Appointment of Other Agents. Custodian may employ other suitable agents, which may include affiliates of Custodian such as Bear, Xxxxxxx & Co. Inc. ("Bear Xxxxxxx") or Bear, Xxxxxxx Securities Corp. ("BS Securities"), both of which are securities broker-dealers, provided, however, that Custodian shall not employ (a) BS Securities to hold any collateral pledged by BS Securities under the Master Securities Loan Agreement or any other securities loan agreement between the Trust and BS Securities, whether now or hereafter in effect, or (b) Bear Xxxxxxx to hold any securities purchased from Bear Xxxxxxx under the Master Repurchase Agreement or any other repurchase agreement between the Trust and Bear Xxxxxxx, whether now or hereafter in effect, and Custodian shall not employ any agent that would subject a Portfolio to any special audits or other requirements pursuant to Rule 17f-1 under the 1940 Act. The appointment of any agent pursuant to this Section 3.7 shall not relieve Custodian of any of its obligations or liabilities under this Agreement.
Appears in 5 contracts
Samples: Custody Agreement (Barr Rosenberg Variable Insurance Trust), Custody Agreement (Barr Rosenberg Series Trust), Custody Agreement (Barr Rosenberg Series Trust)