connection with (i) the preparation of the Fund’s registration statement on Form N-2 (including any amendments thereto) and any other reports required by the Securities and Exchange Commission, and (ii) the fulfillment by the Fund of any other requirements of the Securities and Exchange Commission. The Fund shall reimburse the Custodian for any extraordinary expenses it incurs complying with this Section 4(e). (f) The Custodian shall furnish a the Fund with a file containing daily Custodial Account activity (including all transfers to or from a the Custodial Account on the Business Day following such transfers); provided, however, that to the extent such file cannot be transmitted in a timely manner for whatever reason, the Fund acknowledges that the information contained in such file will be available to it on an omnibus basis by Platform through the online view-only access provided to the Fund (and such other parties as the Fund shall request) pursuant to this clause (a). The Custodian shall also provide a Fund and such other Persons as a Fund shall request with secure online view-only access to: (i) a Custodial Account, which shall identify all Assets and cash held by the Custodian on a daily basis and all daily transactions that have occurred within a Custodial Account, and (ii) quarterly statements of the Assets and cash held in a Custodial Account as of the end of each calendar quarterabove. (b) Upon a Fund’s request, the Custodian shall request on behalf of a Fund view-only access to one or more of the Bank Accounts and accounts held by any Sub-custodian for a Fund, its Subsidiaries and such other Persons as a Fund shall request. (c) The Custodian shall have no duty or obligation to undertake any market valuation of the Assets under any circumstance. (d) The Custodian shall provide a Fund with such reports as are reasonably available to it on the internal accounting controls and procedures for safeguarding securities which are employed by the Custodian, as a Fund may reasonably request from time to time. (e) The Custodian shall cooperate with and supply necessary information to the entity or entities appointed by a Fund to keep the books of account of each Fund and/or compute the value of the assets of a Fund. The Custodian will allow the independent public accountants for a Fund such reasonable access to the records of the Custodian relating to such Fund (i) as is required in connection with their examination of books and records pertaining to the affairs of such Fund, and (ii) the fulfillment by a Fund of any requirements of the SEC. (fg) User access to the Electronic Loan Documents in an eVault will be monitored by the Custodian. For an eVault controlled by the Custodian, the Custodian will: (i) limit access to those Persons authenticated using a reliable credentialing method that stores credentials in encrypted or secure form; and (ii) prevent alterations to the Electronic Loan Documents that have not been properly authorized by an Authorized Person. For an eVault used but not controlled by the Custodian, Custodian the Custodian will follow the eVault provider’s procedures for limiting such access and preventing such alterations, and to the extent they do not conflict with such procedures, its own procedures. (gh) The Custodian will, or will use commercially reasonable efforts to cause any eVault provider to, track access to the Electronic Loan Documents and any transactions transaction related thereto including the adding, deleting, modifyingviewing, modifying and transferring of Electronic Loan Documents to and from an eVault. Custodian will, and will use commercially reasonable efforts to cause any eVault provider to, make such tracked information available for review for at least seven (7) years from the date of the logged transaction or event and protect such tracked information with commercially reasonable access control measures to prevent unauthorized access or undetected alteration. (hi) Annually, and as otherwise may be reasonably requested by At the Fund (any such additional report to be provided at the Fund’s reasonable expense)end of each calendar quarter, the Custodian shall provide written reports notifying the Board of Trustees of the Fund of the withdrawal or placement of the Foreign Assets and cash of the Fund and its Subsidiaries with a written report prepared by Sub-custodian and of any material changes in the Custodian’s independent certified public accountants with respect to the services provided by the Custodian under this Agreement, including without limitation, the internal accounting controls and procedures for safeguarding assets and cash which are employed by the Custodian. Such report shall be of sufficient scope and in sufficient detail as may be reasonably required by a Fund and as may reasonably be obtained by the Custodianforeign custody arrangements. The Custodian shall use commercially reasonable efforts promptly take such steps as may be required to provide withdraw Foreign Assets from any Sub-custodian arrangement that has ceased to meet the requirements of Rule 17f-5 under the 1940 Act, as applicable. (j) The Custodian maintains and will continue to maintain a Fund with such reports as a Fund may comprehensive compliance program reasonably request or otherwise reasonably require designed to fulfill its duties under Rule 38a-1 prevent violations of the federal securities laws under the 1940 Act or similar legal Act. On a quarterly and regulatory requirements. Upon reasonable request of a Fundannual basis, the Custodian shall also will provide to the Fund a Fund sub-certifications certification in connection with Sarbanes Oxley Act Rule 38a-1 under the 1940 Act. (k) During the terms of 2002 certification requirementsthis agreement and upon the Fund’s reasonable request, authorized representatives of the Fund may conduct periodic site visits of the Custodian’s facilities and inspect the custodial records and procedures solely as it pertains to the custodial services for the Fund under or pursuant to this agreement.

Appears in 2 contracts

Samples: Custody Agreement (AIP Alternative Lending Fund A), Custody Agreement (AIP Alternative Lending Fund P)

ACCESS TO CUSTODIAL ACCOUNT; REPORTS. (a) The Custodian shall provide the Fund and such other Persons as the Fund shall request with secure online view-only access to: (i) the Custodial Account, or a sub-account or accounts relating to an individual Platform specifically identified by the Fund in such request, which shall identify all Assets and cash held by the Custodian and all transactions that have occurred within the specific sub-account or accounts of Custodial Account relating to the identified Platform, and (ii) quarterly statements of the Assets and cash held in the Custodial Account (or in any sub-account or accounts thereof) as of the end of each calendar quarter. (b) Upon the Fund’s request, the Custodian shall request on behalf of the Fund view-only access to one or more of the Bank Accounts and accounts held by any Sub-custodian for the Fund, its Subsidiaries and such other Persons as the Fund shall request. (c) The Custodian shall furnish a the Fund with a file containing daily Custodial Account activity (including all transfers to or from a the Custodial Account on the Business Day following such transfers); provided, however, that to the extent such file cannot be transmitted in a timely manner for whatever reason, the Fund acknowledges that the information contained in such file will be available to it through the online view-only access provided to the Fund (and such other parties as the Fund shall request) pursuant to this clause (a)) above. (d) The Custodian shall cooperate with and supply necessary information to the entity or entities appointed by the Fund to keep the books of account of the Fund and/or compute the value of the assets of the Fund. The Custodian shall also provide a take all such reasonable actions as the Fund and such other Persons as a may from time to time request to enable the Fund shall request to obtain, from year to year, favorable opinions from the Fund’s independent registered public accounting firm with secure online view-only access to: respect to the Custodian’s activities hereunder in connection with (i) a Custodial Accountthe preparation of the Fund’s registration statement on Form N-2 (including any amendments thereto) and reports on Form N-SAR, which shall identify all Assets Form N-CSR and cash held any other reports required by the Custodian on a daily basis Securities and all daily transactions that have occurred within a Custodial AccountExchange Commission, and (ii) quarterly statements the fulfillment by the Fund of any other requirements of the Assets Securities and cash held Exchange Commission. The Fund shall reimburse the Custodian for any extraordinary expenses it incurs in a Custodial Account as of the end of each calendar quartercomplying with this Section 4(c). (b) Upon a Fund’s request, the Custodian shall request on behalf of a Fund view-only access to one or more of the Bank Accounts and accounts held by any Sub-custodian for a Fund, its Subsidiaries and such other Persons as a Fund shall request. (ce) The Custodian shall have no duty or obligation to undertake any market valuation of the Assets under any circumstance. (d) The Custodian shall provide a Fund with such reports as are reasonably available to it on the internal accounting controls and procedures for safeguarding securities which are employed by the Custodian, as a Fund may reasonably request from time to time. (e) The Custodian shall cooperate with and supply necessary information to the entity or entities appointed by a Fund to keep the books of account of each Fund and/or compute the value of the assets of a Fund. The Custodian will allow the independent public accountants for a Fund such reasonable access to the records of the Custodian relating to such Fund (i) as is required in connection with their examination of books and records pertaining to the affairs of such Fund, and (ii) the fulfillment by a Fund of any requirements of the SEC. (f) User access to the Electronic Loan Documents in an eVault will be monitored by the Custodian. For an eVault controlled by the Custodian, the Custodian will: (i) limit access to those Persons authenticated using a reliable credentialing method that stores credentials in encrypted or secure form; and (ii) prevent alterations to the Electronic Loan Documents that have not been properly authorized by an Authorized Person. For an eVault used but not controlled by the Custodian, the Custodian will follow the eVault provider’s procedures for limiting such access and preventing such alterations, and to the extent they do not conflict with such procedures, its own procedures. (g) The Custodian will, or will use commercially reasonable efforts to cause any eVault provider to, track access to the Electronic Loan Documents and any transactions related thereto including the adding, deleting, modifying, and transferring of Electronic Loan Documents to and from an eVault. Custodian will, and will use commercially reasonable efforts to cause any eVault provider to, make such tracked information available for review for at least seven (7) years from the date of the logged transaction or event and protect such tracked information with commercially reasonable access control measures to prevent unauthorized access or undetected alteration. (h) Annually, and as otherwise may be reasonably requested by the Fund , but in no event more frequently than semi-annually (any such additional report to be provided at the Fund’s reasonable expense), the Custodian shall provide the Fund with a written report prepared by the Custodian’s independent certified public accountants with respect to the services provided by the Custodian under this Agreement, including without limitation, the internal accounting controls and procedures for safeguarding assets and cash which are employed by the Custodian. Such report shall be of sufficient scope and in sufficient detail as may be reasonably required by a the Fund and as may reasonably be obtained by the Custodian. (g) At the end of each calendar quarter, the Custodian shall provide written reports notifying the Board of Trustees of the Trust of the withdrawal or placement of the Foreign Assets and cash of the Fund and its Subsidiaries with a Sub-custodian and of any material changes in the foreign custody arrangements. The Custodian shall use commercially reasonable efforts promptly take such steps as may be required to provide a Fund with such reports as a Fund may reasonably request or otherwise reasonably require to fulfill its duties under Rule 38a-1 withdraw Foreign Assets of the Fund and its Subsidiaries from any Sub-Custodian arrangement that has ceased to meet the requirements of Rule 17f-5 under the 1940 Act or similar legal and regulatory requirements. Upon reasonable request of a FundAct, the Custodian shall also provide to a Fund sub-certifications in connection with Sarbanes Oxley Act of 2002 certification requirementsas applicable.

Appears in 1 contract

Samples: Custody Agreement (Stone Ridge Trust VIII)

ACCESS TO CUSTODIAL ACCOUNT; REPORTS. (a) The Custodian shall furnish a the Fund with a file containing daily Custodial Account activity (including all transfers to or from a Custodial Account on the Business Day following such transfers); provided, however, that to the extent such file cannot be transmitted in a timely manner for whatever reason, the Fund acknowledges that the information contained in such file will be available to it through the online view-only access provided to the Fund pursuant to this clause (a). The Custodian shall also provide a the Fund and such other Persons as a the Fund shall request with secure online view-only access to: (i) a the Custodial Account, which shall identify all Assets and cash held by the Custodian on a daily basis and all daily transactions that have occurred within a the Custodial Account, and (ii) quarterly statements of the Assets and cash held in a the Custodial Account as of the end of each calendar quarter. (b) Upon a the Fund’s request, the Custodian shall request on behalf of a the Fund view-only access to one or more of the Bank Accounts and accounts held by any Sub-custodian for a the Fund, its Subsidiaries and such other Persons as a the Fund shall request. (c) The Custodian shall have no duty or obligation to undertake any market valuation of the Assets under any circumstance. (d) The Custodian shall provide a the Fund with such reports as are reasonably available to it on the internal accounting controls and procedures for safeguarding securities which are employed by the Custodian, as a the Fund may reasonably request from time to time. (e) The Custodian shall cooperate with and supply necessary information to the entity or entities appointed by a the Fund to keep the books of account of each the Fund and/or compute the value of the assets of a the Fund. The Custodian will allow the independent public accountants for a the Fund such reasonable access to the records of the Custodian relating to such Fund (i) as is required in connection with their examination of books and records pertaining to the affairs of such Fund, and (ii) the fulfillment by a the Fund of any requirements of the SEC. (f) User access to the Electronic Loan Documents in an eVault will be monitored by the Custodian. For an eVault controlled by the Custodian, the Custodian will: (i) limit access to those Persons authenticated using a reliable credentialing method that stores credentials in encrypted or secure form; and (ii) prevent alterations to the Electronic Loan Documents that have not been properly authorized by an Authorized Person. For an eVault used but not controlled by the Custodian, the Custodian will follow the eVault provider’s procedures for limiting such access and preventing such alterations, and to the extent they do not conflict with such procedures, its own procedures. (g) The Custodian will, or will use commercially reasonable efforts to cause any eVault provider to, track access to the Electronic Loan Documents and any transactions related thereto including the adding, deleting, modifying, and transferring of Electronic Loan Documents to and from an eVault. Custodian will, and will use commercially reasonable efforts to cause any eVault provider to, make such tracked information available for review for at least seven (7) years from the date of the logged transaction or event and protect such tracked information with commercially reasonable access control measures to prevent unauthorized access or undetected alteration. (h) Annually, and as otherwise may be reasonably requested by the Fund (any such additional report to be provided at the Fund’s reasonable expense), the Custodian shall provide the Fund with a written report prepared by the Custodian’s independent certified public accountants with respect to the services provided by the Custodian under this Agreement, including without limitation, the internal accounting controls and procedures for safeguarding assets and cash which are employed by the Custodian. Such report shall be of sufficient scope and in sufficient detail as may be reasonably required by a the Fund and as may reasonably be obtained by the Custodian. The Custodian shall use commercially reasonable efforts to provide a the Fund with such reports as a the Fund may reasonably request or otherwise reasonably require to fulfill its duties under Rule 38a-1 of the 1940 Act or similar legal and regulatory requirements. Upon reasonable request of a the Fund, the Custodian shall also provide to a the Fund sub-certifications in connection with Sarbanes Oxley Act of 2002 certification requirements.

Appears in 1 contract

Samples: Custody Agreement (AlphaCentric Prime Meridian Income Fund)

ACCESS TO CUSTODIAL ACCOUNT; REPORTS. (a) The Custodian shall provide the Fund and such other Persons as the Fund shall request with secure online view-only access to: (i) the Custodial Account, or a sub-account or accounts relating to an individual Platform specifically identified by the Fund in such request, which shall identify all Assets and cash held by the Custodian and all transactions that have occurred within the specific sub-account or accounts of Custodial Account relating to the identified Platform, and (ii) quarterly statements of the Assets and cash held in the Custodial Account (or in any sub-account or accounts thereof) as of the end of each calendar quarter. (b) Upon the Fund’s request, the Custodian shall request on behalf of the Fund view-only access to one or more of the Bank Accounts and accounts held by any Sub-custodian for the Fund, its Subsidiaries and such other Persons as the Fund shall request. (c) The Custodian shall furnish a the Fund with a file containing daily Custodial Account activity (including all transfers to or from a the Custodial Account on the Business Day following such transfers); provided, however, that to the extent such file cannot be transmitted in a timely manner for whatever reason, the Fund acknowledges that the information contained in such file will be available to it through the online view-only access provided to the Fund (and such other parties as the Fund shall request) pursuant to this clause (a). The Custodian shall also provide a Fund and such other Persons as a Fund shall request with secure online view-only access to: (i) a Custodial Account, which shall identify all Assets and cash held by the Custodian on a daily basis and all daily transactions that have occurred within a Custodial Account, and (ii) quarterly statements of the Assets and cash held in a Custodial Account as of the end of each calendar quarter. (b) Upon a Fund’s request, the Custodian shall request on behalf of a Fund view-only access to one or more of the Bank Accounts and accounts held by any Sub-custodian for a Fund, its Subsidiaries and such other Persons as a Fund shall request. (c) The Custodian shall have no duty or obligation to undertake any market valuation of the Assets under any circumstanceabove. (d) The Custodian shall provide a Fund with such reports as are reasonably available to it on the internal accounting controls and procedures for safeguarding securities which are employed by the Custodian, as a Fund may reasonably request from time to time. (e) The Custodian shall cooperate with and supply necessary information to the entity or entities appointed by a Fund to keep the books of account of each Fund and/or compute the value of the assets of a Fund. The Custodian will allow the independent public accountants for a Fund such reasonable access to the records of the Custodian relating to such Fund (i) as is required in connection with their examination of books and records pertaining to the affairs of such Fund, and (ii) the fulfillment by a Fund of any requirements of the SEC. (f) User access to the Electronic Loan Documents in an eVault will be monitored by the Custodian. For an eVault controlled by the Custodian, the Custodian will: (i) limit access to those Persons authenticated using a reliable credentialing method that stores credentials in encrypted or secure form; and (ii) ii)l prevent alterations to the Electronic Loan Documents that have not been properly authorized by an Authorized Person. For an eVault used but not controlled by the Custodian, the Custodian will follow the eVault provider’s procedures for limiting such access and preventing such alterations, and to the extent they do not conflict with such procedures, its own procedures. (ge) The Custodian will, or will use commercially reasonable efforts to cause any eVault provider to, track access to the Electronic Loan Documents and any transactions related thereto including the adding, deleting, viewing, modifying, and transferring of Electronic Loan Documents to and from an eVault. Custodian will, and will use commercially reasonable efforts to cause any eVault provider to, make such tracked information available for review for at least seven (7) years from the date of the logged transaction or event and protect such tracked information with commercially reasonable access control measures to prevent unauthorized access or undetected alteration. (f) The Custodian shall cooperate with and supply necessary information to the entity or entities appointed by the Fund to keep the books of account of the Fund and/or compute the value of the assets of the Fund. The Custodian shall take all such reasonable actions as the Fund may from time to time request to enable the Fund to obtain, from year to year, favorable opinions from the Fund’s independent registered public accounting firm with respect to the Custodian’s activities hereunder in connection with (i) the preparation of the Fund’s registration statement on Form N-2 (including any amendments thereto) and reports on Form N-SAR, Form N-CSR and any other reports required by the Securities and Exchange Commission, and (ii) the fulfillment by the Fund of any other requirements of the Securities and Exchange Commission. The Fund shall reimburse the Custodian for any extraordinary expenses it incurs in complying with this Section 4(c). (g) The Custodian shall have no duty or obligation to undertake any market valuation of the Assets under any circumstance. (h) Annually, and as otherwise may be reasonably requested by the Fund , but in no event more frequently than semi-annually (any such additional report to be provided at the Fund’s reasonable expense), the Custodian shall provide the Fund with a written report prepared by the Custodian’s independent certified public accountants with respect to the services provided by the Custodian under this Agreement, including without limitation, the internal accounting controls and procedures for safeguarding assets and cash which are employed by the Custodian. Such report shall be of sufficient scope and in sufficient detail as may be reasonably required by a the Fund and as may reasonably be obtained by the Custodian. (i) At the end of each calendar quarter, the Custodian shall provide written reports notifying the Board of Trustees of the Trust of the withdrawal or placement of the Foreign Assets and cash of the Fund and its Subsidiaries with a Sub-custodian and of any material changes in the foreign custody arrangements. The Custodian shall use commercially reasonable efforts promptly take such steps as may be required to provide a Fund with such reports as a Fund may reasonably request or otherwise reasonably require to fulfill its duties under Rule 38a-1 withdraw Foreign Assets of the Fund and its Subsidiaries from any Sub-Custodian arrangement that has ceased to meet the requirements of Rule 17f-5 under the 1940 Act or similar legal and regulatory requirements. Upon reasonable request of a FundAct, the Custodian shall also provide to a Fund sub-certifications in connection with Sarbanes Oxley Act of 2002 certification requirementsas applicable.

Appears in 1 contract

Samples: Custody Agreement (Stone Ridge Trust V)

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ACCESS TO CUSTODIAL ACCOUNT; REPORTS. (a) The Custodian shall provide the Fund and such other Persons as the Fund shall request with secure online view-only access to: (i) the Custodial Account, which shall identify all Assets and cash held by the Custodian and all transactions that have occurred within the Custodial Account, and (ii) quarterly statements of the Assets and cash held in the Custodial Account as of the end of each calendar quarter. (b) Upon the Fund’s request, the Custodian shall request on behalf of the Fund view-only access to one or more of the Bank Accounts and accounts held by any Sub-custodian for the Fund, its Subsidiaries and such other Persons as the Fund shall request. (c) The Custodian shall have no duty or obligation to undertake any market valuation of the Assets under any circumstance. (d) The Custodian shall cooperate with and supply necessary information to the entity or entities appointed by the Fund to keep the books of account of the Fund and/or compute the value of the assets of the Fund. The Custodian shall take all such reasonable actions as the Fund may from time to time request to enable the Fund to obtain, from year to year, favorable opinions from the Fund’s independent registered public accounting firm with respect to the Custodian’s activities hereunder in connection with (i) the preparation of the Fund’s registration statement on Form N-2 (including any amendments thereto) and reports on Form N-SAR, Form N-CSR and any other reports required by the Securities and Exchange Commission, and (ii) the fulfillment by the Fund of any other requirements of the Securities and Exchange Commission. The Fund shall reimburse the Custodian for any extraordinary expenses it incurs in complying with this Section 4(d). (e) The Custodian shall provide the Fund with such reports as are reasonably available to it on the internal accounting controls and procedures for safeguarding securities which are employed by the Custodian, as the Fund may reasonably request from time to time. (f) The Custodian shall furnish a the Fund with a file containing daily Custodial Account activity (including all transfers to or from a the Custodial Account on the Business Day following such transfers); provided, however, that to the extent such file cannot be transmitted in a timely manner for whatever reason, the Fund acknowledges that the information contained in such file will be available to it on an omnibus basis by Platform through the online view-only access provided to the Fund (and such other parties as the Fund shall request) pursuant to this clause (a). The Custodian shall also provide a Fund and such other Persons as a Fund shall request with secure online view-only access to: (i) a Custodial Account, which shall identify all Assets and cash held by the Custodian on a daily basis and all daily transactions that have occurred within a Custodial Account, and (ii) quarterly statements of the Assets and cash held in a Custodial Account as of the end of each calendar quarterabove. (b) Upon a Fund’s request, the Custodian shall request on behalf of a Fund view-only access to one or more of the Bank Accounts and accounts held by any Sub-custodian for a Fund, its Subsidiaries and such other Persons as a Fund shall request. (c) The Custodian shall have no duty or obligation to undertake any market valuation of the Assets under any circumstance. (d) The Custodian shall provide a Fund with such reports as are reasonably available to it on the internal accounting controls and procedures for safeguarding securities which are employed by the Custodian, as a Fund may reasonably request from time to time. (e) The Custodian shall cooperate with and supply necessary information to the entity or entities appointed by a Fund to keep the books of account of each Fund and/or compute the value of the assets of a Fund. The Custodian will allow the independent public accountants for a Fund such reasonable access to the records of the Custodian relating to such Fund (i) as is required in connection with their examination of books and records pertaining to the affairs of such Fund, and (ii) the fulfillment by a Fund of any requirements of the SEC. (fg) User access to the Electronic Loan Documents in an eVault will be monitored by the Custodian. For an eVault controlled by the Custodian, the Custodian will: (i) limit access to those Persons authenticated using a reliable credentialing method that stores credentials in encrypted or secure form; and (ii) prevent alterations to the Electronic Loan Documents that have not been properly authorized by an Authorized Person. For an eVault used but not controlled by the Custodian, the Custodian will follow the eVault provider’s procedures for limiting such access and preventing such alterations, and to the extent they do not conflict with such procedures, its own procedures. (gh) The Custodian will, or will use commercially reasonable efforts to cause any eVault provider to, track access to the Electronic Loan Documents and any transactions related thereto including the adding, deleting, viewing, modifying, and transferring of Electronic Loan Documents to and from an eVault. Custodian will, and will use commercially reasonable efforts to cause any eVault provider to, make such tracked information available for review for at least seven (7) years from the date of the logged transaction or event and protect such tracked information with commercially reasonable access control measures to prevent unauthorized access or undetected alteration. (hi) Annually, and as otherwise may be reasonably requested by At the Fund (any such additional report to be provided at the Fund’s reasonable expense)end of each calendar quarter, the Custodian shall provide written reports notifying the Board of Trustees of the Fund of the withdrawal or placement of the Foreign Assets and cash of the Fund and its Subsidiaries with a written report prepared by Sub-custodian and of any material changes in the Custodian’s independent certified public accountants with respect to the services provided by the Custodian under this Agreement, including without limitation, the internal accounting controls and procedures for safeguarding assets and cash which are employed by the Custodian. Such report shall be of sufficient scope and in sufficient detail as may be reasonably required by a Fund and as may reasonably be obtained by the Custodianforeign custody arrangements. The Custodian shall use commercially reasonable efforts promptly take such steps as may be required to provide a Fund with such reports as a Fund may reasonably request or otherwise reasonably require withdraw Foreign Assets from any Sub-custodian arrangement that has ceased to fulfill its duties meet the requirements of Rule 17f-5 under Rule 38a-1 of the 1940 Act or similar legal and regulatory requirements. Upon reasonable request of a FundAct, the Custodian shall also provide to a Fund sub-certifications in connection with Sarbanes Oxley Act of 2002 certification requirementsas applicable.

Appears in 1 contract

Samples: Custody Agreement (VanEck Coastland Online Finance Fund)

ACCESS TO CUSTODIAL ACCOUNT; REPORTS. (a) The Custodian shall provide the Fund and such other Persons as the Fund shall request with secure online view-only access at all times to: (i) the Custodial Account, which shall identify all Assets and cash held by the Custodian and all transactions that have occurred within the Custodial Account, and (ii) monthly statements of the Assets and cash held in the Custodial Account as of the end of each calendar month. (b) Upon the Fund’s request, the Custodian shall request on behalf of the Fund view-only access to one or more of the Bank Accounts and accounts held by any Sub-custodian for the Fund, its Subsidiaries and such other Persons as the Fund shall request. (c) The Custodian shall have no duty or obligation to undertake any market valuation of the Assets under any circumstance. (d) The Custodian shall provide the Fund with such reports as are reasonably available to it on the internal accounting controls and procedures for safeguarding securities which are employed by the Custodian, as the Fund may reasonably request from time to time. (e) The Custodian shall cooperate with and supply necessary information to the entity or entities appointed by the Fund to keep the books of account of the Fund and/or compute the value of the assets of the Fund. The Custodian shall take all such reasonable action as the Fund may from time to time request to enable the Fund to obtain, from year to year, favorable opinions form the Fund’s independent registered public accounting firm with respect to the Custodian activities hereunder in connection with (i) the preparation of the Fund’s registration statement on Form N-2 (including any amendments thereto) and any other reports required by the Securities and Exchange Commission, and (ii) the fulfillment by the Fund of any other requirements of the Securities and Exchange Commission. The Fund shall reimburse the Custodian for any extraordinary expenses it incurs complying with this Section 4(e). (f) The Custodian shall furnish a the Fund with a file containing daily Custodial Account activity (including all transfers to or from a the Custodial Account on the Business Day following such transfers); provided, however, that to the extent such file cannot be transmitted in a timely manner for whatever reason, the Fund acknowledges that the information contained in such file will be available to it on an omnibus basis by Platform through the online view-only access provided to the Fund (and such other parties as the Fund shall request) pursuant to this clause (a). The Custodian shall also provide a Fund and such other Persons as a Fund shall request with secure online view-only access to: (i) a Custodial Account, which shall identify all Assets and cash held by the Custodian on a daily basis and all daily transactions that have occurred within a Custodial Account, and (ii) quarterly statements of the Assets and cash held in a Custodial Account as of the end of each calendar quarterabove. (b) Upon a Fund’s request, the Custodian shall request on behalf of a Fund view-only access to one or more of the Bank Accounts and accounts held by any Sub-custodian for a Fund, its Subsidiaries and such other Persons as a Fund shall request. (c) The Custodian shall have no duty or obligation to undertake any market valuation of the Assets under any circumstance. (d) The Custodian shall provide a Fund with such reports as are reasonably available to it on the internal accounting controls and procedures for safeguarding securities which are employed by the Custodian, as a Fund may reasonably request from time to time. (e) The Custodian shall cooperate with and supply necessary information to the entity or entities appointed by a Fund to keep the books of account of each Fund and/or compute the value of the assets of a Fund. The Custodian will allow the independent public accountants for a Fund such reasonable access to the records of the Custodian relating to such Fund (i) as is required in connection with their examination of books and records pertaining to the affairs of such Fund, and (ii) the fulfillment by a Fund of any requirements of the SEC. (fg) User access to the Electronic Loan Documents in an eVault will be monitored by the Custodian. For an eVault controlled by the Custodian, the Custodian will: (i) limit access to those Persons authenticated using a reliable credentialing method that stores credentials in encrypted or secure form; and (ii) prevent alterations to the Electronic Loan Documents that have not been properly authorized by an Authorized Person. For an eVault used but not controlled by the Custodian, Custodian the Custodian will follow the eVault provider’s procedures for limiting such access and preventing such alterations, and to the extent they do not conflict with such procedures, its own procedures. (gh) The Custodian will, or will use commercially reasonable efforts to cause any eVault provider to, track access to the Electronic Loan Documents and any transactions transaction related thereto including the adding, deleting, modifyingviewing, modifying and transferring of Electronic Loan Documents to and from an eVault. Custodian will, and will use commercially reasonable efforts to cause any eVault provider to, make such tracked information available for review for at least seven (7) years from the date of the logged transaction or event and protect such tracked information with commercially reasonable access control measures to prevent unauthorized access or undetected alteration. (hi) Annually, and as otherwise may be reasonably requested by the Fund Fund, but in no event more frequently than semi-annually (any such additional report to be provided at the Fund’s reasonable expense), the Custodian shall provide the Fund with a written report prepared by the Custodian’s independent certified public accountants with respect to the services provided by the Custodian under this Agreement, including without limitation, the internal accounting controls and procedures for safeguarding assets and cash which are employed by the Custodian. Such report shall be of sufficient scope and in sufficient detail as may be reasonably required by a the Fund and as may reasonably be obtained by the Custodian. (j) At the end of each calendar quarter, the Custodian shall provide written reports notifying the Board of Directors of the Fund of the withdrawal or placement of the Foreign Assets and cash of the Fund and its Subsidiaries with a Sub-custodian and of any material changes in the foreign custody arrangements. The Custodian shall use commercially reasonable efforts promptly take such steps as may be required to provide a Fund with such reports as a Fund may reasonably request or otherwise reasonably require to fulfill its duties under Rule 38a-1 withdraw Foreign Assets of the Fund and its Subsidiaries from any Sub-Custodian arrangement that has ceased to meet the requirements of Rule 17f-5 under the 1940 Act or similar legal Act, as applicable. (k) The Custodian maintains and regulatory requirementswill continue to maintain a comprehensive compliance program reasonably designed to prevent violations of the federal securities laws under the 1940 Act. Upon reasonable request of On a Fundquarterly and annual basis, the Custodian shall also will provide to the Fund a Fund sub-certifications certification in connection with Sarbanes Oxley Act Rule 38a-1 under the 1940 Act. (l) During the terms of 2002 certification requirementsthis Agreement and upon the Fund’s reasonable request, authorized representatives of the Fund may conduct periodic site visits of the Custodian’s facilities and inspect the custodial records and procedures solely as it pertains to the custodial services for the Fund under or pursuant to this agreement.

Appears in 1 contract

Samples: Custody Agreement (Fundrise Real Estate Interval Fund, LLC)

ACCESS TO CUSTODIAL ACCOUNT; REPORTS. (a) The Custodian shall provide the Fund and such other Persons as the Fund shall request with secure online view-only access to: (i) the Custodial Account, or a sub-account or accounts relating to an individual Platform specifically identified by the Fund in such request, which shall identify all Assets and cash held by the Custodian and all transactions that have occurred within the specific sub-account or accounts of Custodial Account relating to the identified Platform, and (ii) quarterly statements of the Assets and cash held in the Custodial Account (or in any sub-account or accounts thereof) as of the end of each calendar quarter. (b) Upon the Fund’s request, the Custodian shall request on behalf of the Fund view-only access to one or more of the Bank Accounts and accounts held by any Sub-custodian for the Fund, its Subsidiaries and such other Persons as the Fund shall request. (c) The Custodian shall furnish a the Fund with a file containing daily Custodial Account activity (including all transfers to or from a the Custodial Account on the Business Day following such transfers); provided, however, that to the extent such file cannot be transmitted in a timely manner for whatever reason, the Fund acknowledges that the information contained in such file will be available to it through the online view-only access provided to the Fund (and such other parties as the Fund shall request) pursuant to this clause (a). The Custodian shall also provide a Fund and such other Persons as a Fund shall request with secure online view-only access to: (i) a Custodial Account, which shall identify all Assets and cash held by the Custodian on a daily basis and all daily transactions that have occurred within a Custodial Account, and (ii) quarterly statements of the Assets and cash held in a Custodial Account as of the end of each calendar quarter. (b) Upon a Fund’s request, the Custodian shall request on behalf of a Fund view-only access to one or more of the Bank Accounts and accounts held by any Sub-custodian for a Fund, its Subsidiaries and such other Persons as a Fund shall request. (c) The Custodian shall have no duty or obligation to undertake any market valuation of the Assets under any circumstanceabove. (d) The Custodian shall provide a Fund with such reports as are reasonably available to it on the internal accounting controls and procedures for safeguarding securities which are employed by the Custodian, as a Fund may reasonably request from time to time. (e) The Custodian shall cooperate with and supply necessary information to the entity or entities appointed by a Fund to keep the books of account of each Fund and/or compute the value of the assets of a Fund. The Custodian will allow the independent public accountants for a Fund such reasonable access to the records of the Custodian relating to such Fund (i) as is required in connection with their examination of books and records pertaining to the affairs of such Fund, and (ii) the fulfillment by a Fund of any requirements of the SEC. (f) User access to the Electronic Loan Documents in an eVault will be monitored by the Custodian. For an eVault controlled by the Custodian, the Custodian will: (i) limit access to those Persons authenticated using a reliable credentialing method that stores credentials in encrypted or secure form; and (ii) ii)l prevent alterations to the Electronic Loan Documents that have not been properly authorized by an Authorized Person. For an eVault used but not controlled by the Custodian, the Custodian will follow the eVault provider’s procedures for limiting such access and preventing such alterations, and to the extent they do not conflict with such procedures, its own procedures. (ge) The Custodian will, or will use commercially reasonable efforts to cause any eVault provider to, track access to the Electronic Loan Documents and any transactions related thereto including the adding, deleting, modifying, and transferring of Electronic Loan Documents to and from an eVault. Custodian will, and will use commercially reasonable efforts to cause any eVault provider to, make such tracked information available for review for at least seven (7) years from the date of the logged transaction or event and protect such tracked information with commercially reasonable access control measures to prevent unauthorized access or undetected alteration. (f) The Custodian shall cooperate with and supply necessary information to the entity or entities appointed by the Fund to keep the books of account of the Fund and/or compute the value of the assets of the Fund. The Custodian shall take all such reasonable actions as the Fund may from time to time request to enable the Fund to obtain, from year to year, favorable opinions from the Fund’s independent registered public accounting firm with respect to the Custodian’s activities hereunder in connection with (i) the preparation of the Fund’s registration statement on Form N-2 (including any amendments thereto) and reports on Form N-SAR, Form N-CSR and any other reports required by the Securities and Exchange Commission, and (ii) the fulfillment by the Fund of any other requirements of the Securities and Exchange Commission. The Fund shall reimburse the Custodian for any extraordinary expenses it incurs in complying with this Section 4(c). (g) The Custodian shall have no duty or obligation to undertake any market valuation of the Assets under any circumstance. (h) Annually, and as otherwise may be reasonably requested by the Fund , but in no event more frequently than semi-annually (any such additional report to be provided at the Fund’s reasonable expense), the Custodian shall provide the Fund with a written report prepared by the Custodian’s independent certified public accountants with respect to the services provided by the Custodian under this Agreement, including without limitation, the internal accounting controls and procedures for safeguarding assets and cash which are employed by the Custodian. Such report shall be of sufficient scope and in sufficient detail as may be reasonably required by a the Fund and as may reasonably be obtained by the Custodian. (i) At the end of each calendar quarter, the Custodian shall provide written reports notifying the Board of Trustees of the Trust of the withdrawal or placement of the Foreign Assets and cash of the Fund and its Subsidiaries with a Sub-custodian and of any material changes in the foreign custody arrangements. The Custodian shall use commercially reasonable efforts promptly take such steps as may be required to provide a Fund with such reports as a Fund may reasonably request or otherwise reasonably require to fulfill its duties under Rule 38a-1 withdraw Foreign Assets of the Fund and its Subsidiaries from any Sub-Custodian arrangement that has ceased to meet the requirements of Rule 17f-5 under the 1940 Act or similar legal and regulatory requirements. Upon reasonable request of a FundAct, the Custodian shall also provide to a Fund sub-certifications in connection with Sarbanes Oxley Act of 2002 certification requirementsas applicable.

Appears in 1 contract

Samples: Custody Agreement (Stone Ridge Trust V)

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