Common use of Agreements with Foreign Banking Institutions Clause in Contracts

Agreements with Foreign Banking Institutions. Each of the agreements pursuant to which a foreign banking institution holds assets of the Fund (each, a "Foreign Sub-Custodian Agreement") shall be substantially in the form previously made available to the Fund and shall provide that: (a) the Fund's assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the foreign banking institution or its creditors or agent, except a claim of payment for their safe custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (b) beneficial ownership of the Fund's assets will be freely transferable without the payment of money or value other than for custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (c) adequate records will be maintained identifying the assets as belonging to Bank; (d) officers of or auditors employed by, or other representatives of the Bank, including to the extent permitted under applicable law, the independent public accountants for the Fund, will be given access to the books and records of the foreign banking institution relating to its actions under its agreement with the Bank; and (e) assets of the Fund held by the Selected Foreign Sub-Custodian will be subject only to the instructions of the Bank or its agents.

Appears in 11 contracts

Samples: Master Custodian Agreement (Standish Ayer & Wood Investment Trust), Master Custodian Agreement (Standish Ayer & Wood Investment Trust), Custodian Agreement (Bull & Bear Funds Ii Inc)

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Agreements with Foreign Banking Institutions. Each of the agreements pursuant to which a foreign banking institution holds assets of the Fund (each, a "Foreign Sub-Custodian Agreement") shall be substantially in the form previously made available to the Fund attached as Appendix D hereto and shall provide that: (a) the Fund's assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the foreign banking institution or its creditors or agent, except a claim of payment for their safe custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (b) beneficial ownership of the Fund's assets will be freely transferable without the payment of money or value other than for custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (c) adequate records will be maintained identifying the assets as belonging to the Bank; (d) officers of or auditors employed by, or other representatives of the Bank, including to the extent permitted under applicable law, the independent public accountants for the Fund, will be given access to the books and records of the foreign banking institution relating to its actions under its agreement with the Bank; and (e) assets of the Fund held by the Selected Foreign Sub-Custodian will be subject only to the instructions of the Bank or its agents.

Appears in 7 contracts

Samples: Custodian Agreement (Merrimac Funds), Custodian Agreement (Merrimac Master Portfolio), Custodian Agreement (Merrimac Series)

Agreements with Foreign Banking Institutions. Each of the agreements pursuant to which agreement with a -------------------------------------------- foreign banking institution holds assets of the Fund (each, a "Foreign Sub-Custodian Agreement") shall be substantially in the form previously made available to the Fund set forth in Exhibit 1 hereto and shall provide that: (a) the Fund's assets of the Fund will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the foreign banking institution or its creditors or agent, except a claim of payment for their safe custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities)administration; (b) beneficial ownership for the assets of the Fund's assets Fund will be freely transferable without the payment of money or value other than for custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities)administration; (c) adequate records will be maintained identifying the assets as belonging to Bankthe Fund; (d) officers of or auditors employed by, or other representatives of the BankCustodian, including to the extent permitted under applicable law, law the independent public accountants for the Fund, will be given access to the books and records of the foreign banking institution relating to its actions under its agreement with the BankCustodian; and (e) assets of the Fund held by the Selected Foreign Subforeign sub-Custodian custodian will be subject only to the instructions of the Bank Custodian or its agents.

Appears in 7 contracts

Samples: Custodian Contract (Muniholdings New York Insured Fund Ii /New/), Custodian Contract (Muniholdings New Jersey Insured Fund Iii Inc), Custodian Contract (Debt Strategies Fund Iii Inc)

Agreements with Foreign Banking Institutions. Each of the agreements pursuant to which agreement with a -------------------------------------------- foreign banking institution holds assets of the Fund (each, a "Foreign Sub-Custodian Agreement") shall be substantially in the form previously made available to the Fund set forth in Exhibit I hereto and shall provide that: that (a) the Fund's assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the foreign banking institution or its creditors or agent, except a claim of payment for their safe custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities)administration; (b) beneficial ownership of the Fund's assets will be freely transferable without the payment of money or value other than for custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities)administration; (c) adequate records will be maintained identifying the assets as belonging to Bankthe Fund; (d) officers of or auditors employed by, or other representatives of the BankCustodian, including to the extent permitted under applicable law, law the independent public accountants for the Fund, will be given access to the books and records of the foreign banking institution relating to its actions under its agreement with the BankCustodian; and (e) assets of the Fund held by the Selected Foreign Subforeign sub-Custodian custodian will be subject only to the instructions of the Bank Custodian or its agents.

Appears in 7 contracts

Samples: Custodian Contract (Prudential Jennison Fund Inc), Custodian Contract (Prudential Core Investment Fund), Custodian Contract (Strategic Partners Series)

Agreements with Foreign Banking Institutions. Each of the agreements pursuant to which agreement with a foreign banking institution holds assets of the Fund (each, a "Foreign Sub-Custodian Agreement") shall be substantially in the form previously made available to the Fund set forth in Exhibit 1 hereto and shall provide that: (a) the Fund's assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the foreign banking institution or its creditors or agentcreditors, except a claim of payment for their safe custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities)administration; (b) beneficial ownership of for the Fund's assets will be freely transferable without the payment of money or value other than for custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities)administration; (c) adequate records will be maintained identifying the assets as belonging to Bankthe Fund; (d) officers of or auditors employed by, or other representatives of the BankCustodian, including to the extent permitted under applicable law, law the independent public accountants for the Fund, will be given access to the books and records of the foreign banking institution relating to its actions under its agreement with the BankCustodian; and (e) assets of the Fund held by the Selected Foreign Subforeign sub-Custodian custodian will be subject only to the instructions of the Bank Custodian or its agents.

Appears in 6 contracts

Samples: Custodian Contract (Babson David L Growth Fund Inc), Custodian Contract (Acm Government Income Fund Inc), Custodian Contract (Scudder Mutual Funds Inc)

Agreements with Foreign Banking Institutions. Each of the agreements pursuant to which agreement with a foreign banking institution holds assets of the Fund (each, a "Foreign Sub-Custodian Agreement") shall be substantially in the form previously made available to the Fund set forth in Exhibit 1 hereto and shall provide that: (a) the Fund's assets of the Fund will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the foreign banking institution or its creditors or agent, except a claim of payment for their safe custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities)administration; (b) beneficial ownership for the assets of the Fund's assets Fund will be freely transferable without the payment of money or value other than for custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities)administration; (c) adequate records will be maintained identifying the assets as belonging to Bankthe Fund; (d) officers of or auditors employed by, or other representatives of the BankCustodian, including to the extent permitted under applicable law, law the independent public accountants for the Fund, will be given access to the books and records of the foreign banking institution relating to its actions under its agreement with the BankCustodian; and (e) assets of the Fund held by the Selected Foreign Subforeign sub-Custodian custodian will be subject only to the instructions of the Bank Custodian or its agents.its

Appears in 4 contracts

Samples: Custodian Contract (Tax Exempt Money Market Portfolio), Custodian Contract (Diversified Portfolio), Custodian Contract (Tax Exempt Bond Portfolio)

Agreements with Foreign Banking Institutions. Each of the -------------------------------------------- agreements pursuant to which a foreign banking institution holds assets of the Fund (each, a "Foreign Sub-Custodian Agreement") shall be substantially in the form previously made available provided to the Fund and shall provide that: (a) the Fund's assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the foreign banking institution or its creditors or agent, except a claim of payment for their safe custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (b) beneficial ownership of the Fund's assets will be freely transferable without the payment of money or value other than for custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (c) adequate records will be maintained identifying the assets as belonging to the Bank; (d) officers of or auditors employed by, or other representatives of the Bank, including to the extent permitted under applicable law, the independent public accountants for the Fund, will be given access to the books and records of the foreign banking institution relating to its actions under its agreement with the Bank; and (e) assets of the Fund held by the Selected Foreign Sub-Custodian will be subject only to the instructions of the Bank or its agents.

Appears in 4 contracts

Samples: Custodian Agreement (Atlas Insurance Trust), Custodian Agreement (Allmerica Investment Trust), Custodian Agreement (Allmerica Investment Trust)

Agreements with Foreign Banking Institutions. Each of the agreements pursuant to which a foreign banking institution holds assets of the Fund (each, a "Foreign Sub-Custodian Agreement") shall be substantially in the form previously made available provided to the Fund and shall provide that: (a) the Fund's assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the foreign banking institution or its creditors or agent, except a claim of payment for their safe custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (b) beneficial ownership of the Fund's assets will be freely transferable without the payment of money or value other than for custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (c) adequate records will be maintained identifying the assets as belonging to the Bank; (d) officers of or auditors employed by, or other representatives of the Bank, including to the extent permitted under applicable law, the independent public accountants for the Fund, will be given access to the books and records of the foreign banking institution relating to its actions under its agreement with the Bank; and (e) assets of the Fund held by the Selected Foreign Sub-Custodian will be subject only to the instructions of the Bank or its agents.

Appears in 4 contracts

Samples: Custodian Agreement (Allmerica Prime Trust), Custodian Agreement (Samco Fund Inc), Custodian Agreement (Strong Equity Funds Inc)

Agreements with Foreign Banking Institutions. Each of the -------------------------------------------- agreements pursuant to which a foreign banking institution holds assets of the Fund Company's Funds (each, a "Foreign Sub-Custodian custodian Agreement") shall be substantially in the form previously made available to the Fund Company and shall provide that: (a) the Fund's such assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the foreign banking institution or its creditors or agent, except a claim of payment for their safe custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (b) beneficial ownership of the Fund's such assets will be freely transferable without the payment of money or value other than for custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (c) adequate records will be maintained identifying the assets as belonging to the Bank; (d) officers of or auditors employed by, or other representatives of the Bank, including to the extent permitted under applicable law, the independent public accountants auditors for the FundCompany, will be given access to the books and records of the foreign banking institution relating to its actions under its agreement with the Bank; and (e) assets of the a Fund held by the Selected Foreign Sub-Custodian custodian will be subject only to the instructions of the Bank or its agents.

Appears in 3 contracts

Samples: Custody Agreement (Masterworks Funds Inc), Custody Agreement (Masterworks Funds Inc), Custody and Fund Accounting Agreement (Stagecoach Trust)

Agreements with Foreign Banking Institutions. Each of the -------------------------------------------- agreements pursuant to which a foreign banking institution holds assets of the Fund Trust's Master Portfolios (each, a "Foreign Sub-Custodian custodian Agreement") shall be substantially in the form previously made available to the Fund Trust and shall provide that: (a) the Fund's such assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the foreign banking institution or its creditors or agent, except a claim of payment for their safe custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (b) beneficial ownership of the Fund's such assets will be freely transferable without the payment of money or value other than for custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (c) adequate records will be maintained identifying the assets as belonging to the Bank; (d) officers of or auditors employed by, or other representatives of the Bank, including to the extent permitted under applicable law, the independent public accountants auditors for the FundTrust, will be given access to the books and records of the foreign banking institution relating to its actions under its agreement with the Bank; and (e) assets of the Fund a Master Portfolio held by the Selected Foreign Sub-Custodian custodian will be subject only to the instructions of the Bank or its agents.

Appears in 3 contracts

Samples: Custody Agreement (Master Investment Portfolio), Custody Agreement (Managed Series Investment Trust), Custody Agreement (Master Investment Portfolio)

Agreements with Foreign Banking Institutions. Each of the agreements pursuant to which a foreign banking institution holds assets of the Fund Company (each, a "Foreign Sub-Custodian Agreement") shall be substantially in the form previously made available to the Fund Company and shall provide that: (a) the FundCompany's assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the foreign banking institution or its creditors or agent, except a claim of payment for their safe custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (b) beneficial ownership of the FundCompany's assets will be freely transferable without the payment of money or value other than for custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration reregistraion of securities); (c) adequate records will be maintained identifying the assets as belonging to Bank; (d) officers of or auditors employed by, or other representatives of the Bank, including to the extent permitted under applicable law, the independent public accountants for the FundCompany, will be given access to the books and records of the foreign banking institution relating to its actions under its agreement with the Bank; and (e) assets of the Fund Company held by the Selected Foreign Sub-Custodian will be subject only to the instructions of the Bank or its agents.

Appears in 2 contracts

Samples: Custodian Agreement (Atlas Insurance Trust), Custodian Agreement (Atlas Funds)

Agreements with Foreign Banking Institutions. Each of the agreements pursuant to which agreement with a -------------------------------------------- foreign banking institution holds assets of the Fund (each, a "Foreign Sub-Custodian Agreement") shall be substantially in the form previously made available to the Fund set forth in Exhibit I hereto and shall provide that: (a) the Fund's assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the foreign banking institution or its creditors or agent, except a claim of payment for their safe custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities)administration; (b) beneficial ownership of the Fund's assets will be freely transferable without the payment of money or value other than for custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities)administration; (c) adequate records will be maintained identifying the assets as belonging to Bankthe Fund; (d) officers of or auditors employed by, or other representatives of the BankCustodian, including to the extent permitted under applicable law, law the independent public accountants for the Fund, will be given access to the books and records of the foreign banking institution relating to its actions under its agreement with the BankCustodian; and (e) assets of the Fund held by the Selected Foreign Subforeign sub-Custodian custodian will be subject only to the instructions of the Bank Custodian or its agents.

Appears in 2 contracts

Samples: Custodian Contract (Prudential Distressed Securities Fund Inc), Custodian Contract (Prudential Distressed Securities Fund Inc)

Agreements with Foreign Banking Institutions. Each of the agreements pursuant to which a foreign banking institution holds assets of the Fund (each, a "Foreign Sub-Sub- Custodian Agreement") shall be substantially in the form previously made available to the Fund and shall provide that: (a) the Fund's assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the foreign banking institution or its creditors or agent, except a claim of payment for their safe custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (b) beneficial ownership of the Fund's assets will be freely transferable without the payment of money or value other than for custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (c) adequate records will be maintained identifying the assets as belonging to Bankthe Fund; (d) officers of or auditors employed by, or other representatives of the Bank, including to the extent permitted under applicable law, the independent public accountants for the Fund, will be given access to the books and records of the foreign banking institution relating to its actions under its agreement with the Bank; and (e) assets of the Fund held by the Selected Foreign Sub-Custodian will be subject only to the instructions of the Bank or its agents.

Appears in 2 contracts

Samples: Custodian Agreement (Guinness Flight Investment Funds), Custodian Agreement (Guinness Flight Investment Funds Inc)

Agreements with Foreign Banking Institutions. Each of the agreements pursuant to which agreement --------------------------------------------- with a foreign banking institution holds assets of the Fund (each, a "Foreign Sub-Custodian Agreement") shall be substantially in the form previously made available to the Fund set forth in Exhibit 1 hereto and shall provide that: (a) the Fund's assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the foreign banking institution or its creditors or agent, except a claim of payment for their safe custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities)administration; (b) beneficial ownership of the Fund's assets will be freely transferable without the payment of money or value other than for custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities)administration; (c) adequate records will be maintained identifying the assets as belonging to Bankthe Fund; (d) officers of or auditors employed by, or other representatives of the BankCustodian, including to the extent permitted under applicable law, law the independent public accountants for the Fund, will be given access to the books and records of the foreign banking institution relating to its actions under its agreement with the BankCustodian; and (e) assets of the Fund held by the Selected Foreign Subforeign sub-Custodian custodian will be subject only to the instructions of the Bank Custodian or its agents.

Appears in 2 contracts

Samples: Custodian Contract (Prudential Structured Maturity Fund Inc), Custodian Contract (Prudential Structured Maturity Fund Inc)

Agreements with Foreign Banking Institutions. Each of the agreements pursuant to which a foreign banking institution holds assets of the Fund (each, a "Foreign Sub-Custodian Agreement") shall be substantially in the form previously made available provided to the Fund and shall provide that: (a) the Fund's ’s assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the foreign banking institution or its creditors or agent, except a claim of payment for their safe custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (b) beneficial ownership of the Fund's ’s assets will be freely transferable without the payment of money or value other than for custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (c) adequate records will be maintained identifying the assets as belonging to the Bank; (d) officers of or auditors employed by, or other representatives of the Bank, including to the extent permitted under applicable law, the independent public accountants for the Fund, will be given access to the books and records of the foreign banking institution relating to its actions under its agreement with the Bank; and (e) assets of the Fund held by the Selected Foreign Sub-Custodian will be subject only to the instructions of the Bank or its agents.

Appears in 2 contracts

Samples: Custodian Agreement (Transamerica Investors Inc), Custodian Agreement (Transamerica Investors Inc)

Agreements with Foreign Banking Institutions. Each of the agreements pursuant to which agreement with a foreign banking institution holds assets of the Fund (each, a "Foreign Sub-Custodian Agreement") shall be substantially in the form previously made available to the Fund set forth in Exhibit 1 hereto and shall provide that: (a) the Fund's assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the foreign banking institution or its creditors or agentcreditors, except a claim of payment for their safe custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities)administration; (b) beneficial ownership of the Fund's assets will be freely transferable without the payment of money or value other than for custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities)administration; (c) adequate records will be maintained identifying the assets as belonging to Bankthe Fund; (d) officers of or of, auditors employed by, by or other representatives of the BankCustodian, including to the extent permitted under applicable law, law the independent public accountants for the Fund, will be given access to the books and records of the foreign banking institution relating to its actions under its agreement with the BankCustodian; and (e) assets of the Fund held by the Selected Foreign Subforeign sub-Custodian custodian will be subject only to the instructions of the Bank Custodian or its agents.

Appears in 2 contracts

Samples: Custodian Contract (Scudder Portfolio Trust/), Custodian Contract (Scudder Variable Life Investment Fund/Ma/)

Agreements with Foreign Banking Institutions. Each of the agreements pursuant to which a foreign banking institution holds assets of the Fund (each, a "Foreign Sub-Custodian Agreement") shall be substantially in the form previously made available to the Fund and shall provide that: (a) the Fund's assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the foreign banking institution or its creditors or agent, except a claim of payment for their safe custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration re-registration of securities); (b) beneficial ownership of the Fund's assets will be freely transferable without the payment of money or value other than for custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration re- registration of securities); (c) adequate records will be maintained identifying the assets as belonging to Bank; (d) officers of or auditors employed by, or other representatives of the Bank, including to the extent permitted under applicable law, the independent public accountants for the Fund, will be given access to the books and records of the foreign banking institution relating to its actions under its agreement with the Bank; and (e) assets of the Fund held by the Selected Foreign Sub-Custodian will be subject only to the instructions of the Bank or its agents.

Appears in 1 contract

Samples: Custodian Agreement (Principled Equity Index Fund)

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Agreements with Foreign Banking Institutions. Each of the agreements pursuant to which a foreign banking institution holds assets of the Fund (each, a "Foreign Sub-Custodian Agreement") shall be substantially in the form previously made available to the Fund and shall provide that: (a) the Fund's assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the foreign banking institution or its creditors or agent, except a claim of payment for their safe custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration registration of securities); (b) beneficial ownership of the Fund's assets will be freely transferable without the payment of money or value other than for custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (c) adequate records will be maintained identifying the assets as belonging to Bank; (d) officers of or auditors employed by, or other representatives of the Bank, including to the extent permitted under applicable law, the independent public accountants for the Fund, will be given access to the books and records of the foreign banking institution relating to its actions under its agreement with the Bank; and (e) assets of the Fund held by the Selected Foreign Sub-Custodian will be subject only to the instructions of the Bank or its agents.

Appears in 1 contract

Samples: Custodian Agreement (DLB Fund Group)

Agreements with Foreign Banking Institutions. Each of the agreements pursuant to which a foreign banking institution holds assets of the Fund (each, a "Foreign Sub-Custodian Agreement") shall be substantially in the form previously made available to the Fund and shall provide that: (a) the Fund's assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the foreign banking banning institution or its creditors or agent, except a claim of payment for their safe custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (b) beneficial ownership of the Fund's assets will be freely transferable without the payment of money or value other than for custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (c) adequate records will be maintained identifying the assets as belonging to Bank; (d) officers of or auditors employed by, or other representatives of the Bank, including to the extent permitted under applicable law, the independent public accountants for the Fund, will be given access to the books and records of the foreign banking institution relating to its actions under its agreement with the Bank; and (e) assets of the Fund held by the Selected Foreign Sub-Custodian will be subject only to the instructions of the Bank or its agents.

Appears in 1 contract

Samples: Master Custodian Agreement (Standish Ayer & Wood Investment Trust)

Agreements with Foreign Banking Institutions. Each of the agreements pursuant to which a foreign banking institution holds assets of the Fund Trust (each, a "Foreign Sub-Custodian Agreement") shall be substantially in the form previously made available to the Fund Trust and shall provide that: (a) the FundTrust's assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the foreign banking institution or its creditors or agent, except a claim of payment for their safe custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (b) beneficial ownership of the FundTrust's assets will be freely transferable without the payment of money or value other than for custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (c) adequate records will be maintained identifying the assets as belonging to Bank; (d) officers of or auditors employed by, or other representatives of the Bank, including to the extent permitted under applicable law, the independent public accountants for the FundTrust, will be given access to the books and records of the foreign banking institution relating to its actions under its agreement with the Bank; and (e) assets of the Fund Trust held by the Selected Foreign Sub-Custodian will be subject only to the instructions of the Bank or its agents.

Appears in 1 contract

Samples: Custodian Agreement (Green Century Funds)

Agreements with Foreign Banking Institutions. Each of the agreements pursuant to which a foreign banking institution holds assets of the Fund (each, a "Foreign Sub-Custodian Agreement") shall be substantially in the form previously made available to the Fund and shall provide that: (a) the Fund's assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the foreign banking institution or its creditors or agent, except a claim of payment for their safe custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (b) beneficial ownership of the Fund's assets will be freely transferable without the payment of money or value other than for custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (c) adequate records will be maintained identifying the assets as belonging to the Bank; (d) officers of or auditors employed by, or other representatives of the Bank, including to the extent permitted under applicable law, the independent public accountants for the Fund, will be given access to the books and records of the foreign banking institution relating to its actions under its agreement with the Bank; and (e) assets of the Fund held by the Selected Foreign Sub-Custodian will be subject only to the instructions of the Bank or its agents.

Appears in 1 contract

Samples: Custodian Agreement (Ubs Private Investor Funds Inc)

Agreements with Foreign Banking Institutions. Each of the -------------------------------------------- agreements pursuant to which a foreign banking institution holds assets of the Fund (each, a "Foreign Sub-Custodian Agreement") shall be substantially in the form previously made available provided to the Fund and shall provide that: (a) the Fund's assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the foreign banking institution or its creditors or agent, except a claim of payment for their safe custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (b) beneficial ownership of the Fund's assets will be freely transferable without the payment of money or value other than for custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (c) adequate records will be maintained identifying the assets as belonging to the Bank; (d) officers of or auditors employed by, or other representatives of the Bank, including to the extent permitted under applicable law, the independent public accountants for the Fund, will be given access to the books and records of the foreign banking institution relating to its actions under its agreement with the Bank; , and (e) assets of the Fund held by the Selected Foreign Sub-Custodian will be subject only to the instructions of the Bank or its agents.

Appears in 1 contract

Samples: Custodian Agreement (State Farm Variable Product Trust)

Agreements with Foreign Banking Institutions. Each of the agreements pursuant to which a foreign banking institution holds assets of the Fund (each, a "Foreign Sub-Custodian Agreement") Agreements shall be substantially in the form previously made available provided to the Fund and a Fund, which form shall provide provide, among other things, that: (a) the Fund's assets attributable to a Portfolio will not be subject to any right, charge, security interest, lien lien, or claim of any kind in favor of the foreign banking institution or its creditors or agent, except a claim of payment for their the assets’ safe custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (b) beneficial ownership of the Fund's assets attributable to a Portfolio will be freely transferable without the payment of money or value other than for custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (c) adequate records will be maintained identifying the assets as belonging attributable to Bankthe Portfolio or the Bank on behalf of its clients, as the case may be; (d) officers of or auditors employed by, or other representatives of the Bank, including (to the extent permitted under applicable law, ) the independent public accountants for the Fund, will be given access to the books and records of the foreign banking institution relating to its actions under its agreement with the Bank; and (e) assets of the Fund attributable to a Portfolio held by the Selected Foreign Sub-Custodian will be subject only to the instructions of the Bank or its agents.

Appears in 1 contract

Samples: Custodian Agreement (FFTW Funds Inc)

Agreements with Foreign Banking Institutions. Each of the agreements pursuant to which a foreign banking institution holds assets of the Fund (each, a "Foreign Sub-Custodian Agreement") shall be substantially in the form previously made available to the Fund and shall provide that: (a) the Fund's assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the foreign banking institution or its creditors or agent, except a claim of payment for their safe custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration re-registration of securities); (b) beneficial ownership of the Fund's assets will be freely transferable without the payment of money or value other than for custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration re-registration of securities); (c) adequate records will be maintained identifying the assets as belonging to Bank; (d) officers of or auditors employed by, or other representatives of the Bank, including to the extent permitted under applicable law, the independent public accountants for the Fund, will be given access to the books and records of the foreign banking institution relating to its actions under its agreement with the Bank; and (e) assets of the Fund held by the Selected Foreign Sub-Custodian will be subject only to the instructions of the Bank or its agents.

Appears in 1 contract

Samples: Custodian Agreement (Cova Series Trust)

Agreements with Foreign Banking Institutions. Each of the agreements pursuant to which a foreign banking institution holds assets of the Fund (each, a "Foreign Sub-Custodian Agreement") shall be substantially in the form previously made available to the Fund and shall provide that: (a) the Fund's assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the foreign banking institution or its creditors or agent, except a claim of payment for their safe custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (b) beneficial ownership of the Fund's assets will be freely transferable without the payment of money or value other than for custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (c) adequate records will be maintained identifying the assets as belonging to Bankthe Fund; (d) officers of or auditors employed by, or other representatives of the Bank, including to the extent permitted under applicable law, the independent public accountants for the Fund, will be given access to the books and records of the foreign banking institution relating to its actions under its agreement with the Bank; and (e) assets of the Fund held by the Selected Foreign Sub-Custodian will be subject only to the instructions of the Bank or its agents.

Appears in 1 contract

Samples: Custodian Agreement (Brandes International Fund)

Agreements with Foreign Banking Institutions. Each of the agreements -------------------------------------------- pursuant to which a foreign banking institution holds assets of the Fund (each, a "Foreign Sub-Custodian Agreement") shall be substantially in the form previously made available to the Fund and shall provide that: (a) the Fund's assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the foreign banking institution or its creditors or agent, except a claim of payment for their safe custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (b) beneficial ownership of the Fund's assets will be freely transferable without the payment of money or value other than for safe custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (c) adequate records will be maintained identifying the assets as belonging to BankFund; (d) officers of or auditors employed by, or other representatives of the Bank, including to the extent permitted under applicable law, the independent public accountants for the Fund, will be given access to the books and records of the foreign banking institution relating to its actions under its agreement with the Bank; and (e) assets of the Fund held by the Selected Foreign Sub-Custodian will be subject only to the instructions of the Fund, the Bank or its agents.

Appears in 1 contract

Samples: Custodian Agreement (M Fund Inc)

Agreements with Foreign Banking Institutions. Each of the agreements pursuant to which a foreign banking institution holds assets of the Fund Company (each, a "Foreign Sub-Custodian Agreement") shall be substantially in the form previously made available to the Fund Company and shall provide that: (a) the FundCompany's assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the foreign banking institution or its creditors or agent, except a claim of payment for their safe custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (b) beneficial ownership of the FundCompany's assets will be freely transferable without the payment of money or value other than for custody or administration (including, without limitation, any fees or taxes payable upon transfers or reregistration of securities); (c) adequate records will be maintained identifying the assets as belonging to Bank; (d) officers of or auditors employed by, or other representatives of the Bank, including to the extent permitted under applicable law, the independent public accountants for the FundCompany, will be given access to the books and records of the foreign banking institution relating to its actions under its agreement with the Bank; and (e) assets of the Fund Company held by the Selected Foreign Sub-Custodian will be subject only to the instructions of the Bank or its agents.

Appears in 1 contract

Samples: Custodian Agreement (Atlas Assets Inc)

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