Actions of the Bank. The Bank shall follow Instructions received regarding assets held in the Accounts. However, until it receives Instructions to the contrary, the Bank will: (a) Present for payment any Securities which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation, to the extent that the Bank or Subcustodian is actually aware of such opportunities. (b) Execute in the name of the Customer such ownership and other certificates as may be required to obtain payments in respect of Securities. (c) Exchange interim receipts or temporary Securities for definitive Securities. (d) Issue statements to the Customer, at times mutually agreed upon, identifying the Assets in the Accounts. (e) Receive and collect all income and principal with respect to Securities and to credit cash receipts to the Accounts. (f) Take non-discretionary action on mandatory corporate actions. (g) Pay or cause to be paid, from the Accounts, any and all taxes and levies of any nature imposed on the Assets by any governmental authority in connection with custody of and transactions in such Assets. (h) In general, attend to all nondiscretionary details in connection with the custody, sale, purchase, transfer and other dealings with the Assets held in the Accounts. The Bank will send the Customer an advice or notification of any transfers of Assets to or from the Accounts. Such statements, advices or notifications shall indicate the identity of the entity having custody of the Assets. Unless the Customer sends the Bank a written exception or objection to any Bank statement within ninety (90) days of receipt, the Customer shall be deemed to have approved such statement. All collections of funds or other property paid or distributed in respect of Securities in the Accounts shall be made at the risk of the Customer. The Bank shall have no liability for any loss occasioned by delay in the actual receipt of notice by the Bank or by its Subcustodians of any payment, redemption or other transaction regarding Securities in the Accounts in respect of which the Bank has agreed to take any action under this Agreement.
Appears in 5 contracts
Samples: Multiple Services Agreement (Brinson Relationship Funds), Multiple Services Agreement (Brinson Funds Inc), Multiple Services Agreement (Brinson Funds Inc)
Actions of the Bank. The Until the Bank shall follow Instructions received regarding assets held in the Accounts. However, until it receives Instructions from Authorized Persons to the contrary, the Bank will, or will instruct its subcustodian, to:
(a) Present present for payment any Securities in a Custody Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation, presentation to the extent that the Bank or Subcustodian subcustodian is actually aware of such opportunities.opportunities for payment, and hold cash received upon presentation of such Securities in accordance with the provisions of Sections 2, 3 and 4 hereof;
(b) Execute in respect of Securities in a Custody Account, execute in the name of the Customer Fund on behalf of the particular Portfolio involved such ownership and other certificates as may be required to obtain payments in respect of Securities.thereof;
(c) Exchange exchange interim receipts or temporary Securities in a Custody Account for definitive Securities.;
(d) Issue statements (if applicable) convert monies received with respect to Securities of foreign issue into United States dollars or any other currency necessary to effect any transaction involving the CustomerSecurities whenever it is practicable to do so through customary banking channels, at times mutually agreed uponusing any method or agency available, identifying including, but not limited to, the Assets in facilities of the Accounts.Bank, its subsidiaries, affiliates or subcustodians;
(e) Receive (if applicable) appoint brokers and collect all income and principal with respect to agents for any transaction involving the Securities and to credit cash receipts to in a Custody Account, including, without limitation, affiliates of the Accounts.Bank or any subcustodian; and
(f) Take non-discretionary action on mandatory corporate actions.
(g) Pay apply for a reduction of withholding tax and any refund of any tax paid or cause tax credits which apply in each applicable market in respect of income payments or Securities for the benefit of each Portfolio of the Fund which the Bank believes may be available to be paid, such Portfolio. The provision of tax reclaim services by the Bank is conditioned upon the Bank receiving from the AccountsFund (A) a declaration of its identity and place of residence and (B) certain other documentation (pro forma copies of which are available from the Bank) requested by the Bank. The Fund shall provide to the Bank such documentation and information as it may request in connection with taxation, and warrants that, when given, this information shall be true and correct in every respect, not misleading in any way, and shall contain all taxes material information. The Fund undertakes to notify the Bank immediately if any such information requires updating or amendment. The Bank shall not be liable to the Fund or any third party for any tax fines or penalties payable by the Bank or the Fund, and levies shall be indemnified accordingly, whether these result from the inaccurate completion of documents by the Fund or any third party, or as a result of the provision to the Bank or any third party of inaccurate or misleading information or the withholding of material information by the Fund or any other third party, or as a result of any nature imposed on delay of any revenue authority or any other matter beyond the Assets control of the Bank. The Fund confirms that the Bank is authorized to deduct from any cash received or credited to the Deposit Account any taxes or levies required by any revenue or governmental authority in connection with custody respect of and transactions in such Assets.
(h) In general, attend to all nondiscretionary details in connection with the custody, sale, purchase, transfer and other dealings with the Assets held in the Securities or Deposit Accounts. The Bank will send shall perform tax reclaim services only with respect to taxation levied by the Customer an advice or notification of any transfers of Assets to or from the Accounts. Such statements, advices or notifications shall indicate the identity revenue authorities of the entity having custody of countries notified to the Assets. Unless the Customer sends Fund from time to time and the Bank a written exception may, by notification in writing, at its absolute discretion, supplement or objection to any Bank statement within ninety (90) days of receiptamend the markets in which the tax reclaim services are offered. Other than as expressly provided in this clause, the Customer shall be deemed to have approved such statement. All collections of funds or other property paid or distributed in respect of Securities in the Accounts shall be made at the risk of the Customer. The Bank shall have no liability responsibility with regard to the Fund's tax position or status in any jurisdiction. The Fund confirms that the Bank is authorized to disclose any information requested by any revenue authority or any governmental body in relation to the Fund or the Securities and/or cash held for any loss occasioned by delay in the actual receipt of notice Fund. Tax reclaim services may be provided by the Bank or, in whole or in part, by its Subcustodians one or more third parties appointed by the Bank (which may be affiliates of the Bank), provided that the Bank shall be liable for the performance of any payment, redemption or other transaction regarding Securities in such third party to the Accounts in respect of which same extent as the Bank has agreed to take any action under this Agreementwould have been if it performed such services itself.
Appears in 3 contracts
Samples: Custody Agreement (Excelsior Funds Trust), Custody Agreement (Excelsior Funds Inc), Custody Agreement (Excelsior Tax Exempt Funds Inc)
Actions of the Bank. The Bank shall follow Instructions received regarding assets held in the Accounts. However, until it receives Instructions to the contrary, the Bank willwill perform the following functions:
(a) Present for payment any Securities which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation, to the extent that the Bank or Subcustodian is actually aware of such opportunities.
(b) Execute in the name of the Customer such ownership and other certificates as may be required to obtain payments in respect of Securities.
(c) Exchange interim receipts or temporary Securities for definitive Securities.
(d) Appoint brokers and agents for any transaction involving the Securities, including, without limitation, affiliates of the Bank or any Subcustodian.
(e) Issue statements to the Customer, at times mutually agreed upon, identifying the Assets in the Accounts.
(e) Receive and collect all income and principal with respect to Securities and to credit cash receipts to the Accounts.
(f) Take non-discretionary action on mandatory corporate actions.
(g) Pay or cause to be paid, from the Accounts, any and all taxes and levies of any nature imposed on the Assets by any governmental authority in connection with custody of and transactions in such Assets.
(h) In general, attend to all nondiscretionary details in connection with the custody, sale, purchase, transfer and other dealings with the Assets held in the Accounts. The Bank will send the Customer an advice or notification of any transfers of Assets to or from the Accounts. Such statements, advices or notifications shall indicate the identity of the entity having custody of the Assets. Unless the Customer sends the Bank a written exception or objection to any Bank statement within ninety sixty (9060) days of receipt, the Customer shall be deemed to have approved such statement. In such event, or where the Customer has otherwise approved any such statement, the Bank shall, to the extent permitted by law, be released, relieved and discharged with respect to all matters set forth in such statement or reasonably implied therefrom as though it had been settled by the decree of a court of competent jurisdiction in an action where the Customer and all persons having or claiming an interest in the Customer or the Customer's Accounts were parties. All collections of funds or other property paid or distributed in respect of Securities in the Accounts Custody Account shall be made at the risk of the Customer. The Bank shall have no liability for any loss occasioned by delay in the actual receipt of notice by the Bank or by its Subcustodians of any payment, redemption or other transaction regarding Securities in the Accounts Custody Account in respect of which the Bank has agreed to take any action under this Agreement.
Appears in 2 contracts
Samples: Global Custody Agreement (Security Equity Fund), Global Custody Agreement (Security Equity Fund)
Actions of the Bank. The Bank shall follow Instructions received regarding assets held in the Accounts. However, until it receives Instructions to the contrary, the Bank will:
(a) Present for payment any Securities which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation, to the extent that the Bank or Subcustodian is actually aware of such opportunities.
(b) Execute in the name of the Customer such ownership and other certificates as may be required to obtain payments in respect of Securities.
(c) Exchange interim receipts or temporary Securities for definitive Securities.
(d) Issue statements to the Customer, at times mutually agreed upon, identifying the Assets in the Accounts.
(e) Receive and collect all income and principal with respect to Securities and to credit cash receipts to the Accounts.
(f) Take non-discretionary action on mandatory corporate actions.
(g) Pay or cause to be paid, from the Accounts, any and all taxes and levies of any nature imposed on the Assets by any governmental authority in connection with custody of and transactions in such Assets.
(h) In general, attend to all nondiscretionary details in connection with the custody, sale, purchase, transfer and other dealings with the Assets held in the Accounts. The Bank will send the Customer an advice or notification of any transfers of Assets to or from the Accounts. Such statements, advices or notifications shall indicate the identity of the entity having custody of the Assets. Unless the Customer sends the Bank a written exception or objection to any Bank statement within ninety (90) days of receipt, the Customer shall be deemed to have approved such statement. All collections of funds or other property paid or distributed in respect of Securities in the Accounts shall be made at the risk of the Customer. The Bank shall have no liability for any an loss occasioned by delay in the actual receipt of notice by the Bank or by its Subcustodians of any payment, redemption or other transaction regarding Securities in the Accounts in respect of which the Bank has agreed to take any action under this Agreement.
Appears in 2 contracts
Samples: Multiple Services Agreement (Brinson Funds Inc), Multiple Services Agreement (Brinson Funds Inc)
Actions of the Bank. The Bank shall follow Instructions received regarding assets held in the Accounts. However, until it receives Instructions to the contrary, the Bank will:
(a) Present for payment any Securities which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation, to the extent that the Bank or Subcustodian is actually aware of such opportunities.
(b) Execute in the name of the Customer such ownership and other certificates as may be required to obtain payments in respect of Securities.
(c) Exchange interim receipts or temporary Securities for definitive Securities.
(d) Appoint brokers and agents for any transaction involving the Securities, including, without limitation, affiliates of the Bank or any Subcustodian.
(e) Issue statements to the Customer, at times mutually agreed upon, identifying the Assets in the Accounts.
(e) Receive and collect all income and principal with respect to Securities and to credit cash receipts to the Accounts.
(f) Take non-discretionary action on mandatory corporate actions.
(g) Pay or cause to be paid, from the Accounts, any and all taxes and levies of any nature imposed on the Assets by any governmental authority in connection with custody of and transactions in such Assets.
(h) In general, attend to all nondiscretionary details in connection with the custody, sale, purchase, transfer and other dealings with the Assets held in the Accounts. The Bank will send the Customer an advice or notification of any transfers of Assets to or from the Accounts. Such statements, advices or notifications shall indicate the identity of the entity having custody of the Assets. Unless the Customer sends the Bank a written exception or objection to any Bank statement within ninety (90) the lesser of 60 days after its next semiannual audit covering any period included in the statement or 180 days of receipt, the Customer shall be deemed to have approved such statement. In such event, or where the Customer has otherwise approved any such statement, the Bank shall, to the extent permitted by law, be released, relieved and discharged with respect to all matters set forth in such statement or reasonably implied therefrom as though it had been settled by the decree of a court of competent jurisdiction in an action where the Customer and all persons having or claiming an interest in the Customer or the Customer's Accounts were parties. All collections of funds or other property paid or distributed in respect of Securities in the Accounts Custody Account shall be made at the risk of the Customer. The Bank shall have no liability for any loss occasioned by delay in the actual receipt of notice by the Bank or by its Subcustodians of any payment, redemption or other transaction regarding Securities in the Accounts Custody Account in respect of which the Bank has agreed to take any action under this Agreement. With respect to income on Securities which is not subject to AutoCredit, the Bank shall advise the Customer of a failure to receive such income in the ordinary course of business, but a failure to provide such notice shall not render the Bank liable for any such amount except to the extent such failure directly results in Customer's inability to recover such income.
Appears in 2 contracts
Samples: Global Custody Agreement (Van Eck Funds), Global Custody Agreement (Van Eck Funds)
Actions of the Bank. The Bank shall follow Instructions received regarding assets Assets held in the Accounts. However, until it receives Instructions to the contrary, the Bank will:will perform the following functions.
(a) Present for payment any Securities which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation, to the extent that the Bank or Subcustodian is actually aware of such opportunities.
(b) Execute in the name of the Customer such ownership and other certificates as may be required to obtain payments in respect of Securities.
(c) Exchange interim receipts or temporary Securities for definitive Securities.
(d) Appoint brokers and agents for any transaction involving the Securities, including, without limitation, affiliates of the Bank or any Subcustodian.
(e) Issue statements to the Customer, at times mutually agreed upon, identifying the Assets in the Accounts.
(e) Receive and collect all income and principal with respect to Securities and to credit cash receipts to the Accounts.
(f) Take non-discretionary action on mandatory corporate actions.
(g) Pay or cause to be paid, from the Accounts, any and all taxes and levies of any nature imposed on the Assets by any governmental authority in connection with custody of and transactions in such Assets.
(h) In general, attend to all nondiscretionary details in connection with the custody, sale, purchase, transfer and other dealings with the Assets held in the Accounts. The Bank will send the Customer an advice or notification of any transfers of Assets to or from the Accounts. Such statements, advices or notifications shall indicate the identity of the entity having custody of the Assets. Unless the Customer sends the Bank a written exception or objection to any Bank statement within ninety (90) sixty days of receipt, the Customer shall be deemed to have approved such statement. In such event, or where the Customer has otherwise approved any such statement, the Bank shall, to the extent permitted by law, be released, relieved and discharged with respect to all matters set forth in such statement or reasonably implied therefrom as though it had been settled by the decree of a court of competent jurisdiction in an action where the Customer and all persons having or claiming an interest in the Customer or the Customer's Accounts were parties. All collections of funds or other property paid or distributed in respect of Securities in the Accounts Custody Account shall be made at the risk of the Customer. The Bank Banks shall have no liability for any loss occasioned by delay in the actual receipt of notice by the Bank or by its Subcustodians of any payment, redemption or other transaction regarding Securities in the Accounts Custody Account in respect of which the Bank has agreed to take any action under this Agreement.
Appears in 2 contracts
Samples: Global Custody Agreement (Witter Dean European Growth Fund Inc), Global Custody Agreement (Witter Dean World Wide Income Trust)
Actions of the Bank. The Bank shall follow Instructions received regarding assets held in the Accounts. However, until it receives Instructions to the contrary, the Bank will:
(a) Present for payment any Securities which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation, to the extent that the Bank or Subcustodian is actually aware of such opportunities.
(b) Execute in the name of the Customer such ownership and other certificates as may be required to obtain payments in respect of Securities.
(c) Exchange interim receipts or temporary Securities for definitive Securities.
(d) Appoint brokers and agents for any transaction involving the Securities, including, without limitation, affiliates of the Bank or any Subcustodian.
(e) Issue monthly statements to the Customer, and at other times mutually agreed upon, identifying the Assets in the Accounts.
(e) Receive and collect all income and principal with respect to Securities and to credit cash receipts to the Accounts.
(f) Take non-discretionary action on mandatory corporate actions.
(g) Pay or cause to be paid, from the Accounts, any and all taxes and levies of any nature imposed on the Assets by any governmental authority in connection with custody of and transactions in such Assets.
(h) In general, attend to all nondiscretionary details in connection with the custody, sale, purchase, transfer and other dealings with the Assets held in the Accounts. The Bank will send the Customer an advice or notification of any transfers of Assets to or from the Accounts. Such statements, advices or notifications shall indicate the identity of the entity having custody of the Assets. Unless the Customer sends the Bank a written exception or objection to any Bank statement within ninety sixty (9060) days of receipt, the Customer shall be deemed to have approved such statement. In such event, or where the Customer has otherwise approved any such statement, the Bank shall, to the extent permitted by law, be released, relieved and discharged with respect to all matters set forth in such statement or reasonably implied therefrom as though it had been settled by the decree of a court of competent jurisdiction in an action where the Customer and all persons having or claiming an interest in the Customer or the Customer's Accounts were parties. All collections of funds or other property paid or distributed in respect of Securities in the Accounts Custody Account shall be made at the risk of the Customer. The Bank shall have no liability for any loss occasioned by delay in the actual receipt of notice by the Bank or by its Subcustodians of any payment, redemption or other transaction regarding Securities in the Accounts Custody Account in respect of which the Bank has agreed to take any action under this Agreement.
Appears in 2 contracts
Samples: Custody Agreement (Mutual of America Institutional Funds Inc), Custody Agreement (Mutual of America Investment Corp)
Actions of the Bank. The Until the Bank shall follow Instructions received regarding assets held in the Accounts. However, until it receives Instructions from ------------------- Authorized Persons to the contrary, the Bank will, or will instruct its subcustodian, to:
(a) Present present for payment any Securities in a Custody Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation, presentation to the extent that the Bank or Subcustodian subcustodian is actually aware of such opportunities.opportunities for payment, and hold cash received upon presentation of such Securities in accordance with the provisions of Sections 2, 3 and 4 hereof;
(b) Execute in respect of Securities in a Custody Account, execute in the name of the Customer Fund on behalf of the particular Portfolio involved such ownership and other certificates as may be required to obtain payments in respect of Securities.thereof;
(c) Exchange exchange interim receipts or temporary Securities in a Custody Account for definitive Securities.;
(d) Issue statements (if applicable) convert monies received with respect to Securities of foreign issue into United States dollars or any other currency necessary to effect any transaction involving the CustomerSecurities whenever it is practicable to do so through customary banking channels, at times mutually agreed uponusing any method or agency available, identifying including, but not limited to, the Assets in facilities of the Accounts.Bank, its subsidiaries, affiliates or subcustodians;
(e) Receive (if applicable) appoint brokers and collect all income and principal with respect to agents for any transaction involving the Securities and to credit cash receipts to in a Custody Account, including, without limitation, affiliates of the Accounts.Bank or any subcustodian; and
(f) Take non-discretionary action on mandatory corporate actions.
(g) Pay apply for a reduction of withholding tax and any refund of any tax paid or cause tax credits which apply in each applicable market in respect of income payments or Securities for the benefit of each Portfolio of the Fund which the Bank believes may be available to be paid, such Portfolio. The provision of tax reclaim services by the Bank is conditioned upon the Bank receiving from the AccountsFund (A) a declaration of its identity and place of residence and (B) certain other documentation (pro forma copies of which are available from the Bank) requested --- ----- by the Bank. The Fund shall provide to the Bank such documentation and information as it may request in connection with taxation, and warrants that, when given, this information shall be true and correct in every respect, not misleading in any way, and shall contain all taxes material information. The Fund undertakes to notify the Bank immediately if any such information requires updating or amendment. The Bank shall not be liable to the Fund or any third party for any tax fines or penalties payable by the Bank or the Fund, and levies shall be indemnified accordingly, whether these result from the inaccurate completion of documents by the Fund or any third party, or as a result of the provision to the Bank or any third party of inaccurate or misleading information or the withholding of material information by the Fund or any other third party, or as a result of any nature imposed on delay of any revenue authority or any other matter beyond the Assets control of the Bank. The Fund confirms that the Bank is authorized to deduct from any cash received or credited to the Deposit Account any taxes or levies required by any revenue or governmental authority in connection with custody respect of and transactions in such Assets.
(h) In general, attend to all nondiscretionary details in connection with the custody, sale, purchase, transfer and other dealings with the Assets held in the Securities or Deposit Accounts. The Bank will send shall perform tax reclaim services only with respect to taxation levied by the Customer an advice or notification of any transfers of Assets to or from the Accounts. Such statements, advices or notifications shall indicate the identity revenue authorities of the entity having custody of countries notified to the Assets. Unless the Customer sends Fund from time to time and the Bank a written exception may, by notification in writing, at its absolute discretion, supplement or objection to any Bank statement within ninety (90) days of receiptamend the markets in which the tax reclaim services are offered. Other than as expressly provided in this clause, the Customer shall be deemed to have approved such statement. All collections of funds or other property paid or distributed in respect of Securities in the Accounts shall be made at the risk of the Customer. The Bank shall have no liability responsibility with regard to the Fund's tax position or status in any jurisdiction. The Fund confirms that the Bank is authorized to disclose any information requested by any revenue authority or any governmental body in relation to the Fund or the Securities and/or cash held for any loss occasioned by delay in the actual receipt of notice Fund. Tax reclaim services may be provided by the Bank or, in whole or in part, by its Subcustodians one or more third parties appointed by the Bank (which may be affiliates of the Bank), provided that the Bank shall be liable for the performance of any payment, redemption or other transaction regarding Securities in such third party to the Accounts in respect of which same extent as the Bank has agreed to take any action under this Agreementwould have been if it performed such services itself.
Appears in 2 contracts
Samples: Custody Agreement (Excelsior Funds Inc), Custody Agreement (Excelsior Institutional Trust)
Actions of the Bank. The Bank shall follow Instructions received regarding assets Assets held in the Accounts. However, until it receives Instructions to the contrary, contrary the Bank will:will perform the following functions.
(a) Present for payment any Securities which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation, to the extent that the Bank or Subcustodian is actually aware of such opportunities.
(b) Execute in the name of the Customer such ownership and other certificates as may be required to obtain payments in respect of Securities.
(c) Exchange interim receipts or temporary Securities for definitive Securities.
(d) Appoint brokers and agents for any transaction involving the Securities, including, without limitation, affiliates of the Bank or any Subcustodian.
(e) Issue statements to the Customer, at times mutually agreed upon, identifying the Assets in the Accounts.
(e) Receive and collect all income and principal with respect to Securities and to credit cash receipts to the Accounts.
(f) Take non-discretionary action on mandatory corporate actions.
(g) Pay or cause to be paid, from the Accounts, any and all taxes and levies of any nature imposed on the Assets by any governmental authority in connection with custody of and transactions in such Assets.
(h) In general, attend to all nondiscretionary details in connection with the custody, sale, purchase, transfer and other dealings with the Assets held in the Accounts. The Bank will send the Customer an advice or notification of any transfers of Assets to or from the Accounts. Such statements, advices or notifications shall indicate the identity of the entity having custody of the Assets. Unless the Customer sends the Bank a written exception or objection to any Bank statement within ninety (90) sixty days of receipt, the Customer shall be deemed to have approved such statement. In such event, or where the Customer has otherwise approved any such statement, the Bank shall, to the extent permitted by law, be released, relieved and discharged with respect to all matters set forth in such statement or reasonably implied therefrom as though it had been settled by the decree of a court of competent jurisdiction in an action where the Customer and all persons having or claiming an interest in the Customer or the Customer's Accounts were parties. All collections of funds or other property properly paid or distributed in respect of Securities in the Accounts Custody Account shall be made at the risk of the Customer. The Bank shall have no liability for any loss occasioned by delay in the actual receipt of notice by the Bank or by its Subcustodians of any payment, redemption or other transaction regarding Securities in the Accounts Custody Account in respect of which the Bank has agreed to take any action under this Agreement.
Appears in 1 contract
Actions of the Bank. The Bank shall follow Instructions received regarding assets held in the Accounts. However, until it receives Instructions to the contrary, the Bank will:
(a) Present for payment any Securities which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation, to the extent that the Bank or Subcustodian Bank's central corporate actions department is actually aware of such opportunities.
(b) Execute in the name of the Customer such ownership and other certificates as may be required to obtain payments in respect of Securities.
(c) Exchange interim receipts or temporary Securities for definitive Securities.
(d) Issue statements to the Customer, at times mutually agreed upon, identifying the Assets in the Accounts.
(e) Receive and collect all income and principal with respect to Securities and to credit cash receipts to the Accounts.
(f) Take non-discretionary action on mandatory corporate actions.
(g) Pay or cause to be paid, from the Accounts, any and all taxes and levies of any nature imposed on the Assets by any governmental authority in connection with custody of and transactions in such Assets.
(h) In general, attend to all nondiscretionary details in connection with the custody, sale, purchase, transfer and other dealings with the Assets held in the Accounts. The Bank will send the Customer an advice or notification of any transfers of Assets to or from the Accounts. Such statements, advices or notifications shall indicate the identity of the entity having custody of the Assets. Unless the Customer sends the Bank a written exception or objection to any Bank statement within ninety (90) days of receipt, the Customer shall be deemed to have approved such statement. All collections of funds or other property paid or distributed in respect of Securities in the Accounts shall be made at the risk of the Customer. The Bank shall have no liability for any loss occasioned by delay in the actual receipt of notice by the Bank or by its Subcustodians of any payment, redemption or other transaction regarding Securities in the Accounts in respect of which the Bank has agreed to take any action under this Agreement.
Appears in 1 contract
Samples: Multiple Services Agreement (Sma Relationship Trust)
Actions of the Bank. The Bank shall follow Instructions received regarding assets Assets held in the Accounts. However, until it receives Instructions to the contrary, the Bank will:will perform the following functions.
(a) Present for payment any Securities which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation, to the extent that the Bank or Subcustodian is actually aware of such opportunities.
(b) Execute in the name of the Customer such ownership and other certificates as may be required to obtain payments in respect of Securities.
(c) Exchange interim receipts or temporary Securities for definitive Securities.
(d) Appoint brokers and agents for any transaction involving the Securities, including, without limitation, affiliates of the Bank or any Subcustodian.
(e) Issue statements to the Customer, at times mutually agreed upon, identifying the Assets in the Accounts.
(e) Receive and collect all income and principal with respect to Securities and to credit cash receipts to the Accounts.
(f) Take non-discretionary action on mandatory corporate actions.
(g) Pay or cause to be paid, from the Accounts, any and all taxes and levies of any nature imposed on the Assets by any governmental authority in connection with custody of and transactions in such Assets.
(h) In general, attend to all nondiscretionary details in connection with the custody, sale, purchase, transfer and other dealings with the Assets held in the Accounts. The Bank will send the Customer an advice or notification of any transfers of Assets to or from the Accounts. Such statements, advices or notifications shall indicate the identity of the entity having custody of the Assets. Unless the Customer sends the Bank a written exception or objection to any Bank statement within ninety (90) sixty days of receipt, the Customer shall be deemed to have approved such statement. In such event, or where the Customer has otherwise approved any such statement, the Bank shall, to the extent permitted by law, be released, relieved and discharged with respect to all matters set forth in such statement or reasonably implied therefrom as though it had been settled by the decree of a court of competent jurisdiction in an action where the Customer and all persons having or claiming an interest in the Customer or the Customer's Accounts were parties. 4 All collections of funds or other property paid or distributed in respect of Securities in the Accounts Custody Account shall be made at the risk of the Customer. The Bank shall have no liability for any loss occasioned by delay in the actual receipt of notice by the Bank or by its Subcustodians of any payment, redemption or other transaction regarding Securities in the Accounts Custody Account in respect of which the Bank has agreed to take any action under this Agreement.
Appears in 1 contract
Samples: Global Custody Agreement (Merrill Lynch Fundamental Growth Fund Inc)
Actions of the Bank. The Bank shall follow Instructions received regarding assets Assets held in the Accounts. However, until it receives Instructions to the contrary, the Bank will:will perform the following functions.
(a) Present for payment any Securities which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation, to the extent that the Bank or Subcustodian is actually aware of such opportunities.
(b) Execute in the name of the Customer such ownership and other certificates as may be required to obtain payments in respect of Securities.
(c) Exchange interim receipts or temporary Securities for definitive Securities.
(d) Appoint brokers and agents for any transaction involving the Securities, including, without limitation, affiliates of the Bank or any Subcustodian.
(e) Issue statements to the Customer, at times mutually agreed upon, identifying the Assets in the Accounts.
(e) Receive and collect all income and principal with respect to Securities and to credit cash receipts to the Accounts.
(f) Take non-discretionary action on mandatory corporate actions.
(g) Pay or cause to be paid, from the Accounts, any and all taxes and levies of any nature imposed on the Assets by any governmental authority in connection with custody of and transactions in such Assets.
(h) In general, attend to all nondiscretionary details in connection with the custody, sale, purchase, transfer and other dealings with the Assets held in the Accounts. The Bank will send the Customer an advice or notification of any transfers of Assets to or from the Accounts. Such statements, advices or notifications shall indicate the identity of the entity having custody of the Assets. Unless the Customer sends the Bank a written exception or objection to any Bank statement within ninety (90) sixty days of receipt, the Customer shall be deemed to have approved such statement. In such event, or where the Customer has otherwise approved any such statement, the Bank shall, to the extent permitted by law, be released, relieved and discharged with respect to all matters set forth in such statement or reasonably implied therefrom as though it had been settled by the decree of a court of competent Jurisdiction in an action where the Customer and all persons having or claiming an interest in the Customer or the Customer's Accounts were parties. 3 All collections of funds or other property paid or distributed in respect of Securities in the Accounts Custody Account shall be made at the risk of the Customer. The Bank shall have no liability for any loss occasioned by delay in the actual receipt of notice by the Bank or by its Subcustodians of any payment, redemption or other transaction regarding Securities in the Accounts Custody Account in respect of which the Bank has agreed to take any action under this Agreement.
Appears in 1 contract
Samples: Custody Agreement (Merrill Lynch Developing Capital Markets Fund Inc)
Actions of the Bank. The Bank shall follow Instructions received regarding assets held in the Accounts. However, until it receives Instructions to the contrary, the Bank will:
(a) Present for payment any Securities which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation, to the extent that the Bank or Subcustodian is actually aware of such opportunities.
(b) Execute in the name of the Customer such ownership and other certificates as may be required to obtain payments in respect of Securities.
(c) Exchange interim receipts or temporary Securities for definitive Securities.
(d) Appoint brokers and agents for any transaction involving the Securities, including, without limitation, affiliates of the Bank or any Subcustodian, subject to applicable SEC rules and regulations under the Act.
(e) Issue statements to the Customer, at times mutually agreed upon, identifying the Assets in the Accounts.
(e) Receive and collect all income and principal with respect to Securities and to credit cash receipts to the Accounts.
(f) Take non-discretionary action on mandatory corporate actions.
(g) Pay or cause to be paid, from the Accounts, any and all taxes and levies of any nature imposed on the Assets by any governmental authority in connection with custody of and transactions in such Assets.
(h) In general, attend to all nondiscretionary details in connection with the custody, sale, purchase, transfer and other dealings with the Assets held in the Accounts. The Bank will send the Customer an advice or notification of any transfers of Assets to or from the Accounts. Such statements, advices or notifications shall indicate the identity of the entity having custody of the Assets. Unless the Customer advises the Bank orally and then promptly sends the Bank a written exception or objection to any Bank statement within ninety (90) 180 days of receipt, the Customer shall be deemed to have approved such statement. All collections of funds or other property paid or distributed in respect of Securities in the Accounts Custody Account shall be made at the risk of the Customer. The Subject to the standard of care in ss.12 hereof, the Bank shall have no liability for any loss occasioned by delay in the actual receipt of notice by the Bank or by its Subcustodians of any payment, redemption or other transaction regarding Securities in the Accounts Custody Account in respect of which the Bank has agreed to take any action under this Agreement.
Appears in 1 contract
Samples: Global Custody Agreement (Delaware Group Equity Funds Ii)
Actions of the Bank. The Bank shall follow Instructions received regarding assets Assets held in the Accounts. However, until it receives Instructions to the contrary, the Bank willwill and will instruct each Subcustodian to:
(a) Deposit all cash received by the Bank in a Deposit Account and all cash received by a Subcustodian in a deposit account maintained in the name of the Bank with the Subcustodian for credit to a Deposit Account.
(b) Accept, open and act appropriately with respect to all mail directed to the Customer in care of the Bank or a Subcustodian.
(c) Disclose the Customer's name, address and securities position to the issuers of securities when requested to do so by them and approved by the Customer.
(d) Present for payment any Securities which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation, to the extent that the Bank or Subcustodian is actually aware of such opportunitiesopportunities and hold monies received upon such presentations for credit to a Deposit Account.
(be) Execute in the name of the Customer such ownership and other certificates as may be required to obtain payments in respect of Securities.
(cf) Exchange interim receipts or temporary Securities for definitive Securities.
(dg) Issue Appoint brokers and agents for any transaction involving the Securities, including, without limitation, affiliates of the Bank or any Subcustodian.
(h) At least monthly and from time to time, issue statements to the Customer, at times mutually agreed upon, Customer identifying the Assets in the Accounts.
(e) Receive and collect all income and principal with respect to Securities and to credit cash receipts to . Promptly after the Accounts.
(f) Take non-discretionary action on mandatory corporate actions.
(g) Pay or cause to be paidclose of business each day, from the Accounts, any and all taxes and levies of any nature imposed on the Assets by any governmental authority in connection with custody of and transactions in such Assets.
(h) In general, attend to all nondiscretionary details in connection with the custody, sale, purchase, transfer and other dealings with the Assets held in the Accounts. The Bank will send the Customer an advice or notification of any transfers of Assets to or from the AccountsAccounts during the said day. Such statements, advices or notifications shall indicate the identity of the entity having custody of the Assets. Unless the Customer sends the Bank a written exception or objection to the contents of any Bank statement within ninety sixty (9060) days of receipt, the Customer shall be deemed to have approved such statement. In such event, or where the Customer has otherwise approved any such statement, the Bank shall, to the extent permitted by law, be released, relieved and discharged with respect to all matters set forth in such statement or reasonably implied therefrom as though it had been settled by the decree of a court of competent jurisdiction in an action where the Customer and all persons having or claiming an interest in the Customer or the Customer's Accounts were parties.
(i) At such times reasonably requested by the Customer (it is agreed that annual requests are reasonable), provide information with respect to the Subcustodians including, but not limited to, information regarding corporate structure and capital adequacy.
(j) Promptly provide the Customer with notice of any significant amendment of any subcustodian agreement pursuant to which the assets of the Customer are held.
(k) Promptly notify the Customer if, to the Bank's knowledge, any Subcustodian ceases to be an "Eligible Foreign Custodian" within the meaning of paragraph (c)(2) of Rule 17f-5 under the Investment Company Act of 1940 (or any successor provision). All collections of funds or other property paid or distributed in respect of Securities in the Accounts Custody Account shall be made at the risk of the Customer. The Bank shall have no liability for any loss occasioned by delay in the actual receipt of notice by the Bank or by its Subcustodians of any payment, redemption or other transaction regarding Securities in the Accounts Custody Account in respect of which the Bank has agreed to take any action under this Agreement.
Appears in 1 contract
Actions of the Bank. The Bank shall follow Instructions received regarding assets Assets held in the Accounts. However, until it receives Instructions to the contrary, the Bank will:will perform the following functions.
(a) Present for payment any Securities which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation, to the extent that the Bank or Subcustodian is actually aware of such opportunities.
(b) Execute in the name of the Customer such ownership and other certificates as may be required to obtain payments in respect of Securities.
(c) Exchange interim receipts or temporary Securities for definitive Securities.
(d) Appoint brokers and agents for any transaction involving the Securities, including, without limitation, affiliates of the Bank or any Subcustodian.
(e) Issue statements to the Customer, at times mutually agreed upon, identifying the Assets in the Accounts.
(e) Receive and collect all income and principal with respect to Securities and to credit cash receipts to the Accounts.
(f) Take non-discretionary action on mandatory corporate actions.
(g) Pay or cause to be paid, from the Accounts, any and all taxes and levies of any nature imposed on the Assets by any governmental authority in connection with custody of and transactions in such Assets.
(h) In general, attend to all nondiscretionary details in connection with the custody, sale, purchase, transfer and other dealings with the Assets held in the Accounts. The Bank will send the Customer an advice or notification of any transfers transfer of Assets to or from the Accounts. Such statements, advices or notifications shall indicate the identity of the entity having custody of the Assets. Unless the Customer sends the Bank a written exception or objection to any Bank statement within ninety (90) sixty days of receipt, the Customer shall be deemed to have approved such statement. In such event, or where the Customer has otherwise approved any such statement, the Bank shall, to the extent permitted by law, be released, relieved and discharged with respect to all matters set forth in such statement or reasonably implied therefrom as though it had been settled by the decree of a court of competent jurisdiction in an action where the Customer and all persons having or claiming an interest in the Customer or the Customer's Accounts were parties. All collections of funds or other property paid or distributed in respect of Securities in the Accounts Custody Account shall be made at the risk of the Customer. The Bank Banks shall have no liability for any loss occasioned by delay in the actual receipt of notice by the Bank or by its Subcustodians of any payment, redemption or other transaction regarding Securities in the Accounts Custody Account in respect of which the Bank has agreed to take any action under this Agreement.
Appears in 1 contract
Samples: Global Custody Agreement (Dean Witter Global Short Term Income Fund Inc)
Actions of the Bank. The Bank shall follow Instructions received regarding assets held in the Accounts. However, until it receives Instructions to the contrary, the Bank will:
(a) Present for payment any Securities which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation, to the extent that the Bank or Subcustodian is actually aware of such opportunities.
(b) Execute in the name of the Customer Fund such ownership and other certificates as may be required to obtain payments in respect of Securities.
(c) Exchange interim receipts or temporary Securities for definitive Securities.
(d) Appoint brokers and agents for any transaction involving the Securities, including, without limitation, affiliates of the Bank or any Subcustodian.
(e) Issue statements to the CustomerCustomer and the Fund, at times mutually agreed upon, identifying the Assets in the Accounts.
(e) Receive and collect all income and principal with respect to Securities and to credit cash receipts to the Accounts.
(f) Take non-discretionary action on mandatory corporate actions.
(g) Pay or cause to be paid, from the Accounts, any and all taxes and levies of any nature imposed on the Assets by any governmental authority in connection with custody of and transactions in such Assets.
(h) In general, attend to all nondiscretionary details in connection with the custody, sale, purchase, transfer and other dealings with the Assets held in the Accounts. The Bank will send the Customer and the Fund an advice or notification of any transfers of Assets to or from the Accounts. Such statements, advices or notifications shall indicate the identity of the entity having custody of the Assets. Unless the Customer or the Fund sends the Bank a written exception or objection to any Bank statement within ninety sixty (9060) days of receipt, the Customer and the Fund shall be deemed to have approved such statement. In such event, or where the Customer or the Fund has otherwise approved any such statement, the Bank shall, to the extent permitted by law, be 4 released, relieved and discharged with respect to all matters set forth in such statement or reasonably implied therefrom as though it had been settled by the decree of a court of competent jurisdiction in an action where the Customer and the Fund and all persons having or claiming an interest in the Accounts were parties. All collections of funds or other property paid or distributed in respect of Securities in the Accounts Custody Account shall be made at the risk of the CustomerCustomer and the Fund. The Bank shall have no liability for any loss occasioned by delay in the actual receipt of notice by the Bank or by its Subcustodians of any payment, redemption or other transaction regarding Securities in the Accounts Custody Account in respect of which the Bank has agreed to take any action under this Agreement.
Appears in 1 contract
Samples: Global Custody Tri Party Agreement (Hotchkis & Wiley Funds)
Actions of the Bank. The Bank shall follow Instructions received regarding assets Assets held in the Accounts. However, until it receives Instructions to the contrary, the Bank willwill and will instruct each Subcustodian to:
(a) Deposit all cash received by the Bank in a Deposit Account and all cash received by a Subcustodian in a deposit account maintained in the name of the Bank with the Subcustodian for credit to a Deposit Account.
(b) Accept, open and act appropriately with respect to all mail directed to the Customer in care of the Bank or a Subcustodian.
(c) Disclose the Customer's name, address and securities position to the issuers of securities when requested to do so by them and approved by the Customer.
(d) Present for payment any Securities which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation, to the extent that the Bank or Subcustodian is actually aware of such opportunitiesopportunities and hold monies received upon such presentations for credit to a Deposit Account.
(be) Execute in the name of the Customer such ownership and other certificates as may be required to obtain payments in respect of Securities.
(cf) Exchange interim receipts or temporary Securities for definitive Securities.
(dg) Issue Appoint brokers and agents for any transaction involving the Securities, including, without limitation, affiliates of the Bank or any Subcustodian.
(h) At least monthly and from time to time, issue statements to the Customer, at times mutually agreed upon, Customer identifying the Assets in the Accounts.
(e) Receive and collect all income and principal with respect to Securities and to credit cash receipts to . Promptly after the Accounts.
(f) Take non-discretionary action on mandatory corporate actions.
(g) Pay or cause to be paidclose of business each day, from the Accounts, any and all taxes and levies of any nature imposed on the Assets by any governmental authority in connection with custody of and transactions in such Assets.
(h) In general, attend to all nondiscretionary details in connection with the custody, sale, purchase, transfer and other dealings with the Assets held in the Accounts. The Bank will send the Customer an advice or notification of any transfers of Assets to or from the AccountsAccounts during the said day. Such statements, advices advice or notifications shall indicate the identity of the entity having custody of the Assets. Unless the Customer sends the Bank a written exception or objection to the contents of any Bank statement within ninety sixty (9060) days of receipt, the Customer shall be deemed to have approved such statement. In such event, or where the Customer has otherwise approved any such statement, the Bank shall, to the extent permitted by law, be released, relieved and discharged with respect to all matters set forth in such statement or reasonably implied therefrom as though it had been settled by the decree of a court of competent jurisdiction in an action where the Customer and all persons having or claiming an interest in the Customer or the Customer's Accounts were parties.
(i) At such times reasonably requested by the Customer (it is agreed that annual requests are reasonable), provide information with respect to the Subcustodians including, but not limited to, information regarding corporate structure and capital adequacy.
(j) Promptly provide the Customer with notice of any significant amendment of any subcustodian agreement pursuant to which the assets of the Customer are held.
(k) Promptly notify the Customer if, to the Bank's knowledge, any Subcustodian ceases to be an "Eligible Foreign Custodian" within the meaning of paragraph (c)(2) of Rule 17f5 under the Investment Company Act of 1940 (or any successor provision). All collections of funds or other property paid or distributed in respect of Securities in the Accounts Custody Account shall be made at the risk of the Customer. The Bank shall have no liability for any loss occasioned by delay in the actual receipt of notice by the Bank or by its Subcustodians of any payment, redemption or other transaction regarding Securities in the Accounts Custody Account in respect of which the Bank has agreed to take any action under this Agreement.
Appears in 1 contract
Actions of the Bank. The Bank shall follow Instructions received regarding assets Assets held in the Accounts. However, until it receives Instructions to the contrary, the Bank will:will perform the following functions.
(a) Present for payment any Securities which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation, to the extent that the Bank or Subcustodian is actually aware of such opportunities.
(b) Execute in the name of the Customer such ownership and other certificates as may be required to obtain payments in respect of Securities.
(c) Exchange interim receipts or temporary Securities for definitive Securities.
(d) Appoint brokers and agents for any transaction involving the Securities, including, without limitation, affiliates of the Bank or any Subcustodian.
(e) Issue statements to the Customer, at times mutually agreed upon, identifying the Assets in the Accounts.
(e) Receive and collect all income and principal with respect to Securities and to credit cash receipts to the Accounts.
(f) Take non-discretionary action on mandatory corporate actions.
(g) Pay or cause to be paid, from the Accounts, any and all taxes and levies of any nature imposed on the Assets by any governmental authority in connection with custody of and transactions in such Assets.
(h) In general, attend to all nondiscretionary details in connection with the custody, sale, purchase, transfer and other dealings with the Assets held in the Accounts. The Bank will send the Customer an advice or notification of any transfers of Assets to or from the Accounts. Such statements, ,advices or notifications shall indicate the identity of the entity having custody of the Assets. Unless the Customer sends the Bank a written exception or objection to any Bank statement within ninety (90) sixty days of receipt, the Customer shall be deemed to have approved such statement. In such event, or where the Customer has otherwise approved any such statement, the Bank shall, to the extent permitted by law, be released, relieved and discharged with respect to all matters set forth in such statement or reasonably implied therefrom as though it had been settled by the decree of a court of competent jurisdiction in an action where the Customer and all persons having or claiming an interest in the Customer or the Customer's Accounts were parties. All collections of funds or other property paid or distributed in respect of Securities in the Accounts Custody Account shall be made at the risk of the Customer. The Bank shall have no liability for any loss occasioned by delay in the actual receipt of notice by the Bank or by its Subcustodians of any payment, redemption or other transaction regarding Securities in the Accounts Custody Account in respect of which the Bank has agreed to take any action under this Agreement.
Appears in 1 contract