Appointment of Subcustodian. 1. Notwithstanding any other provisions of this Agreement, all or any of the monies or securities of Fund may be held in Custodian's own custody or in the custody of one or more other banks or trust companies selected by Custodian. Any such subcustodian selected by the Custodian must have the qualifications required for custodian under the Investment Company Act of 1940, as amended. Custodian shall be responsible to the Fund for any loss, damage or expense suffered or incurred by the Fund resulting from the actions or omissions of any subcustodians selected and appointed by Custodian (except subcustodians appointed at the request of Fund and as provided in Subsection 2 below) to the same extent Custodian would be responsible to the Fund under Section 5. of this Agreement if it committed the act or omission itself. Upon request of the Fund, Custodian shall be willing to contract with other subcustodians reasonably acceptable to the -13- Custodian for purposes of (i) effecting third-party repurchase transactions with banks, brokers, dealers, or other entities through the use of a common custodian or subcustodian, or (ii) providing depository and clearing agency services with respect to certain variable rate demand note securities, or (iii) for other reasonable purposes specified by Fund; provided, however, that the Custodian shall be responsible to the Fund for any loss, damage or expense suffered or incurred by the Fund resulting from the actions or omissions of any such subcustodian only to the same extent such subcustodian is responsible to the Custodian. The Fund shall be entitled to review the Custodian's contracts with any such subcustodians appointed at the request of Fund.
2. Notwithstanding any other provisions of this Agreement, Fund's foreign securities (as defined in Rule 17f- 5(c)(1) under the Investment Company Act of 1940) and Fund's cash or cash equivalents, in amounts reasonably necessary to effect Fund's foreign securities transactions, may be held in the custody of one or more banks or trust companies acting as subcustodians, according to Section 3.
Appointment of Subcustodian. With the consent of the Surety Provider, the Master Servicer may at any time appoint a subcustodian to perform all or any portion of its obligations as custodian hereunder; PROVIDED, HOWEVER, that the Master Servicer shall remain obligated and be liable to the Issuer, the Eligible Lender Trustee, the Indenture Trustee, the Certificateholders, the Noteholders and the Surety Provider for the custodial services with respect to the Financed Student Loan Files in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subcustodian and to the same extent and under the same terms and conditions as if the Master Servicer alone were performing the custodial services. The fees and expenses of the subcustodian shall be as agreed between the Master Servicer and its subcustodian from time to time and none of the Issuer, the Eligible Lender Trustee, the Indenture Trustee, the Certificateholders, the Noteholders or the Surety Provider shall have any responsibility therefor.
Appointment of Subcustodian. (a) The Master Servicer may at any time appoint one or more Servicers to act as a subcustodian (each a "Subcustodian") of the Financed Student Loan Files of the Financed Student Loans being serviced by such Servicer (the "Related Financed Student Loan Files") to perform all or any portion of its obligations as custodian hereunder; provided, however, that the Master Servicer shall remain obligated and be liable to the Issuer, the Eligible Lender Trustee, the Indenture Trustee, the Certificateholders and the Noteholders for the custodial services with respect to the Financed Student Loan Files in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such Subcustodian and to the same extent and under the same terms and conditions as if the Master Servicer alone were performing the custodial services. The fees and expenses of the Subcustodian shall be as agreed between the Master Servicer and its Subcustodian from time to time and none of the Issuer, the Eligible Lender Trustee, the Indenture Trustee, the Delaware Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor.
(b) The appointment of a Subcustodian by the Master Servicer shall become effective as of the date specified in the related Subservicing Agreement and shall continue in full force and effect with respect to each such Subcustodian and its Related Financed Student Loan Files for so long as such Subcustodian is a Servicer of the Financed Student Loans relating to such Financed Student Loan Files. As soon as practicable following the occurrence of an event of default as to which the Master Servicer is aware or has received notice of that is continuing under a Subservicing Agreement, the Master Servicer shall cause each applicable Subcustodian to deliver the Financed Student Loan Files held by it as directed by the Master Servicer.
Appointment of Subcustodian. 1. Notwithstanding any other provisions of this Agreement, all or any of the monies or securities of Fund may be held in Custodian's own custody or in the custody of one or more other banks or trust companies acting as subcustodians as may be selected by Custodian. Any such subcustodian selected by the Custodian must have the qualifications required for custodian under the Investment Company Act of 1940, as amended. The Custodian may participate directly or indirectly in the Depository Trust Company, Treasury/Federal Reserve Book Entry System, Participant Trust Company (as such entities are defined at 17 CFR Sec. 270.17f-4(b)) or other depository approved by the Fund and with which Custodian has a satisfactory direct or indirect contractual relationship. Custodian will appoint UMB and UMBTC as subcustodians and Custodian shall be responsible for UMB and UMBTC to the same extent Custodian is responsible to the Fund under Section 5. of this Agreement. Custodian is not responsible for DTC, the Treasury/Federal Reserve Book Entry System, and PTC except to the extent such entities are responsible to Custodian. Upon instruction of the Fund, Custodian shall be willing to contract with such entities as Bank of New York (BONY), Morgan Guaranty and Trust Company (MGTC), Chemical Bank (XX), xnd Bankers Trust Company (BT) for variable rate securities and Custodian will be responsible to the Fund to this same extent those entities are responsible to Custodian. The Fund shall be entitled to review Custodian's contracts with BONY, MGTC, CB, and BT.
2. Notwithstanding any other provisions of this Agreement, Fund's foreign securities (as defined in Rule 17f-5(c)(1) under the Investment Company Act of 1940) and Fund's cash or cash equivalents, in amounts deemed by the Fund to be reasonably necessary to effect Fund's foreign securities transactions, may be held in the custody of one or more banks or trust companies acting as subcustodians, according to Section 3.
Appointment of Subcustodian. (a) The Master Servicer may at any time appoint one or more Servicers to act as a subcustodian (each a "Subcustodian") of the Financed Student Loan Files of the Financed Student Loans being serviced by such Servicer (the "Related Financed Student Loan Files") to perform all or any portion of its obligations as custodian hereunder; provided, however, that the Master Servicer shall remain obligated and be liable to the Issuer, the Eligible Lender Trustee, the Indenture Trustee, the Certificateholders and the Noteholders for the custodial services with respect to the Financed Student Loan Files in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such Subcustodian and to the same extent and under the same terms and conditions as if the Master Servicer alone were performing the custodial services. The fees and expenses of the Subcustodian shall be as agreed between the Master Servicer and its Subcustodian from time to time and none of the Issuer, the Eligible Lender Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor.
Appointment of Subcustodian. (a) The Custodian hereby constitutes and appoints the Subcustodian as custodian of all the Securities and moneys owned by or in the possession of a Portfolio during the period of this Agreement which are delivered to it by the Custodian.
(b) The Subcustodian hereby accepts appointment as such custodian and agrees to perform the duties thereof as hereinafter set forth.
Appointment of Subcustodian. 11 SECTION 3.9. Compliance by the Eligible Lender Trustee with Insurance Agreements with the Secretary of HHS................................................... 11
Appointment of Subcustodian. During the term of this Agreement, Treasurer may elect to appoint a Subcustodian to hold Securities which are issued by foreign governments or foreign companies, for which principal trading markets are located outside the U.S. or for any other reason as Treasurer may determine is appropriate. Custodian shall enter into an agreement with Subcustodian (“Subcustody Agreement”). Treasurer shall approve said Subcustody Agreement and any amendments to the Subcustody Agreement. No Subcustody Agreement shall diminish Custodian’s obligation or liability to Treasurer. Custodian shall have a duty to perform initial and ongoing due-diligence reviews of all Subcustodians and shall report to Treasurer the results of reviews. Custodian agrees to execute other agreements from time to time as required by Treasurer to facilitate the movement of Securities, such as for the lending of Securities. No agreement shall be executed without the approval of Treasurer. An executed agreement between Custodian and any other necessary part(ies) shall be in place prior to the movement of any Financial Assets. In case of conflict between the terms of this Agreement and a Subcustody Agreement, the terms of this Agreement shall control.
Appointment of Subcustodian. 1. Notwithstanding any other provisions of this Agreement, all or any of the monies or securities of Fund may be held in Custodian's own custody or in the custody of one or more other banks or trust companies selected by Custodian and approved by the Fund's Board of Trustees. Any such subcustodian must have the qualifications required for custodian under the Investment Company Act of 1940, as amended. The subcustodian may participate directly or indirectly in the Depository Trust Company, Treasury/Federal Reserve Book Entry System, Participant Trust Company or other depository approved by the Fund (as such entities are defined at 17 CFR Sec. 170.17f-4(b)). The appointment of any subcustodian, depository, or clearing agency used by the Custodian and approved by the Fund will not relieve Custodian of any of its obligation hereunder except as provided in Section 3.C. hereof.
2. Notwithstanding any other provisions of this Agreement, Fund's foreign securities (as defined in Rule 17f5(c)(1) under the Investment Company Act of 1940) and Fund's cash or cash equivalents, in amounts reasonably necessary to effect Fund's foreign securities transactions, may be held in the custody of one or more banks or trust companies acting as subcustodians, according to Section 3.
Appointment of Subcustodian. 1. Notwithstanding any other provisions of this Agreement, all or any of the monies or securities of Fund may be held in Custodian's own custody or in the custody of one or more other banks or trust companies selected by Custodian. Any such subcustodian selected by the Custodian must have the qualifications required for custodian under the Investment Company Act of 1940, as amended. Custodian shall be responsible to the Fund for any loss, damage or expense suffered or incurred by the Fund resulting from the actions or omissions of any subcustodians selected and appointed by Custodian (except subcustodians appointed at the request of Fund and
2. Notwithstanding any other provisions of this Agreement, Fund's foreign securities (as defined in Rule 17f- 5(c)(1) under the Investment Company Act of 1940) and Fund's cash or cash equivalents, in amounts reasonably necessary to effect Fund's foreign securities transactions, may be held in the custody of one or more banks or trust companies acting as subcustodians, according to Section 3.
