Actions Which May be Taken Without Instructions. Unless an Instruction to the contrary is received, the Custodian shall: (1) Collect all income due or payable, provided that the Custodian shall not be responsible for the failure to receive payment of (or late payment of) distributions or other payments with respect to Assets held in the account; (2) Present for payment and collect the amount payable upon all Assets which may mature or be called, redeemed, retired or otherwise become payable. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments which are owned by the Series and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series for any loss by the Series for any missed payments or other defaults resulting therefrom, unless the Custodian received timely notification from the Series specifying the time, place and manner for the presentment of any such put bond owned by the Series and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series with respect to put bonds or similar instruments; (3) Surrender Securities in temporary form for definitive Securities; (4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that Series; (5) Submit or cause to be submitted to the applicable Series or its investment advisor as designated by the Fund information actually received by the Custodian regarding ownership rights, including proxies pertaining to Assets held for the applicable Series; (6) Deliver or cause to be delivered any Securities held for the applicable Series in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege; (7) Deliver or cause to be delivered any Securities held for the applicable Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery; (8) Make or cause to be made such transfers or exchanges of the Assets specifically allocated to the applicable Series and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable Series; (9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the Series; (10) Deliver Securities owned by the applicable Series to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments which are owned by the Series and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series for any loss by the Series for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Series specifying the time, place and manner for the presentment of any such put bond owned by the Series and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices received; (11) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable Series; (12) Report the Asset positions of a Series as of such dates as the Fund and the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets comprising a Series. No representation is made by the Custodian as to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series provided by the Custodian; and (13) Execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement.
Appears in 31 contracts
Samples: Mutual Fund Custody and Services Agreement (Ivy Variable Insurance Portfolios), Mutual Fund Custody and Services Agreement (Ivy Funds), Mutual Fund Custody and Services Agreement (Delaware Investments National Municipal Income Fund)
Actions Which May be Taken Without Instructions. Unless an Instruction to the contrary is received, the Custodian shall:
(1) Collect all income due or payable, provided that the Custodian shall not be responsible for the failure to receive payment of (or late payment of) distributions or other payments with respect to Assets Securities or other property held in the account;
(2) Present for payment and collect the amount payable upon all Assets Securities which may mature or be called, redeemed, retired or otherwise become payable. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments which are owned by the Series Fund and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodian. Nor The Custodian shall the Custodian have any no responsibility or liability to the Series Fund for any loss by the Series Fund for any missed payments or other defaults resulting therefromtherefrom when information is not published in sources routinely used by the Custodian, unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series Fund with respect to put bonds or similar instruments;
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series Fund all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that Seriesthe Fund;
(5) Submit or cause to be submitted to the applicable Series Fund or its investment advisor advisor, as designated by the Fund Fund, information actually received by the Custodian regarding ownership rights, including proxies rights pertaining to Assets property held for the applicable SeriesFund;
(6) Deliver or cause to be delivered any Securities held for the applicable Series Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(8) Make or cause to be made such transfers or exchanges of the Assets specifically allocated to the applicable Series and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable Series;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the SeriesFund;
(10) 8) Deliver Securities owned by the applicable Series Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments which are owned by the Series Fund and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodian. Nor The Custodian shall the Custodian have any no responsibility or liability to the Series Fund for any loss by the Series Fund for any missed payment or other default resulting therefrom when information is not published in sources routinely used by the Custodian, unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series Fund for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series Fund with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices receivedinvestments;
(119) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable Series;
(12) Report the Asset positions of a Series as of such dates as the Fund and the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets comprising a Series. No representation is made by the Custodian as to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series provided by the Custodian; and
(1310) Execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement.
Appears in 27 contracts
Samples: Mutual Fund Custody and Services Agreement (Dreyfus Dynamic Alternatives Fund, Inc.), Mutual Fund Custody and Services Agreement (Dreyfus Premier Tp Balanced Fund), Mutual Fund Custody and Services Agreement (Dreyfus Fixed Income Securities)
Actions Which May be Taken Without Instructions. Unless an Instruction to the contrary is received, the Custodian shall:
(1) Collect all income due or payable, provided that the Custodian shall not be responsible for the failure to receive payment of (or late payment of) distributions or other payments with respect to Assets Securities or other property held in the account;
(2) Present for payment and collect the amount payable upon all Assets Securities which may mature or be called, redeemed, retired or otherwise become payable. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments which are owned by the Series and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series for any loss by the Series Fund for any missed payments or other defaults resulting therefrom, unless the Custodian received timely notification from the Series specifying the time, place and manner for the presentment of any such put bond owned by the Series and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series with respect to put bonds or similar instruments, but shall provide the Series with such information as may be received;
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that Series;
(5) Submit or cause to be submitted to the applicable Series or its investment advisor as designated by the Fund information actually received by the Custodian regarding ownership rights, including proxies rights pertaining to Assets property held for the applicable Series;
(6) Deliver or cause to be delivered any Securities held for the applicable Series in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(8) Make or cause to be made such transfers or exchanges of the Assets assets specifically allocated to the applicable Series and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable Series;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the Series;
(10) Deliver Securities owned by the applicable Series to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments which are owned by the Series and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series for any loss by the Series for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Series specifying the time, place and manner for the presentment of any such put bond owned by the Series and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series with respect to put bonds or similar investments investments, but shall provide the Fund with such information concerning such notices as may be received;
(11) Endorse Give the Series written notice (which may be electronic) of Corporate Actions (defined below) whenever the Custodian receives information concerning the property held hereunder which requires discretionary action by the beneficial owners of such property (other than a proxy), such as subscription rights, bonus issues, stock repurchase plans and collect all checksrights offerings, drafts or legal notices or other orders for the payment of money received by the Custodian for the account of the applicable Series;
(12) Report the Asset positions of a Series as of such dates as the Fund and the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s service provider or agent) as general information and is not material intended to be a comprehensive summary or report of the value of the Assets comprising a Series. No representation is made by the Custodian as transmitted to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series provided by the Custodian; and
holders (13) Execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement."Corporate Actions"
Appears in 14 contracts
Samples: Mutual Fund Custody and Services Agreement (Voyageur Investment Trust), Mutual Fund Custody and Services Agreement (Delaware Pooled Trust Inc), Mutual Fund Custody and Services Agreement (Voyageur Mutual Funds)
Actions Which May be Taken Without Instructions. Unless an Instruction to the contrary is received, the Custodian shall:
(1) Collect all income due or payable, provided that the Custodian shall not be responsible for the failure to receive payment of (or late payment of) distributions or other payments with respect to Assets held in the account;
(2) Present for payment and collect the amount payable upon all Assets which may mature or be called, redeemed, retired or otherwise become payable. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments which are owned by the Series and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series for any loss by the Series for any missed payments or other defaults resulting therefrom, unless the Custodian received timely notification from the Series specifying the time, place and manner for the presentment of any such put bond owned by the Series and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series with respect to put bonds or similar instruments;
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that Series;
(5) Submit or cause to be submitted to the applicable Series or its investment advisor as designated by the Fund information actually received by the Custodian regarding ownership rights, including proxies pertaining to Assets held for the applicable Series;
(6) Deliver or cause to be delivered any Securities held for the applicable Series in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(8) Make or cause to be made such transfers or exchanges of the Assets specifically allocated to the applicable Series and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable Series;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the Series;
(10) Deliver Securities owned by the applicable Series to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments which are owned by the Series and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series for any loss by the Series for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Series specifying the time, place and manner for the presentment of any such put bond owned by the Series and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices received;
(11) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable Series;
(12) Report the Asset positions of a Series as of such dates as the Fund and the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s 's service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets comprising a Series. No representation is made by the Custodian as to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series provided by the Custodian; and
(13) Execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement.
Appears in 10 contracts
Samples: Mutual Fund Custody and Services Agreement (Delaware Group Global & International Funds Inc), Mutual Fund Custody and Services Agreement (Delaware Group Equity Funds Iv), Mutual Fund Custody and Services Agreement (Delaware Group Limited Term Government Funds)
Actions Which May be Taken Without Instructions. Unless an ------------------------------------------------------ Instruction to the contrary is received, the Custodian shall:
(1) Collect all income due or payable, provided that the Custodian shall not be responsible for the failure to receive payment of (or late payment of) distributions or other payments with respect to Assets Securities or other property held in the account;
(2) Present for payment and collect the amount payable upon all Assets Securities which may mature or be called, redeemed, retired or otherwise become payable. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments which are owned by the Series Fund and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodian. Nor The Custodian shall the Custodian have any no responsibility or liability to the Series Fund for any loss by the Series Fund for any missed payments or other defaults resulting therefromtherefrom when information is not published in sources routinely used by the Custodian, unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series Fund with respect to put bonds or similar instruments;
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series Fund all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that Seriesthe Fund;
(5) Submit or cause to be submitted to the applicable Series Fund or its investment advisor advisor, as designated by the Fund Fund, information actually received by the Custodian regarding ownership rights, including proxies rights pertaining to Assets property held for the applicable SeriesFund;
(6) Deliver or cause to be delivered any Securities held for the applicable Series Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(8) Make or cause to be made such transfers or exchanges of the Assets specifically allocated to the applicable Series and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable Series;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the SeriesFund;
(10) 8) Deliver Securities owned by the applicable Series Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments which are owned by the Series Fund and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodian. Nor The Custodian shall the Custodian have any no responsibility or liability to the Series Fund for any loss by the Series Fund for any missed payment or other default resulting therefrom when information is not published in sources routinely used by the Custodian, unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series Fund for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series Fund with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices receivedinvestments;
(119) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable Series;
(12) Report the Asset positions of a Series as of such dates as the Fund and the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets comprising a Series. No representation is made by the Custodian as to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series provided by the Custodian; and
(1310) Execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement.
Appears in 8 contracts
Samples: Mutual Fund Custody and Services Agreement (Dreyfus Socially Responsible Growth Fund Inc), Mutual Fund Custody and Services Agreement (Dreyfus Appreciation Fund Inc), Mutual Fund Custody and Services Agreement (Dreyfus a Bonds Plus Inc)
Actions Which May be Taken Without Instructions. Unless an Instruction to the contrary is received, the Custodian shall:
(1) Collect all income due or payable, provided that the Custodian shall not be responsible for the failure to receive payment of (or late payment of) distributions or other payments with respect to Assets Securities or other property held in the account;
(2) Present for payment and collect the amount payable upon all Assets Securities which may mature or be called, redeemed, retired or otherwise become payable. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments which are owned by the Series and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series for any loss by the Series for any missed payments or other defaults resulting therefrom, unless the Custodian received timely notification from the Series specifying the time, place and manner for the presentment of any such put bond owned by the Series and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series with respect to put bonds or similar instruments;
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that Series;
(5) Submit or cause to be submitted to the applicable Series or its investment advisor as designated by the Fund information actually received by the Custodian regarding ownership rights, including proxies rights pertaining to Assets property held for the applicable Series;
(6) Deliver or cause to be delivered any Securities held for the applicable Series in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(8) Make or cause to be made such transfers or exchanges of the Assets assets specifically allocated to the applicable Series and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable Series;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the Series;
(10) Deliver Securities owned by the applicable Series to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments which are owned by the Series and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series for any loss by the Series for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Series specifying the time, place and manner for the presentment of any such put bond owned by the Series and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices receivedinvestments;
(11) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable Series;
(12) Report the Asset positions of a Series as of such dates as the Fund and the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets comprising a Series. No representation is made by the Custodian as to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series provided by the Custodian; and
(1312) Execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement.
Appears in 6 contracts
Samples: Custody Agreement (American Independence Funds Trust), Custody Agreement (American Independence Funds Trust), Custody Agreement (American Independence Funds Trust)
Actions Which May be Taken Without Instructions. Unless an Instruction to the contrary is received, the Custodian shall:
(1) Collect all income due or payable, provided that the Custodian shall not be responsible for the failure to receive payment of (or late payment of) distributions or other payments with respect to Assets Securities or other property held in the account;
(2) Present for payment and collect the amount payable upon all Assets Securities which may mature or be called, redeemed, retired or otherwise become payable. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments which are owned by the Series Fund and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series Fund for any loss by the Series Fund for any missed payments or other defaults resulting therefrom, unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series Fund with respect to put bonds or similar instruments;
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series Fund all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that Seriesthe Fund;
(5) Submit or cause to be submitted to the applicable Series Fund or its investment advisor as designated by the Fund information actually received by the Custodian regarding ownership rights, including proxies rights pertaining to Assets property held for the applicable SeriesFund;
(6) Deliver or cause to be delivered any Securities held for the applicable Series Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(8) Make or cause to be made such transfers or exchanges of the Assets assets specifically allocated to the applicable Series Fund and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable SeriesFund;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the SeriesFund;
(10) Deliver Securities owned by the applicable Series Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments which are owned by the Series Fund and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series Fund for any loss by the Series Fund for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series Fund for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series Fund with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices receivedinvestments;
(11) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable Series;
(12) Report the Asset positions of a Series as of such dates as the Fund and the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets comprising a Series. No representation is made by the Custodian as to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series provided by the Custodian; and
(1312) Execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement.
Appears in 5 contracts
Samples: Mutual Fund Custody and Services Agreement (Gabelli Go Anywhere Trust), Mutual Fund Custody and Services Agreement (Gabelli Global Healthcare & WellnessRx Trust), Mutual Fund Custody and Services Agreement (Gabelli Global Gold, Natural Resources & Income Trust)
Actions Which May be Taken Without Instructions. Unless an Instruction to the contrary is received, the Custodian shall:
(1) Collect all income due or payable, provided that the Custodian shall not be responsible for the failure to receive payment of (or late payment of) distributions or other payments with respect to Assets Securities or other property held in the account;
(2) Present for payment and collect the amount payable upon all Assets Securities which may mature or be called, redeemed, retired or otherwise become payable. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments where such dates are not published in sources routinely used by the Custodian which are owned by the Series and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodiannominees. Nor shall the Custodian have any responsibility or liability to the Series for any loss by the Series for any missed payments or other defaults resulting therefrom, unless the Custodian received timely notification from the Series specifying the time, place and manner for the presentment of any such put bond owned by the Series and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes assume no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series with respect to put bonds or similar instruments;
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that Series;
(5) Submit or cause to be submitted to the applicable Series or its investment advisor as designated by the Fund applicable Series information actually received by the Custodian regarding ownership rights, including proxies rights pertaining to Assets property held for the applicable Series;
(6) Deliver or cause to be delivered any Securities held for the applicable Series in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(8) Make or cause to be made such transfers or exchanges of the Assets assets specifically allocated to the applicable Series and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable Series;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the applicable Series;
(10) Deliver Securities owned by the applicable Series to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments where such dates are not published in sources routinely used by the Custodian which are owned by the Series and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodiannominee. Nor shall the Custodian have any responsibility or liability to the Series for any loss by the Series for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Series specifying the time, place and manner for the presentment of any such put bond owned by the Series and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices receivedinvestments;
(11) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable Series;
(12) Report the Asset positions of a Series as of such dates as the Fund and the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets comprising a Series. No representation is made by the Custodian as to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series provided by the Custodian; and
(1312) Execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement.
Appears in 4 contracts
Samples: Mutual Fund Custody and Services Agreement (JNL Variable Fund Iii LLC), Mutual Fund Custody and Services Agreement (JNL Variable Fund v LLC), Mutual Fund Custody and Services Agreement (JNL Series Trust)
Actions Which May be Taken Without Instructions. Unless an Instruction to the contrary is received, the Custodian shall:
(1) Collect all income due or payable, provided that the Custodian shall not be responsible for the failure to receive payment of (or late payment of) distributions or other payments with respect to Assets Securities or other property held in the account;
(2) Present for payment and collect the amount payable upon all Assets Securities which may mature or be called, redeemed, retired or otherwise become payable. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments where such dates are not published in sources routinely used by the Custodian which are owned by the Series and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodiannominees. Nor shall the Custodian have any responsibility or liability to the Series for any loss by the Series for any missed payments or other defaults resulting therefrom, unless the Custodian received timely notification from the Series specifying the time, place and manner for the presentment of any such put bond owned by the Series and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series with respect to put bonds or similar instruments;
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that Series;
(5) Submit or cause to be submitted to the applicable Series or its investment advisor as designated by the Fund applicable Series information actually received by the Custodian regarding ownership rights, including proxies rights pertaining to Assets property held for the applicable Series;
(6) Deliver or cause to be delivered any Securities held for the applicable Series in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(8) Make or cause to be made such transfers or exchanges of the Assets assets specifically allocated to the applicable Series and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable Series;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the applicable Series;
(10) Deliver Securities owned by the applicable Series to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments where such dates are not published in sources routinely used by the Custodian which are owned by the Series and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodiannominee. Nor shall the Custodian have any responsibility or liability to the Series for any loss by the Series for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Series specifying the time, place and manner for the presentment of any such put bond owned by the Series and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices receivedinvestments;
(11) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable Series;
(12) Report the Asset positions of a Series as of such dates as the Fund and the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets comprising a Series. No representation is made by the Custodian as to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series provided by the Custodian; and
(1312) Execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement.
Appears in 4 contracts
Samples: Mutual Fund Custody and Services Agreement (Jnlny Variable Fund I LLC), Mutual Fund Custody and Services Agreement (JNL Variable Fund LLC), Mutual Fund Custody and Services Agreement (JNL Variable Fund v LLC)
Actions Which May be Taken Without Instructions. Unless an Instruction to the contrary is received, the Custodian shall:
(1) Collect all income due or payable, provided that the Custodian shall not be responsible for the any failure not attributable to itself to receive payment of (or late payment of) distributions or other payments with respect to Assets Securities or other property held in the account;
(2) Present for payment and collect the amount payable upon all Assets Securities which may mature or be called, redeemed, retired or otherwise become payable. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Company for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments which that are owned by the Series Fund and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series Company for any loss by the Series a Fund for any missed payments or other defaults resulting therefrom, therefrom with respect to put bonds or similar instruments unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series a Fund with respect to put bonds or similar instruments;
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series a Fund all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that Seriesa Fund;
(5) Submit or cause to be submitted to the applicable Series a Fund or its investment advisor adviser as designated by the a Fund information actually received by the Custodian regarding ownership rights, including proxies rights pertaining to Assets property held for the applicable Seriesa Fund;
(6) Deliver or cause to be delivered any Securities held for the applicable Series a Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series a Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(8) Make or cause to be made such transfers or exchanges of the Assets assets specifically allocated to the applicable Series a Fund and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable Seriesa Fund;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the SeriesaFund;
(10) Deliver Securities owned by the applicable Series a Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Funds for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments which that are owned by the Series a Fund and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series Company for any loss by the Series a Fund for any missed payment or other default resulting therefrom with respect to put bonds or similar instruments unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series Company for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series Funds with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices receivedinvestments;
(11) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable Series;Funds
(12) Report the Asset positions of a Series as of such dates as the Fund and the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets comprising a Series. No representation is made by the Custodian as to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series provided by the Custodian; and
(13) Execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement.
Appears in 3 contracts
Samples: Mutual Fund Custody and Services Agreement (Gabelli Utility Trust), Mutual Fund Custody and Services Agreement (Gabelli Equity Trust Inc), Mutual Fund Custody and Services Agreement (Tweedy Browne Fund Inc)
Actions Which May be Taken Without Instructions. Unless an Instruction to the contrary is received, the Custodian shall:
(1) Collect all income due or payable, provided that the Custodian shall not be responsible for the failure to receive payment of (or late payment of) distributions or other payments with respect to Assets Securities or other property held in the account;
(2) Present for payment and collect the amount payable upon all Assets Securities which may mature or be called, redeemed, retired or otherwise become payable. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments which are owned by the Series and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series for any loss by the Series for any missed payments or other defaults resulting therefrom, unless the Custodian received timely notification from the Series specifying the time, place and manner for the presentment of any such put bond owned by the Series and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series with respect to put bonds or similar instruments;
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that Series;
(5) Submit or cause to be submitted to the applicable Series or its investment advisor as designated by the Fund information actually received by the Custodian regarding ownership rights, including proxies rights pertaining to Assets property held for the applicable Series;
(6) Deliver or cause to be delivered any Securities held for the applicable Series in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(8) Make or cause to be made such transfers or exchanges of the Assets assets specifically allocated to the applicable Series and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable Series;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the Series;
(10) Deliver Securities owned by the applicable Series to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments which are owned by the Series and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series for any loss by the Series for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Series specifying the time, place and manner for the presentment of any such put bond owned by the Series and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series applicable Series with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices receivedinvestments;
(11) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable Series;
(12) Report the Asset positions of a Series as of such dates as the Fund and the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets comprising a Series. No representation is made by the Custodian as to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series provided by the Custodian; and
(1312) Execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement.
Appears in 3 contracts
Samples: Mutual Fund Custody and Services Agreement (Advantus Series Fund Inc), Mutual Fund Custody and Services Agreement (RBB Fund Inc), Mutual Fund Custody and Services Agreement (Advantus Series Fund Inc)
Actions Which May be Taken Without Instructions. Unless an Instruction to the contrary is received, the Custodian shall:
(1) Collect all income due or payable, provided that the Custodian shall not be responsible for the failure to receive payment of (or late payment of) distributions or other payments with respect to Assets Securities or other property held in the account;
(2) Present for payment and collect the amount payable upon all Assets Securities which may mature or be called, redeemed, retired or otherwise become payable. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments which are owned by the Series and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series for any loss by the Series for any missed payments or other defaults resulting therefrom, unless the Custodian received timely notification from the Series specifying the time, place and manner for the presentment of any such put bond owned by the Series and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series with respect to put bonds or similar instruments;
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that Series;
(5) Submit or cause to be submitted to the applicable Series or its investment advisor as designated by the Fund relevant Trust information actually received by the Custodian regarding ownership rights, including proxies pertaining to Assets property held for the applicable Series, and any other information or documents which, under the ordinary procedures of the Custodian, are forwarded to the beneficial owner of the property;
(6) Deliver or cause to be delivered any Securities held for the applicable Series in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(8) Make or cause to be made such transfers or exchanges of the Assets assets specifically allocated to the applicable Series and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable Series;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the Series;
(10) Deliver Securities owned by the applicable Series to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments which are owned by the Series and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series for any loss by the Series for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Series specifying the time, place and manner for the presentment of any such put bond owned by the Series and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices receivedinvestments;
(11) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable Series;
(12) Report the Asset asset positions of a Series as of such dates as the Fund relevant Trust and the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund relevant Trust (or the Fund’s relevant Trust's service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets assets comprising a Series. No representation is made by the Custodian as to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series provided by the Custodian; and
(13) Execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement.
Appears in 2 contracts
Samples: Mutual Fund Custody and Services Agreement (Allianz Variable Insurance Products Trust), Custody Agreement (Allianz Variable Insurance Products Fund of Funds Trust)
Actions Which May be Taken Without Instructions. Unless an Instruction to the contrary is received, the Custodian shall:
(1) Collect all income due or payable, provided that the Custodian shall not be responsible for the any failure not attributable to itself to receive payment of (or late payment of) distributions or other payments with respect to Assets Securities or other property held in the account;
(2) Present for payment and collect the amount payable upon all Assets Securities which may mature or be called, redeemed, retired or otherwise become payable. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Company for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments which that are owned by the Series Fund and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series Company for any loss by the Series a Fund for any missed payments or other defaults resulting therefrom, therefrom with respect to put bonds or similar instruments unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series a Fund with respect to put bonds or similar instruments;
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series a Fund all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that Seriesa Fund;
(5) Submit or cause to be submitted to the applicable Series a Fund or its investment advisor adviser as designated by the a Fund information actually received by the Custodian regarding ownership rights, including proxies rights pertaining to Assets property held for the applicable Seriesa Fund;
(6) Deliver or cause to be delivered any Securities held for the applicable Series a Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series a Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(8) Make or cause to be made such transfers or exchanges of the Assets assets specifically allocated to the applicable Series a Fund and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable Seriesa Fund;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the Seriesa Fund;
(10) Deliver Securities owned by the applicable Series a Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Funds for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments which that are owned by the Series a Fund and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series Company for any loss by the Series a Fund for any missed payment or other default resulting therefrom with respect to put bonds or similar instruments unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series Company for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series Funds with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices receivedinvestments;
(11) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable Series;Funds
(12) Report the Asset positions of a Series as of such dates as the Fund and the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets comprising a Series. No representation is made by the Custodian as to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series provided by the Custodian; and
(13) Execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement.
Appears in 2 contracts
Samples: Mutual Fund Custody and Services Agreement (Tweedy Browne Fund Inc), Mutual Fund Custody and Services Agreement (Gabelli Utility Trust)
Actions Which May be Taken Without Instructions. Unless an Instruction to the contrary is received, the Custodian shall:
(1) Collect all income due or payable, provided that the Custodian shall not be responsible for the failure to receive payment of (or late payment of) distributions or other payments with respect to Assets held in the account;
(2) Present for payment and collect the amount payable upon all Assets which may mature or be called, redeemed, retired or otherwise become payable. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments which are owned by the Series Fund and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series Fund for any loss by the Series Fund for any missed payments or other defaults resulting therefrom, unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series Fund with respect to put bonds or similar instruments;
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series Fund all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that SeriesFund;
(5) Submit or cause to be submitted to the applicable Series Fund or its investment advisor as designated by the Fund information actually received by the Custodian regarding ownership rights, including proxies pertaining to Assets held for the applicable SeriesFund;
(6) Deliver or cause to be delivered any Securities held for the applicable Series Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(8) Make or cause to be made such transfers or exchanges of the Assets specifically allocated to the applicable Series Fund and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable SeriesFund;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the SeriesFund;
(10) Deliver Securities owned by the applicable Series Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments which are owned by the Series Fund and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series Fund for any loss by the Series Fund for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series Fund for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series Fund with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices received;
(11) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable SeriesFund;
(12) Report the Asset positions of a Series the Fund as of such dates as the Fund and the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s 's service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets comprising a Seriesthe Fund. No representation is made by the Custodian as to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series the Fund provided by the Custodian; and
(13) Execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement.
Appears in 1 contract
Samples: Mutual Fund Custody and Services Agreement (Lincoln National Variable Annuity Fund A)
Actions Which May be Taken Without Instructions. Unless an Instruction to the contrary is received, the Custodian shall:
(1) Collect Subject to the provisions of Sections 2.e and 6.c and e hereof, collect and credit to the Fund’s custodial account on a timely basis all income due or payable, provided that the Custodian shall not be responsible for the failure to receive payment of (or late payment of) distributions or and other payments with respect to Assets held registered and bearer securities to which the Fund shall be entitled, except that, with respect to income or payments due the Fund on investments loaned in accordance with a separate agreement between the account;
(2) Present for payment Fund and collect the amount payable upon all Assets which may mature or Custodian in its capacity as lending agent, collection thereof shall be called, redeemed, retired or otherwise become payablein accordance with the terms of such agreement. Notwithstanding With respect to payments on other investments loaned by the foregoingFund, the Custodian shall have no duty or responsibility in connection therewith other than to provide the Fund with such information or data as may be necessary to assist the Fund in arranging for the timely delivery to the Series for monitoring or ascertaining any callCustodian of the income to which the Fund is properly entitled ;
(2) Subject to the provisions of Section 2.e hereof, redemption or retirement dates with respect to put bonds deliver warrants, puts, calls, rights or similar instruments which are owned by the Series and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability securities to the Series for any loss by the Series for any missed payments issuer or other defaults resulting therefromtrustee thereof, unless the Custodian received timely notification from the Series specifying the timeor to their respective agents, place and manner for the presentment purpose of exercise or sale, and deposit securities upon invitations for tenders thereof, and take all other necessary actions to comply with the terms of any such put bond owned by the Series and held by the Custodian mandatory or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series with respect to put bonds compulsory exchanges, calls, tenders, redemptions, or similar instruments;rights of ownership promptly notifying the Fund of all such actions, and collecting all stock dividends, rights and other items of like nature in connection therewith.
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that Series;
(5) Submit or cause to be submitted to the applicable Series or its investment advisor as designated by the Fund information actually received by the Custodian regarding ownership rights, including proxies rights pertaining to Assets property held for the applicable Series;
(6) Deliver or cause to be delivered any Securities held for the applicable Series in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(8) Make or cause to be made such transfers or exchanges of the Assets assets specifically allocated to the applicable Series and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable Series;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the Series;
(10) Deliver Securities owned by the applicable Series to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments which are owned by the Series and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series for any loss by the Series for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Series specifying the time, place and manner for the presentment of any such put bond owned by the Series and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series applicable Series with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices receivedinvestments;
(11) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable Series;
(12) Report the Asset positions of a Series as of such dates as the Fund and the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets comprising a Series. No representation is made by the Custodian as to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series provided by the Custodian; and
(1312) Execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement.
Appears in 1 contract
Samples: Custody Agreement (Northwestern Mutual Series Fund Inc)
Actions Which May be Taken Without Instructions. Unless an Instruction to the contrary is received, the Custodian shall:
(1) Collect all income due or payable, provided that the Custodian shall not be responsible for the failure to receive payment of (or late payment of) distributions or other payments with respect to Assets Securities or other property held in the account;
(2) Present for payment and collect the amount payable upon all Assets Securities which may mature or be called, redeemed, retired or otherwise become payablepayable on a mandatory basis. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Funds for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments which are owned by the Series Funds and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series Funds for any loss by the Series Funds for any missed payments or other defaults resulting therefrom, unless the Custodian received timely notification from the Series Funds specifying the time, place and manner for the presentment of any such put bond or similar instrument owned by the Series Funds and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series Funds with respect to put bonds or similar instruments;
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series Fund all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that SeriesFund;
(5) Submit or cause to be submitted to the applicable Series Fund or its investment advisor as designated by the Fund Trust information actually received by the Custodian regarding ownership rights, including proxies rights pertaining to Assets property held for the applicable SeriesFund;
(6) Deliver or cause to be delivered any Securities held for the applicable Series Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporationentity, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporationentity, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(8) Make or cause to be made such transfers or exchanges of the Assets assets specifically allocated to the applicable Series Fund and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable SeriesFund;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the Seriesa Fund;
(10) Deliver Securities owned by the applicable Series Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodianpayable on a mandatory basis. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Funds for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments which are owned by the Series Funds and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series Funds for any loss by the Series Funds for any missed payment or other default resulting therefrom therefrom, unless the Custodian received timely notification from the Series Funds specifying the time, place and manner for the presentment of any such put bond or similar instrument owned by the Series Funds and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series Funds with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices receivedinstruments;
(11) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable Series;Fund; and
(12) Report the Asset positions of a Series as of such dates as the Fund and the Custodian may agree upon, in In accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets comprising a Series. No representation is made by the Custodian as to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series provided by the Custodian; and
(13) Execute ’s standard operating procedures, execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement.
Appears in 1 contract
Samples: Custody and Services Agreement (Advantus Series Fund Inc)
Actions Which May be Taken Without Instructions. Unless an Instruction to the contrary is received, the Custodian shall:
(1) Collect Receive all income due or payable, provided that the Custodian shall not be responsible for the failure to receive payment of (or late payment of) distributions or other payments with respect to Assets Securities or other property held in the account;
(2) Present for payment and collect the amount payable upon all Assets Securities which may mature or be called, redeemed, retired or otherwise become payable. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Funds for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments which are owned by the Series Funds and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series Funds for any loss by the Series Funds for any missed payments or other defaults resulting therefrom, unless the Custodian actually received timely notification from the Series Funds specifying the time, place and manner for the presentment of any such put bond owned by the Series Funds and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series Funds with respect to put bonds or similar instruments;
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series Fund all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that SeriesFund;
(5) Submit or cause to be submitted to the applicable Series Fund or its investment advisor adviser as designated by the Fund Fund, information actually received by the Custodian regarding ownership rights, including proxies pertaining to Assets property held for the applicable SeriesFund. All voting rights shall be exercised by the Fund or its designee. Whenever Securities confer discretionary rights on a Fund or provide for alternative courses of action by a Fund, such Fund shall be responsible for making any decision relating thereto and giving Instructions to the Custodian to act. In order to act, the Custodian must receive the Fund’s Instructions no later than noon (New York time) at least two (2) Business Days prior to the last scheduled date to act with respect to such Securities, or such earlier date as the Custodian may specify to the Fund. Absent the Custodian’s timely receipt of such Instructions, the Custodian shall not be liable for failure to take any action relating to, or to exercise any rights conferred by, such Securities;
(6) Deliver or cause to be delivered any Securities held for the applicable Series a Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(8) Make or cause to be made such transfers or exchanges of the Assets assets specifically allocated to the applicable Series Fund and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable SeriesFund;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the SeriesFunds;
(10) Deliver Securities owned by the applicable Series Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Funds for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments which are owned by the Series Funds and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series Funds for any loss by the Series Funds for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Series Funds specifying the time, place and manner for the presentment of any such put bond owned by the Series Funds and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series Funds for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series Fund with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices receivedinvestments;
(11) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable SeriesFund;
(12) Report the Asset asset positions of a Series Fund as of such dates as the Fund and the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets assets comprising a SeriesFund. No representation is made by the Custodian as to the accuracy or completeness of any such values, nor shall the Custodian have any liability for any errors or omissions in such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series Fund provided by the Custodian; and;
(13) Execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement; and
(14) Release the identity of the applicable Fund to an issuer which requests such information pursuant to the Shareholder Communications Act of 1985 for the specific purpose of direct communications between the issuers and the applicable Fund.
Appears in 1 contract
Samples: Mutual Fund Custody and Services Agreement (Transparent Value Trust)
Actions Which May be Taken Without Instructions. Unless an Instruction to the contrary is received, the Custodian shall:
(1) Collect all income due or payable, provided that the Custodian shall not be responsible for the failure to receive payment of (or late payment of) distributions or other payments with respect to Assets Securities or other property held in the account;
(2) Present for payment and collect the amount payable upon all Assets Securities which may mature or be called, redeemed, retired or otherwise become payable. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series a Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments which are owned by the Series Fund and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series a Fund for any loss by the Series Fund for any missed payments or other defaults resulting therefrom, when information is not published in sources routinely used by the Custodian, unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series Fund with respect to put bonds or similar instruments;
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series Fund all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that SeriesFund;
(5) Submit or cause to be submitted to the applicable Series Fund or its investment advisor as designated by the Fund Trust information actually received by the Custodian regarding ownership rights, including proxies rights pertaining to Assets property held for the applicable SeriesFund;
(6) Deliver or cause to be delivered any Securities held for the applicable Series Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(8) Make or cause to be made such transfers or exchanges of the Assets assets specifically allocated to the applicable Series Fund and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable SeriesFund;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the SeriesFund;
(10) Deliver Securities owned by the applicable Series Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments which are owned by the Series Fund and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series Fund for any loss by the Series Fund for any missed payment or other default resulting therefrom when information is not published in sources routinely used by the Custodian, unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series Fund for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series Fund applicable Fund with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices receivedinvestments;
(11) Give the Trust written notice (which may be electronic) of Corporate Actions (defined below) whenever the Custodian receives information concerning the property held hereunder which requires discretionary action by the beneficial owners of such property (other than a proxy), such as subscription rights, bonus issues, stock repurchase plans and rights offerings, or other material intended to be transmitted to such holders requiring an action or response by a Fund ("Corporate Actions");
(12) The Custodian will send to the Trust or the Authorized Persons all proxies (if issued in the name of the Custodian's nominee or the nominee of a central depository), notices and communications with respect to securities in the Funds that call for voting within a reasonable time after sufficient copies are received by the Custodian for forwarding to its clients;
(13) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable Series;
(12) Report the Asset positions of a Series as of such dates as the Fund and the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets comprising a Series. No representation is made by the Custodian as to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series provided by the Custodian; and
(1314) Execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement.
Appears in 1 contract
Samples: Mutual Fund Custody and Services Agreement (PRIMECAP Odyssey Funds)
Actions Which May be Taken Without Instructions. Unless an Instruction to the contrary is received, the Custodian shall:
(1) Collect all income due or payable, provided that the Custodian shall not be responsible for the failure to receive payment of (or late payment of) distributions or other payments with respect to Assets Securities or other property held in the account;
(2) Present for payment and collect the amount payable upon all Assets Securities which may mature or be called, redeemed, retired or otherwise become payable. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments which are owned by the Series Fund and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series Fund for any loss by the Series Fund for any missed payments or other defaults resulting therefrom, unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series Fund with respect to put bonds or similar instruments;
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series Fund all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that SeriesFund;
(5) Submit or cause to be submitted to the applicable Series Fund or its investment advisor as designated by the Fund Trust information actually received by the Custodian regarding ownership rights, including proxies rights pertaining to Assets property held for the applicable SeriesFund;
(6) Deliver or cause to be delivered any Securities held for the applicable Series Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(8) Make or cause to be made such transfers or exchanges of the Assets assets specifically allocated to the applicable Series Fund and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable SeriesFund;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the SeriesFund;
(10) Deliver Securities owned by the applicable Series Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments which are owned by the Series Fund and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series Fund for any loss by the Series Fund for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series Fund for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series Fund applicable Fund with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices receivedinvestments;
(11) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable Series;
(12) Report the Asset positions of a Series as of such dates as the Fund and the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets comprising a Series. No representation is made by the Custodian as to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series provided by the Custodian; and
(1312) Execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement.
Appears in 1 contract
Samples: Mutual Fund Custody and Services Agreement (PRIMECAP Odyssey Funds)
Actions Which May be Taken Without Instructions. Unless an Instruction to the contrary is received, the Custodian shall:
(1) Collect all income due or payable, provided that the Custodian shall not be responsible for the failure to receive payment of (or late payment of) distributions or other payments with respect to Assets Securities or other property held in the account;
(2) Present for payment and collect the amount payable upon all Assets Securities which may mature or be called, redeemed, retired or otherwise become payable. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments which are owned by the Series Fund and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series Fund for any loss by the Series Fund for any missed payments or other defaults resulting therefrom, unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series Fund with respect to put bonds or similar instruments;
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series Fund all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that Seriesthe Fund;
(5) Submit or cause to be submitted to the applicable Series Fund or its investment advisor as designated by the Fund information actually received by the Custodian regarding ownership rights, including proxies rights pertaining to Assets property held for the applicable SeriesFund;
(6) Deliver or cause to be delivered any Securities held for the applicable Series Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such deliverydelivery where such action on the part of the Custodian is ministerial in nature;
(8) Make or cause to be made such transfers or exchanges of the Assets assets specifically allocated to the applicable Series Fund and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable SeriesFund where such action on the part of the Custodian is ministerial in nature;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the SeriesFund;
(10) Deliver Securities owned by the applicable Series Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments which are owned by the Series Fund and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series Fund for any loss by the Series Fund for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series Fund for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series Fund with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices receivedinvestments;
(11) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable Series;Fund; and
(12) Report the Asset positions of a Series as of such dates as the Fund and Generally, take all actions, whether or not expressly authorized, which the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets comprising a Series. No representation is made by the Custodian as to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series provided by the Custodian; and
(13) Execute any and all documents, agreements or other instruments and take all actions as may be deem reasonably necessary or desirable for the accomplishment fulfillment of the purposes of this Agreementits duties hereunder.
Appears in 1 contract
Samples: Mutual Fund Custody and Services Agreement (Wm Trust I)
Actions Which May be Taken Without Instructions. Unless an Instruction to ----------------------------------------------- the contrary is received, the Custodian shall:
(1) Collect all income due or payable, provided that the Custodian shall not be responsible for the failure to receive payment of (or late payment of) distributions or other payments with respect to Assets held in the account;
(2) Present for payment and collect the amount payable upon all Assets which may mature or be called, redeemed, retired or otherwise become payable. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments which are owned by the Series and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series for any loss by the Series for any missed payments or other defaults resulting therefrom, unless the Custodian received timely notification from the Series specifying the time, place and manner for the presentment of any such put bond owned by the Series and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series with respect to put bonds or similar instruments;
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that Series;
(5) Submit or cause to be submitted to the applicable Series or its investment advisor as designated by the Fund information actually received by the Custodian regarding ownership rights, including proxies pertaining to Assets held for the applicable Series;
(6) Deliver or cause to be delivered any Securities held for the applicable Series in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(8) Make or cause to be made such transfers or exchanges of the Assets specifically allocated to the applicable Series and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable Series;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the Series;
(10) Deliver Securities owned by the applicable Series to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments which are owned by the Series and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series for any loss by the Series for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Series specifying the time, place and manner for the presentment of any such put bond owned by the Series and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices received;
(11) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable Series;
(12) Report the Asset positions of a Series as of such dates as the Fund and the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s 's service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets comprising a Series. No representation is made by the Custodian as to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series provided by the Custodian; and
(13) Execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement.
Appears in 1 contract
Samples: Mutual Fund Custody and Services Agreement (Lincoln Variable Insurance Products Trust)
Actions Which May be Taken Without Instructions. Unless an Instruction to the contrary is received, the Custodian shall:
(1) Collect all income due or payable, provided that the Custodian shall not be responsible for the failure to receive payment of (or late payment of) distributions or other payments with respect to Assets Securities or other property held in the account;
(2) Present for payment and collect the amount payable upon all Assets Securities which may mature or be called, redeemed, retired or otherwise become payable. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments which are owned by the Series and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series for any loss by the Series for any missed payments or other defaults resulting therefrom, unless the Custodian received timely notification from the Series specifying the time, place and manner for the presentment of any such put bond owned by the Series and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification provided by third parties that the Custodian may furnish to the Series with respect to put bonds or similar instruments;
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that Series;
(5) Submit or cause to be submitted to the applicable Series or its investment advisor as designated by the Fund applicable Series information actually received by the Custodian regarding ownership rights, including proxies rights pertaining to Assets property held for the applicable Series;
(6) Deliver or cause to be delivered any Securities held for the applicable Series in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(8) Make or cause to be made such transfers or exchanges of the Assets assets specifically allocated to the applicable Series and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable Series;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the applicable Series;
(10) Deliver Securities owned by the applicable Series to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments which are owned by the Series and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series for any loss by the Series for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Series specifying the time, place and manner for the presentment of any such put bond owned by the Series and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series for the accuracy or completeness of any notification provided by third parties that the Custodian may furnish to the applicable Series with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices receivedinvestments;
(11) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable Series;
(12) Report the Asset positions of a Series as of such dates as the Fund and the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets comprising a Series. No representation is made by the Custodian as to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series provided by the Custodian; and
(1312) Execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement.
Appears in 1 contract
Samples: Mutual Fund Custody and Services Agreement (Dreyfus Founders Funds Inc)
Actions Which May be Taken Without Instructions. Unless an Instruction ----------------------------------------------- to the contrary is received, the Custodian shall:
(1) Collect all income due or payable, provided that the Custodian shall not be responsible for the failure to receive payment of (or late payment of) distributions or other payments with respect to Assets held in the account;
(2) Present for payment and collect the amount payable upon all Assets which may mature or be called, redeemed, retired or otherwise become payable. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments which are owned by the Series and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series for any loss by the Series for any missed payments or other defaults resulting therefrom, unless the Custodian received timely notification from the Series specifying the time, place and manner for the presentment of any such put bond owned by the Series and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series with respect to put bonds or similar instruments;
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that Series;
(5) Submit or cause to be submitted to the applicable Series or its investment advisor as designated by the Fund information actually received by the Custodian regarding ownership rights, including proxies pertaining to Assets held for the applicable Series;
(6) Deliver or cause to be delivered any Securities held for the applicable Series in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(8) Make or cause to be made such transfers or exchanges of the Assets specifically allocated to the applicable Series and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable Series;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the Series;
(10) Deliver Securities owned by the applicable Series to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments which are owned by the Series and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series for any loss by the Series for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Series specifying the time, place and manner for the presentment of any such put bond owned by the Series and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices received;
(11) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable Series;
(12) Report the Asset positions of a Series as of such dates as the Fund and the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets comprising a Series. No representation is made by the Custodian as to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series provided by the Custodian; and
(13) Execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement.
Appears in 1 contract
Samples: Mutual Fund Custody and Services Agreement (Lincoln Advisors Trust)
Actions Which May be Taken Without Instructions. Unless an Instruction to the contrary is received, the Custodian shall:
(1) Collect all income due or payable, provided that the Custodian shall not be responsible for the failure to receive payment of (or late payment of) distributions or other payments with respect to Assets Securities or other property held in the account;
(2) Present for payment and collect the amount payable upon all Assets Securities which may mature or be called, redeemed, retired or otherwise become payable. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments which are owned by the Series Fund and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodian. Nor The Custodian shall the Custodian have any no responsibility or liability to the Series Fund for any loss by the Series Fund for any missed payments or other defaults resulting therefromtherefrom when information is not published in sources routinely used by the Custodian, unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series Fund with respect to put bonds or similar instruments;
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series Fund all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that Seriesthe Fund;
(5) Submit or cause to be submitted to the applicable Series Fund or its investment advisor advisor, as designated by the Fund Fund, information actually received by the Custodian regarding ownership rights, including proxies rights pertaining to Assets property held for the applicable SeriesFund;
(6) Deliver or cause to be delivered any Securities held for the applicable Series Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(8) Make or cause to be made such transfers or exchanges of the Assets specifically allocated to the applicable Series and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable Series;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the SeriesFund;
(10) 8) Deliver Securities owned by the applicable Series Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is J42-036-IV-058-#9 to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments which are owned by the Series Fund and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodian. Nor The Custodian shall the Custodian have any no responsibility or liability to the Series Fund for any loss by the Series Fund for any missed payment or other default resulting therefrom when information is not published in sources routinely used by the Custodian, unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series Fund for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series Fund with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices receivedinvestments;
(119) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable Series;
(12) Report the Asset positions of a Series as of such dates as the Fund and the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets comprising a Series. No representation is made by the Custodian as to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series provided by the Custodian; and
(1310) Execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement.
Appears in 1 contract
Samples: Mutual Fund Custody and Services Agreement (Dreyfus Growth Opportunity Fund Inc)
Actions Which May be Taken Without Instructions. Unless an Instruction to the contrary is received, the Custodian shall:
(1) Collect all income due or payable, provided that the Custodian shall not be responsible for the failure to receive payment of (or late payment of) distributions or other payments with respect to Assets Securities or other property held in the account;
(2) Present for payment and collect the amount payable upon all Assets Securities which may mature or be called, redeemed, retired or otherwise become payable. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Funds for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments which are owned by the Series and held by the Custodian or its nominees where such dates are not published in sources routinely used by the CustodianCustodian which are owned by the Funds and held by the Custodian or its nominees. Nor shall the Custodian have any responsibility or liability to the Series Funds for any loss by the Series Funds for any missed payments or other defaults resulting therefrom, unless the Custodian received timely notification from the Series Funds specifying the time, place and manner for the presentment of any such put bond owned by the Series Funds and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series Funds with respect to put bonds or similar instruments;
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series Fund all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that SeriesFund;
(5) Submit or cause to be submitted to the applicable Series Fund or its investment advisor as designated by the applicable Fund information actually received by the Custodian regarding ownership rights, including proxies rights pertaining to Assets property held for the applicable SeriesFund;
(6) Deliver or cause to be delivered any Securities held for the applicable Series Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(8) Make or cause to be made such transfers or exchanges of the Assets assets specifically allocated to the applicable Series Fund and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable SeriesFund;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the Seriesapplicable Fund;
(10) Deliver Securities owned by the applicable Series Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments which are owned by the Series and held by the Custodian or its nominee where such dates are not published in sources routinely used by the CustodianCustodian which are owned by the Fund and held by the Custodian or its nominee. Nor shall the Custodian have any responsibility or liability to the Series Fund for any loss by the Series Fund for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series Fund for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series Fund with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices receivedinvestments;
(11) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable Series;
(12) Report the Asset positions of a Series as of such dates as the Fund and the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets comprising a Series. No representation is made by the Custodian as to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series provided by the Custodian; and
(1312) Execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement.
Appears in 1 contract
Samples: Mutual Fund Custody and Services Agreement (JNL Series Trust)
Actions Which May be Taken Without Instructions. Unless ------------------------------------------------ an Instruction to the contrary is received, the Custodian shall:
(1) Collect all income due or payable, provided that the Custodian shall not be responsible for the failure to receive payment of (or late payment of) distributions or other payments with respect to Assets Securities or other property held in the account;
(2) Present for payment and collect the amount payable upon all Assets Securities which may mature or be called, redeemed, retired or otherwise become payable. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments which are owned by the Series Fund and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodian. Nor The Custodian shall the Custodian have any no responsibility or liability to the Series Fund for any loss by the Series Fund for any missed payments or other defaults resulting therefromtherefrom when information is not published in sources routinely used by the Custodian, unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series Fund with respect to put bonds or similar instruments;
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series Fund all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that Seriesthe Fund;
(5) Submit or cause to be submitted to the applicable Series Fund or its investment advisor advisor, as designated by the Fund Fund, information actually received by the Custodian regarding ownership rights, including proxies rights pertaining to Assets property held for the applicable SeriesFund;
(6) Deliver or cause to be delivered any Securities held for the applicable Series Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(8) Make or cause to be made such transfers or exchanges of the Assets specifically allocated to the applicable Series and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable Series;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the SeriesFund;
(10) 8) Deliver Securities owned by the applicable Series Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments which are owned by the Series Fund and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodian. Nor The Custodian shall the Custodian have any no responsibility or liability to the Series Fund for any loss by the Series Fund for any missed payment or other default resulting therefrom when information is not published in sources routinely used by the Custodian, unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series Fund for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series Fund with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices receivedinvestments;
(119) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable Series;
(12) Report the Asset positions of a Series as of such dates as the Fund and the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets comprising a Series. No representation is made by the Custodian as to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series provided by the Custodian; and
(1310) Execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement.
Appears in 1 contract
Samples: Foreign Custody Manager Agreement (Dreyfus Socially Responsible Growth Fund Inc)
Actions Which May be Taken Without Instructions. Unless an Instruction to the contrary is received, the Custodian shall:
(1) Collect all income due or payable, provided that the Custodian shall not be responsible for the any failure not attributable to itself to receive payment of (or late payment of) distributions or other payments with respect to Assets Securities or other property held in the account;
(2) Present for payment and collect the amount payable upon all Assets Securities which may mature or be called, redeemed, retired or otherwise become payable. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Company for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments which that are owned by the Series Fund and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series Company for any loss by the Series a Fund for any missed payments or other defaults resulting therefrom, therefrom with respect to put bonds or similar instruments unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series a Fund with respect to put bonds or similar instruments;
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series a Fund all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that Seriesa Fund;
(5) Submit or cause to be submitted to the applicable Series a Fund or its investment advisor adviser as designated by the a Fund information actually received by the Custodian regarding ownership rights, including proxies rights pertaining to Assets property held for the applicable Seriesa Fund;
(6) Deliver or cause to be delivered any Securities held for the applicable Series a Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series a Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(8) Make or cause to be made such transfers or exchanges of the Assets assets specifically allocated to the applicable Series a Fund and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable Seriesa Fund;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the Seriesa Fund;
(10) Deliver Securities owned by the applicable Series a Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Funds for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments which that are owned by the Series a Fund and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series Company for any loss by the Series a Fund for any missed payment or other default resulting therefrom with respect to put bonds or similar instruments unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series Company for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series Funds with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices receivedinvestments;
(11) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable SeriesFunds;
(12) Report the Asset positions of a Series as of such dates as the Fund and the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets comprising a Series. No representation is made by the Custodian as to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series provided by the Custodian; and
(13) Execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement.
Appears in 1 contract
Samples: Mutual Fund Custody and Services Agreement (Gabelli Value Fund Inc)
Actions Which May be Taken Without Instructions. Unless an Instruction to the contrary is received, the Custodian shall:
(1) Collect all income due or payable, provided that the Custodian shall not be responsible for the failure to receive payment of (or late payment of) distributions or other payments with respect to Assets Securities or other property held in the account;
(2) Present for payment and collect the amount payable upon all Assets Securities which may mature or be called, redeemed, retired or otherwise become payable. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments which are owned by the Series Fund and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series Fund for any loss by the Series Fund for any missed payments or other defaults resulting therefrom, unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series Fund with respect to put bonds or similar instruments;
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series Fund all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that Seriesthe Fund;
(5) Submit or cause to be submitted to the applicable Series Fund or its investment advisor as designated by the Fund information actually received by the Custodian regarding ownership rights, including proxies pertaining to Assets property held for the applicable SeriesFund;
(6) Deliver or cause to be delivered any Securities held for the applicable Series Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(8) Make or cause to be made such transfers or exchanges of the Assets assets specifically allocated to the applicable Series Fund and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable SeriesFund;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the SeriesFund;
(10) Deliver Securities owned by the applicable Series Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments which are owned by the Series Fund and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series Fund for any loss by the Series Fund for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series Fund for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series Fund with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices receivedinvestments;
(11) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable SeriesFund;
(12) Report the Asset asset positions of a Series the Fund as of such dates as the Fund and the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets assets comprising a Seriesthe Fund. No representation is made by the Custodian as to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series the Fund provided by the Custodian; and
(13) Execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement.
Appears in 1 contract
Samples: Mutual Fund Custody and Services Agreement (Gabelli SRI Fund, Inc.)
Actions Which May be Taken Without Instructions. Unless an Instruction to the contrary is received, the Custodian shall:
(1) Collect all income due or payable, provided that the Custodian shall not be responsible for the failure to receive payment of (or late payment of) distributions or other payments with respect to Assets held in the account;
(2) Present for payment and collect the amount payable upon all Assets which may mature or be called, redeemed, retired or otherwise become payable. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments which are owned by the Series and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series for any loss by the Series for any missed payments or other defaults resulting therefrom, unless the Custodian received timely notification from the Series specifying the time, place and manner for the presentment of any such put bond owned by the Series and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series with respect to put bonds or similar instruments;
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that Series;
(5) Submit or cause to be submitted to the applicable Series or its investment advisor as designated by the Fund information actually received by the Custodian regarding ownership rights, including proxies pertaining to Assets held for the applicable Series;
(6) Deliver or cause to be delivered any Securities held for the applicable Series in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(8) Make or cause to be made such transfers or exchanges of the Assets specifically allocated to the applicable Series and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable Series;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the Series;
(10) Deliver Securities owned by the applicable Series to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments which are owned by the Series and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series for any loss by the Series for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Series specifying the time, place and manner for the presentment of any such put bond owned by the Series and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices received;
(11) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable Series;
(12) Report the Asset positions of a Series as of such dates as the Fund and the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s 's service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets comprising a Series. No representation is made by the Custodian as to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series provided by the Custodian; and
(13) Execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement.
Appears in 1 contract
Samples: Mutual Fund Custody and Services Agreement (Optimum Fund Trust)
Actions Which May be Taken Without Instructions. Unless an Instruction to the contrary is received, the Custodian shall:
(1) Collect all income due or payable, provided that the Custodian shall not be responsible for the failure to receive payment of (or late payment of) distributions or other payments with respect to Assets Securities or other property held in the account;
(2) Present for payment and collect the amount payable upon all Assets Securities which may mature or be called, redeemed, retired or otherwise become payable. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments which are owned by the Series Fund and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series Fund for any loss by the Series Fund for any missed payments or other defaults resulting therefrom, unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series Fund with respect to put bonds or similar instruments;
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series Fund all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that Seriesthe Fund;
(5) Submit or cause to be submitted to the applicable Series Fund or its investment advisor as designated by the Fund information actually received by the Custodian regarding ownership rights, including proxies rights pertaining to Assets property held for the applicable SeriesFund;
(6) Deliver or cause to be delivered any Securities held for the applicable Series Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates certifications of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(8) Make or cause to be made such transfers or exchanges of the Assets assets specifically allocated to the applicable Series Fund and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable SeriesFund;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the SeriesFund;
(10) Deliver Securities owned by the applicable Series Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments which are owned by the Series Fund and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodian. Nor shall the Custodian have any responsibility or liability to the Series Fund for any loss by the Series Fund for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Series Fund for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series Fund with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices receivedinvestments;
(11) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable Series;
(12) Report the Asset positions of a Series as of such dates as the Fund and the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets comprising a Series. No representation is made by the Custodian as to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series provided by the Custodian; and
(1312) Execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement.
Appears in 1 contract
Samples: Mutual Fund Custody and Services Agreement (Dean Family of Funds)
Actions Which May be Taken Without Instructions. Unless an Instruction to the contrary is received, the Custodian shall:
(1) Collect all income due or payable, provided that the Custodian shall not be responsible for the failure to receive payment of (or late payment of) distributions or other payments with respect to Assets Securities or other property held in the account;
(2) Present for payment and collect the amount payable upon all Assets Securities which may mature or be called, redeemed, retired or otherwise become payable. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Series Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds or similar instruments which are owned by the Series and held by the Custodian or its nominees where such dates are not published in sources routinely used by the Custodian. Nor The Custodian shall the Custodian have any no responsibility or liability to the Fund or Series for any loss by the Fund or Series for any missed payments or other defaults resulting therefromtherefrom when information is not published in sources routinely used by the Custodian, unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability for the accuracy or completeness of any notification the Custodian may furnish to the Series Fund with respect to put bonds or similar instruments;
(3) Surrender Securities in temporary form for definitive Securities;
(4) Hold directly, or through a Securities Depository with respect to Securities therein deposited, for the account of the applicable Series all rights and similar Securities issued with respect to any Securities held by the Custodian hereunder for that the Series;
(5) Submit or cause to be submitted to the applicable Series Fund or its investment advisor adviser, as designated by the Fund Fund, information actually received by the Custodian regarding ownership rights, including proxies rights pertaining to Assets property held for the applicable Series;
(6) Deliver or cause to be delivered any Securities held for the applicable Series Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(7) Deliver or cause to be delivered any Securities held for the applicable Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(8) Make or cause to be made such transfers or exchanges of the Assets specifically allocated to the applicable Series and take such other steps as shall be stated in Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the applicable Series;
(9) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the SeriesFund;
(10) 8) Deliver Securities owned by the applicable Series to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Fund or Series for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds or similar instruments which are owned by the Series and held by the Custodian or its nominee where such dates are not published in sources routinely used by the Custodian. Nor The Custodian shall the Custodian have any no responsibility or liability to the Fund or Series for any loss by the Series for any missed payment or other default resulting therefrom when information is not published in sources routinely used by the Custodian, unless the Custodian received timely notification from the Series Fund specifying the time, place and manner for the presentment of any such put bond owned by the Series and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Fund or Series for the accuracy or completeness of any notification the Custodian may furnish to the applicable Series Fund with respect to put bonds or similar investments but shall provide the Fund with information concerning such notices receivedinvestments;
(119) Endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of the applicable Series;
(12) Report the Asset positions of a Series as of such dates as the Fund and the Custodian may agree upon, in accordance with methods consistently followed and uniformly applied. It is hereby expressly acknowledged and agreed that any Asset values that may be reflected in any such report shall be furnished by the Custodian solely on an accommodation basis and is provided to or for the benefit of the Fund (or the Fund’s service provider or agent) as general information and is not intended to be a comprehensive summary or report of the value of the Assets comprising a Series. No representation is made by the Custodian as to the accuracy or completeness of any such values. The Custodian does not undertake any duty or responsibility to notify or otherwise provide any updates or other revisions with respect to any such values. It is hereby further expressly acknowledged and agreed that the Custodian shall not be liable for any loss, cost, damage, expense, liability or claim directly or indirectly relating to any such values reflected on any such report for a Series provided by the Custodian; and
(1310) Execute any and all documents, agreements or other instruments and take all actions as may be necessary or desirable for the accomplishment of the purposes of this Agreement.
Appears in 1 contract
Samples: Mutual Fund Custody and Services Agreement (Dreyfus Premier Manager Funds)
