Common use of BNY Mellon Actions Without Instructions Clause in Contracts

BNY Mellon Actions Without Instructions. Notwithstanding anything to the contrary set forth in this Agreement, and subject to BNY Mellon acting in accordance with the Standard of Care, each Customer hereby authorizes BNY Mellon, without Instructions, to take any administrative or ministerial actions with respect to the Accounts that it deems reasonably necessary or appropriate to perform its obligations under this Agreement, including the following: (a) Receive income and other payments due to the Accounts; provided, however, that BNY Mellon will have no duty to pursue collection of any amount due to an Account, including for Securities in default, if such amount is not paid when due; (b) Carry out any exchanges of Securities or other corporate actions not requiring discretionary decisions; (c) Facilitate access by the Customer or its designee to ballots or online systems to assist it in the voting of proxies received by BNY Mellon in its capacity as custodian for eligible positions of Securities held in the Accounts (excluding bankruptcy matters), all of which will be exercised by the Customer or its designee and not by BNY Mellon; (d) Forward to the Customer or its designee information (or summaries of information) that BNY Mellon receives in its capacity as custodian from Depositories or Subcustodians concerning Securities in the Accounts (excluding bankruptcy matters); (e) Forward to the Customer or its designee an initial notice of bankruptcy cases relating to Securities held in the Accounts and a notice of any required action related to such bankruptcy cases as may be received by BNY Mellon in its capacity as custodian. BNY Mellon will take no further action nor provide further notification related to the bankruptcy case; (f) Unless otherwise elected by the Customer, and in accordance with BNY Mellon’s standard terms and conditions, provide class action filing services for settled claims related to Securities with industry recognized identifiers; (g) Endorse for collection checks, drafts or other negotiable instruments received on behalf of the Accounts; (h) Execute and deliver, solely in its capacity as custodian, certificates, documents or instruments incidental to BNY Mellon’s performance under this Agreement; and (i) Upon presentment of a check pursuant to a check redemption process agreed between the Customer and BNY Mellon, unless otherwise instructed pursuant to instructions, charge the amount of the check against the cash held in the Account of the relevant Series. If BNY Mellon receives timely instructions that a check is not to be honored, BNY Mellon will return the check unpaid.

Appears in 13 contracts

Samples: Custody Agreement (Pioneer Series Trust X), Custody Agreement (Pioneer Fund /Ma/), Custody Agreement (Pioneer Money Market Trust)

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BNY Mellon Actions Without Instructions. Notwithstanding anything to the contrary set forth in this Agreement, and subject to BNY Mellon acting in accordance with the Standard of Care, each Customer hereby authorizes BNY Mellon, without Instructions, to take any administrative or ministerial actions with respect to the Accounts that it deems in good faith to be reasonably necessary or appropriate to perform its obligations under this Agreement, unless and until BNY Mellon receives an Instruction specifically directing BNY Mellon not to take certain actions, including the following: (a) Receive income and other payments due to the Accounts; provided, however, that BNY Mellon will have no duty to pursue collection of any amount due to an Account, including for Securities in default, if such amount is not paid when due; (b) Carry out any exchanges of Securities or other corporate actions not requiring discretionary decisions; (c) Facilitate access by the Customer or its designee to ballots or online systems to assist it in the voting of proxies received by BNY Mellon in its capacity as custodian for eligible positions of Securities held in the Accounts (excluding bankruptcy matters), all of which will be exercised by the Customer or its designee and not by BNY Mellon; (d) Forward to the Customer or its designee information (or summaries of information) that BNY Mellon receives in its capacity as custodian from Depositories or Subcustodians concerning Securities in the Accounts (excluding bankruptcy matters); (e) Forward to the Customer or its designee an initial notice of bankruptcy cases relating to Securities held in the Accounts and a notice of any required action related to such bankruptcy cases as may be received by BNY Mellon in its capacity as custodian. BNY Mellon will take no further action nor provide further notification related to the bankruptcy case; (f) Unless otherwise elected by the CustomerXxxxxxxx, and in accordance with BNY Mellon’s standard terms and conditions, provide class action filing services for settled claims related to Securities with industry recognized identifiers; (g) Endorse for collection checks, drafts or other negotiable instruments received on behalf of the Accounts;; and (h) Execute and deliver, solely in its capacity as custodian, certificates, documents or instruments incidental to BNY Mellon’s performance under this Agreement; and (i) Upon presentment of a check pursuant to a check redemption process agreed between the Customer and BNY Mellon, unless otherwise instructed pursuant to instructions, charge the amount of the check against the cash held in the Account of the relevant Series. If BNY Mellon receives timely instructions that a check is not to be honored, BNY Mellon will return the check unpaid.

Appears in 7 contracts

Samples: Custody Agreement (Federated Hermes ETF Trust), Custody Agreement (Federated Hermes ETF Trust), Custody Agreement (Federated Hermes ETF Trust)

BNY Mellon Actions Without Instructions. Notwithstanding anything to the contrary set forth in this Agreement, and subject to BNY Mellon acting in accordance with the Standard of Care, each Customer hereby authorizes BNY Mellon, without Instructions, to take any administrative or ministerial actions with respect to the Accounts that it deems in good faith to be reasonably necessary or appropriate to perform its obligations under this Agreement, including the following: (a) Receive income and other payments due to the Accounts; provided, however, that BNY Mellon will have no duty to pursue collection of any amount due to an Account, including for Securities in default, if such amount is not paid when due; (b) Carry out any exchanges of Securities or other corporate actions not requiring discretionary decisions; (c) Facilitate access by the Customer or its designee to ballots or online systems to assist it in the voting of proxies received by BNY Mellon in its capacity as custodian for eligible positions of Securities held in the Accounts (excluding bankruptcy matters), all of which will be exercised by the Customer or its designee and not by BNY Mellon; (d) Forward to the Customer or its designee information (or summaries of information) that BNY Mellon receives in its capacity as custodian from Depositories or Subcustodians concerning Securities in the Accounts (excluding bankruptcy matters); (e) Forward to the Customer or its designee an initial notice of bankruptcy cases relating to Securities held in the Accounts and a notice of any required action related to such bankruptcy cases as may be received by BNY Mellon in its capacity as custodian. BNY Mellon will take no further action nor provide further notification related to the bankruptcy case; (f) Unless otherwise elected by the CustomerXxxxxxxx, and in accordance with BNY Mellon’s standard terms and conditions, provide class action filing services for settled claims related to Securities with industry recognized identifiers; (g) Endorse for collection checks, drafts or other negotiable instruments received on behalf of for the Accounts; (h) Execute and deliver, solely in its capacity as custodian, certificates, documents or instruments incidental to BNY Mellon’s performance under this Agreement; and (i) Upon presentment of a check pursuant to a check redemption process agreed between the Customer and BNY Mellon, unless otherwise instructed pursuant to instructions, charge the amount of the check against the cash held in the Account of the relevant Series. If BNY Mellon receives timely instructions that a check is not to be honored, BNY Mellon will return the check unpaid.

Appears in 4 contracts

Samples: Custody Agreement (Alger Funds Ii), Custody Agreement (Alger Global Focus Fund), Custody Agreement (Alger Funds)

BNY Mellon Actions Without Instructions. Notwithstanding anything to the contrary set forth in this Agreement, and subject to BNY Mellon acting in accordance with the Standard of Care, each Customer hereby authorizes BNY Mellon, without Instructions, to take any administrative or ministerial actions with respect to the Accounts an Account that it deems reasonably necessary or appropriate to perform its obligations under this Agreement, including the following: (a) Receive income and other payments due to the Accounts; provided, however, that BNY Mellon will have no duty to pursue collection of any amount due to an Account, including for Securities in default, if such amount is not paid when due; (b) Carry out any exchanges of Securities or other corporate actions not requiring discretionary decisions, and any such exchange or corporate action will be made available to Customer; (c) Facilitate access by the Customer or its designee to ballots or online systems to assist it in the voting of proxies received by BNY Mellon in its capacity as custodian for eligible positions of Securities held in the Accounts (excluding bankruptcy matters), all of which will be exercised by the Customer or its designee and not by BNY Mellon; (d) Forward to the Customer or its designee (as directed by Xxxxxxxx) information (or summaries of information) that BNY Mellon receives in its capacity as custodian from Depositories or Subcustodians concerning Securities in the Accounts (excluding bankruptcy matters); (e) Forward to the Customer or its designee an initial (as directed by Customer) notice of bankruptcy cases relating to Securities held in the Accounts and a notice of any required action action(s) related to such bankruptcy cases as may be received by BNY Mellon in its capacity as custodian. BNY Mellon will take no further action nor provide further notification related to the bankruptcy casecase ; (f) Unless otherwise elected by the CustomerXxxxxxxx, and in accordance with BNY Mellon’s standard terms and conditions, provide class action filing services for settled claims related to Securities with industry recognized identifiers; (g) Endorse for collection checks, drafts or other negotiable instruments received on behalf of the Accounts; (h) Deposit Cash in accounts bearing interest at a reasonable rate in the banking department of BNY Mellon or an affiliated banking organization; and (i) Execute and deliver, solely in its capacity as custodian, certificates, documents or instruments incidental to BNY Mellon’s performance under this Agreement; and (i) Upon presentment of a check pursuant to a check redemption process agreed between the Customer and BNY Mellon, unless otherwise instructed pursuant to instructions, charge the amount of the check against the cash held in the Account of the relevant Series. If BNY Mellon receives timely instructions that a check is not to be honored, BNY Mellon will return the check unpaid,.

Appears in 4 contracts

Samples: Custody Agreement, Custody Agreement, Custody Agreement

BNY Mellon Actions Without Instructions. Notwithstanding anything to the contrary set forth in this Agreement, and subject to BNY Mellon acting in accordance with the Standard of Care, each Customer hereby authorizes BNY Mellon, without Instructions, to take any administrative or ministerial actions with respect to the Accounts that it deems reasonably necessary or appropriate to perform its obligations under this Agreement, including the following: (a) Receive income and other payments due to the Accounts; provided, however, that BNY Mellon will have no duty to pursue collection of any amount due to an Account, including for Securities in default, if such amount is not paid when due; (b) Carry out any exchanges of Securities or other corporate actions not requiring discretionary decisions; (c) Facilitate access by the Customer or its designee to ballots or online systems to assist it in the voting of proxies received by BNY Mellon in its capacity as custodian for eligible positions of Securities held in the Accounts (excluding bankruptcy matters), all of which will be exercised by the Customer or its designee and not by BNY Mellon; (d) Forward to the Customer or its designee information (or summaries of information) that BNY Mellon receives in its capacity as custodian from Depositories or Subcustodians concerning Securities in the Accounts (excluding bankruptcy matters); (e) Forward to the Customer or its designee an initial notice of bankruptcy cases relating to Securities held in the Accounts and a notice of any required action related to such bankruptcy cases as may be received by BNY Mellon in its capacity as custodian. BNY Mellon will take no further action nor provide further notification related to the bankruptcy case; (f) Unless otherwise elected by the Customer, and in accordance with BNY Mellon’s standard terms and conditions, provide class action filing services for settled claims related to Securities with industry recognized identifiers; (g) Endorse for collection checks, drafts or other negotiable instruments received on behalf of the Accounts; (h) Execute and deliver, solely in its capacity as custodian, certificates, documents or instruments incidental to BNY Mellon’s performance under this Agreement; and (i) Upon presentment of a check pursuant to a check redemption process agreed between the Customer and BNY Mellon, unless otherwise instructed pursuant to instructions, charge the amount of the check against the cash held in the Account of the relevant Series. If BNY Mellon receives timely instructions that a check is not to be honored, BNY Mellon will return the check unpaid.

Appears in 3 contracts

Samples: Custody Agreement (Forethought Variable Insurance Trust), Custody Agreement (Third Avenue Variable Series Trust), Custody Agreement (Third Avenue Trust)

BNY Mellon Actions Without Instructions. Notwithstanding anything to the contrary set forth in this Agreement, and subject to BNY Mellon acting in accordance with the Standard of Care, each Customer hereby authorizes BNY Mellon, without Instructions, to take any administrative or ministerial actions with respect to the Accounts that it deems reasonably necessary or appropriate to perform its obligations under this Agreement, unless otherwise instructed to the contrary by Customer, including the following: (a) Receive income and other payments due to the AccountsAccounts and make available information to the Customer in respect of such payments; provided, however, that BNY Mellon will have no duty to pursue collection of any amount due to an Account, including for Securities in default, if such amount is not paid when due; (b) Carry out any exchanges of Securities or other corporate actions not requiring discretionary decisions; (c) Facilitate access by the Customer or its designee to ballots or online systems to assist it in the voting of proxies received by BNY Mellon in its capacity as custodian for eligible positions of Securities held in the Accounts (excluding bankruptcy matters), all of which will be exercised by the Customer or its designee and not by BNY Mellon; (d) Forward to the Customer or its designee information (or summaries of information) that BNY Mellon receives in its capacity as custodian (i) from issuers of Securities which, in the opinion of BNY Mellon, using reasonable judgment, are intended for beneficial owners of Securities and (ii) from Depositories or Subcustodians concerning Securities in the Accounts (excluding bankruptcy matters); (e) Forward to the Customer or its designee an initial notice of bankruptcy cases relating to Securities held in the Accounts and a notice of any required action related to such bankruptcy cases as may be received by BNY Mellon in its capacity as custodian. BNY Mellon will take no further action nor provide further notification related to the bankruptcy case; (f) Unless otherwise elected by the CustomerCxxxxxxx, and in accordance with BNY Mellon’s standard terms and conditions, provide class action filing services for settled claims related to Securities with industry recognized identifiers; (g) Endorse for collection checks, drafts drafts, or other negotiable instruments received on behalf of for the Accounts;; and (h) Execute and deliver, solely in its capacity as custodian, certificates, documents documents, or instruments incidental to BNY Mellon’s performance under this Agreement; and (i) Upon presentment of a check pursuant to a check redemption process agreed between the Customer and BNY Mellon, unless otherwise instructed pursuant to instructions, charge the amount of the check against the cash held in the Account of the relevant Series. If BNY Mellon receives timely instructions that a check is not to be honored, BNY Mellon will return the check unpaid.

Appears in 2 contracts

Samples: Custody Agreement (2023 ETF Series Trust), Custody Agreement (2023 ETF Series Trust)

BNY Mellon Actions Without Instructions. Notwithstanding anything to the contrary set forth in this Agreement, and subject to BNY Mellon acting in accordance with the Standard of Care, each Customer hereby authorizes BNY Mellon, without Instructions, to take any administrative or ministerial actions with respect to the Accounts that it deems reasonably necessary or appropriate to perform its obligations under this Agreement, including the following: (a) Receive income and other payments due to the Accounts; provided, however, that BNY Mellon will have no duty to pursue collection of any amount due to an Account, including for Securities in default, if such amount is not paid when due; (b) Carry out any exchanges of Securities or other corporate actions not requiring discretionary decisions; (c) Facilitate access by the Customer or its designee to ballots or online systems to assist it in the voting of proxies received by BNY Mellon in its capacity as custodian for eligible positions of Securities held in the Accounts (excluding bankruptcy matters), all of which will be exercised by the Customer or its designee and not by BNY Mellon; (d) Forward to the Customer or its designee information (or summaries of information) that BNY Mellon receives in its capacity as custodian from Depositories or Subcustodians concerning Securities in the Accounts (excluding bankruptcy matters); (e) Forward to the Customer or its designee an initial notice of bankruptcy cases relating to Securities held in the Accounts and a notice of any required action related to such bankruptcy cases as may be received by BNY Mellon in its capacity as custodian. BNY Mellon will take no further action nor provide further notification related to the bankruptcy case; (f) Unless otherwise elected by the CustomerXxxxxxxx, and in accordance with BNY Mellon’s standard terms and conditions, provide class action filing services for settled claims related to Securities with industry recognized identifiers; (g) Endorse for collection checks, drafts or other negotiable instruments received on behalf of for the Accounts; (h) Execute and deliver, solely in its capacity as custodian, certificates, documents or instruments incidental to BNY Mellon’s performance under this Agreement; and (i) Upon presentment of a check pursuant to a check redemption process agreed between the Customer and BNY Mellon, unless otherwise instructed pursuant to instructionsInstructions, charge the amount of the check against the cash held in the Account of the relevant Series. If BNY Mellon receives timely instructions Instructions that a check is not to be honored, BNY Mellon will return the check unpaid.

Appears in 2 contracts

Samples: Custody Agreement (KKR US Direct Lending Fund-U), Custody Agreement (KKR Asset-Based Income Fund)

BNY Mellon Actions Without Instructions. Notwithstanding anything to the contrary set forth in this Agreement, and subject to BNY Mellon acting in accordance with the Standard of Care, each Customer hereby authorizes BNY Mellon, without Instructions, to take any administrative or ministerial actions with respect to the Accounts that it deems reasonably necessary or appropriate to perform its obligations under this Agreement, including the following: (a) Receive income and other payments due to the Accounts; provided, however, that BNY Mellon will have no duty to pursue collection of any amount due to an Account, including for Securities in default, if such amount is not paid when due; (b) Carry out any exchanges of Securities or other corporate actions not requiring discretionary decisions; (c) Facilitate access by the Customer or its designee to ballots or online systems to assist it in the voting of proxies received by BNY Mellon in its capacity as custodian for eligible positions of Securities held in the Accounts (excluding bankruptcy matters), all of which will be exercised by the Customer or its designee and not by BNY Mellon; (d) Forward to the Customer or its designee information (or summaries of information) that BNY Mellon receives in its capacity as custodian from Depositories or Subcustodians concerning Securities in the Accounts (excluding bankruptcy matters); (e) Forward to the Customer or its designee an initial notice of bankruptcy cases relating to Securities held in the Accounts and a notice of any required action related to such bankruptcy cases as may be received by BNY Mellon in its capacity as custodian. BNY Mellon will take no further action nor provide further notification related to the bankruptcy case; (f) Unless otherwise elected by the Customer, and in accordance with BNY Mellon’s standard terms and conditions, provide class action filing services for settled claims related to Securities with industry recognized identifiers; (g) Endorse for collection checks, drafts or other negotiable instruments received on behalf of the Accounts; (h) Execute and deliver, solely in its capacity as custodian, certificates, documents or instruments incidental to BNY Mellon’s performance under this Agreement; and (i) Upon presentment of a check pursuant to a check redemption process agreed between the Customer and BNY Mellon, unless otherwise instructed pursuant to instructions, charge the amount of the check against the cash held in the Account of the relevant Series. If BNY Mellon receives timely instructions that a check is not to be honored, BNY Mellon will return the check unpaid.

Appears in 2 contracts

Samples: Custody Agreement (Matthews International Funds), Custody Agreement (Simplify Exchange Traded Funds)

BNY Mellon Actions Without Instructions. Notwithstanding anything to the contrary set forth in this Agreement, and subject to BNY Mellon acting in accordance with the Standard of Care, each Customer hereby authorizes BNY Mellon, without Instructions, to take any administrative or ministerial actions with respect to the Accounts that it deems reasonably necessary or appropriate to perform its obligations under this Agreement, including the following: : (a) Receive income and other payments due to the Accounts; provided, however, that BNY Mellon will have no duty to pursue collection of any amount due to an Account, including for Securities in default, if such amount is not paid when due; ; (b) Carry out any exchanges of Securities or other corporate actions not requiring discretionary decisions; ; (c) Facilitate access by the Customer or its designee to ballots or online systems to assist it in the voting of proxies received by BNY Mellon in its capacity as custodian for eligible positions of Securities held in the Accounts (excluding bankruptcy matters), all of which will be exercised by the Customer or its designee and not by BNY Mellon; ; (d) Forward to the Customer or its designee information (or summaries of information) that BNY Mellon receives in its capacity as custodian from Depositories or Subcustodians concerning Securities in the Accounts (excluding bankruptcy matters); ; (e) Forward to the Customer or its designee an initial notice of bankruptcy cases relating to Securities held in the Accounts and a notice of any required action related to such bankruptcy cases as may be received by BNY Mellon in its capacity as custodian. BNY Mellon will take no further action nor provide further notification related to the bankruptcy case; ; (f) Unless otherwise elected by the Customer, and in accordance with BNY Mellon’s standard terms and conditions, provide class action filing services for settled claims related to Securities with industry recognized identifiers; ; (g) Endorse for collection checks, drafts or other negotiable instruments received on behalf of for the Accounts; ; (h) Execute and deliver, solely in its capacity as custodian, certificates, documents or instruments incidental to BNY Mellon’s performance under this Agreement; and and (i) Upon presentment of a check pursuant to a check redemption process agreed between the Customer and BNY Mellon, unless otherwise instructed pursuant to instructions, charge the amount of the check against the cash held in the Account of the relevant Series. If BNY Mellon receives timely instructions that a check is not to be honored, BNY Mellon will return the check unpaid.

Appears in 2 contracts

Samples: Custody Agreement (DGI Investment Trust), Custody Agreement (DGI Investment Trust)

BNY Mellon Actions Without Instructions. Notwithstanding anything to the contrary set forth in this Agreement, and subject to BNY Mellon acting in accordance with the Standard of Care, each Customer hereby authorizes BNY Mellon, without Instructions, to take any administrative or ministerial actions with respect to the Accounts that it deems reasonably necessary or appropriate to perform its obligations under this Agreement, including the following: (a) Receive income and other payments due to the Accounts; provided, however, that BNY Mellon will have no duty to pursue collection of any amount due to an Account, including for Securities in default, if such amount is not paid when due; (b) Carry out any exchanges of Securities or other corporate actions not requiring discretionary decisions; (c) Facilitate access by the Customer or its designee to ballots or online systems to assist it in the voting of proxies received by BNY Mellon in its capacity as custodian for eligible positions of Securities held in the Accounts (excluding bankruptcy matters), all of which will be exercised by the Customer or its designee and not by BNY Mellon; (d) Forward to the Customer or its designee information (or summaries of information) that BNY Mellon receives in its capacity as custodian from Depositories or Subcustodians concerning Securities in the Accounts (excluding bankruptcy matters); (e) Forward to the Customer or its designee an initial notice of bankruptcy cases relating to Securities held in the Accounts and a notice of any required action related to such bankruptcy cases as may be received by BNY Mellon in its capacity as custodian. BNY Mellon will take no further action nor provide further notification related to the bankruptcy case; (f) Unless otherwise elected by the CustomerXxxxxxxx, and in accordance with BNY Mellon’s standard terms and conditions, provide class action filing services for settled claims related to Securities with industry recognized identifiers; (g) Endorse for collection checks, drafts or other negotiable instruments received on behalf of the Accounts; (h) Execute and deliver, solely in its capacity as custodian, certificates, documents or instruments incidental to BNY Mellon’s performance under this Agreement; and (i) Upon presentment of a check pursuant to a check redemption process agreed between the Customer and BNY Mellon, unless otherwise instructed pursuant to instructions, charge the amount of the check against the cash held in the Account of the relevant Series. If BNY Mellon receives timely instructions that a check is not to be honored, BNY Mellon will return the check unpaid.

Appears in 1 contract

Samples: Custody Agreement (Matthews International Funds)

BNY Mellon Actions Without Instructions. Notwithstanding anything to the contrary set forth in this Agreement, and subject to BNY Mellon acting in accordance with the Standard of Care, each Customer hereby authorizes BNY Mellon, without Instructions, to take any administrative or ministerial actions with respect to the Accounts that it deems reasonably necessary or appropriate to perform its obligations under this Agreement, including the following: (a) Receive income and other payments due to the Accounts; provided, however, that BNY Mellon will have no duty to pursue collection of any amount due to an Account, including for Securities in default, if such amount is not paid when due; (b) Carry out any exchanges of Securities or other corporate actions not requiring discretionary decisions; (c) Facilitate access by the Customer or its designee to ballots or online systems to assist it in the voting of proxies received by BNY Mellon in its capacity as custodian for eligible positions of Securities held in the Accounts (excluding bankruptcy matters), all of which will be exercised by the Customer or its designee and not by BNY Mellon; (d) Forward to the Customer or its designee information (or summaries of information) that BNY Mellon receives in its capacity as custodian from Depositories or Subcustodians concerning Securities in the Accounts (excluding bankruptcy matters); (e) Forward to the Customer or its designee an initial notice of bankruptcy cases relating to Securities held in the Accounts and a notice of any required action related to such bankruptcy cases as may be received by BNY Mellon in its capacity as custodian. BNY Mellon will take no further action nor provide further notification related to the bankruptcy case; (f) Unless otherwise elected by the Customer, and in accordance with BNY Mellon’s standard terms and conditions, provide class action filing services for settled claims related to Securities with industry recognized identifiers; (g) Endorse for collection checks, drafts or other negotiable instruments received on behalf of the Accounts;; and (h) Execute and deliver, solely in its capacity as custodian, certificates, documents or instruments incidental to BNY Mellon’s performance under this Agreement; and (i) Upon presentment of a check pursuant to a check redemption process agreed between the Customer and BNY Mellon, unless otherwise instructed pursuant to instructions, charge the amount of the check against the cash held in the Account of the relevant Series. If BNY Mellon receives timely instructions that a check is not to be honored, BNY Mellon will return the check unpaid.

Appears in 1 contract

Samples: Custody Agreement (Wilshire wShares Enhanced Gold Trust)

BNY Mellon Actions Without Instructions. Notwithstanding anything to the contrary set forth in this Agreement, and subject to BNY Mellon acting in accordance with the Standard of Care, each Customer hereby authorizes BNY Mellon, without Instructions, to take any administrative or ministerial actions with respect to the Accounts an Account that it deems reasonably necessary or appropriate to perform its obligations under this Agreement, including the following: (a) Receive income and other payments due to the Accounts; provided, however, that BNY Mellon will have no duty to pursue collection of any amount due to an Account, including for Securities in default, if such amount is not paid when due; (b) Carry out any exchanges of Securities or other corporate actions not requiring discretionary decisions; (c) Facilitate access by the Customer or its designee to ballots or online systems to assist it in the voting of proxies received by BNY Mellon in its capacity as custodian for eligible positions of Securities held in the Accounts (excluding bankruptcy matters), all of which will be exercised by the Customer or its designee and not by BNY Mellon; (d) Forward to the Customer or its designee information (or summaries of information) that BNY Mellon receives in its capacity as custodian from Depositories or Subcustodians concerning Securities in the Accounts (excluding bankruptcy matters); (e) Forward to the Customer or its designee an initial notice of bankruptcy cases relating to Securities held in the Accounts and a notice of any required action related to such bankruptcy cases as may be received by BNY Mellon in its capacity as custodian. BNY Mellon will take no further action nor provide further notification related to the bankruptcy case; (f) Unless otherwise elected by the CustomerXxxxxxxx, and in accordance with BNY Mellon’s standard terms and conditions, provide class action filing services for settled claims related to Securities with industry recognized identifiers; (g) Endorse for collection checks, drafts or other negotiable instruments received on behalf of for the Accounts; (h) Execute and deliver, solely in its capacity as custodian, certificates, documents or instruments incidental to BNY Mellon’s performance under this Agreement; and (i) Upon presentment of a check pursuant to a check redemption process agreed between the Customer and BNY Mellon, unless otherwise instructed pursuant to instructionsInstructions, charge the amount of the check against the cash held in the Account of the relevant Seriesunder this Agreement. If BNY Mellon receives timely instructions Instructions that a check is not to be honored, BNY Mellon will return the check unpaid.

Appears in 1 contract

Samples: Custody Agreement (Crescent Private Credit Income Corp)

BNY Mellon Actions Without Instructions. Notwithstanding anything to the contrary set forth in this Agreement, and subject to BNY Mellon acting in accordance with the Standard of Care, each Customer hereby authorizes BNY Mellon, without Instructions, to take any administrative or ministerial actions with respect to the Accounts that it deems reasonably necessary or appropriate to perform its obligations under this Agreement, including the following: (a) Receive income and other payments due to the AccountsAccounts and make available information to the Customer promptly to enable Customer to identify any such amounts due but not paid; provided, however, that BNY Mellon will have no duty to pursue collection of any amount due to an Account, including for Securities in default, if such amount is not paid when due; (b) Carry out any exchanges of Securities or other corporate actions not requiring discretionary decisions; (c) Facilitate access by the Customer or its designee to ballots or online systems to assist it in the voting of proxies received by BNY Mellon in its capacity as custodian for eligible positions of Securities held in the Accounts (excluding bankruptcy matters), all of which will be exercised by the Customer or its designee and not by BNY Mellon; (d) Forward to the Customer or its designee information (or summaries of information) that BNY Mellon receives in its capacity as custodian from issuers of Securities which, in the opinion of BNY Mellon, are intended for beneficial owners of Securities and from Depositories or Subcustodians concerning Securities in the Accounts (excluding bankruptcy matters); (e) Forward to the Customer or its designee an initial notice of bankruptcy cases relating to Securities held in the Accounts and a notice of any required action related to such bankruptcy cases as may be received by BNY Mellon in its capacity as custodian. BNY Mellon will take no further action nor provide further notification related to the bankruptcy case; (f) Unless otherwise elected by the CustomerXxxxxxxx, and in accordance with BNY Mellon’s standard terms and conditions, provide class action filing services for settled claims related to Securities with industry recognized identifiers; (g) Endorse for collection checks, drafts or other negotiable instruments received on behalf of for the Accounts;; and (h) Execute and deliver, solely in its capacity as custodian, certificates, documents or instruments incidental to BNY Mellon’s performance under this Agreement; and (i) Upon presentment of a check pursuant to a check redemption process agreed between the Customer and BNY Mellon, unless otherwise instructed pursuant to instructions, charge the amount of the check against the cash held in the Account of the relevant Series. If BNY Mellon receives timely instructions that a check is not to be honored, BNY Mellon will return the check unpaid.

Appears in 1 contract

Samples: Custody Agreement (Global X Funds)

BNY Mellon Actions Without Instructions. Notwithstanding anything to the contrary set forth in this Agreement, and subject to BNY Mellon acting in accordance with the Standard of Care, each Customer hereby authorizes BNY Mellon, without Instructions, to take any administrative or ministerial actions with respect to the Accounts that it deems in good faith to be reasonably necessary or appropriate to perform its obligations under this Agreement, unless and until BNY Mellon receives an Instruction specifically directing BNY Mellon not to take certain actions, including the following: (a) Receive income and other payments due to the Accounts; provided, however, that BNY Mellon will have no duty to pursue collection of any amount due to an Account, including for Securities in default, if such amount is not paid when due; (b) Carry out any exchanges of Securities or other corporate actions not requiring discretionary decisions; (c) Facilitate access by the Customer or its designee to ballots or online systems to assist it in the voting of proxies received by BNY Mellon in its capacity as custodian for eligible positions of Securities held in the Accounts (excluding bankruptcy matters), all of which will be exercised by the Customer or its designee and not by BNY Mellon; (d) Forward to the Customer or its designee information (or summaries of information) that BNY Mellon receives in its capacity as custodian from Depositories or Subcustodians concerning Securities in the Accounts (excluding bankruptcy matters); (e) Forward to the Customer or its designee an initial notice of bankruptcy cases relating to Securities held in the Accounts and a notice of any required action related to such bankruptcy cases as may be received by BNY Mellon in its capacity as custodian. BNY Mellon will take no further action nor provide further notification related to the bankruptcy case; (f) Unless otherwise elected by the CustomerXxxxxxxx, and in accordance with BNY Mellon’s standard terms and conditions, provide class action filing services for settled claims related to Securities with industry recognized identifiers; (g) Endorse for collection checks, drafts or other negotiable instruments received on behalf of for the Accounts; (h) Execute and deliver, solely in its capacity as custodian, certificates, documents or instruments incidental to BNY Mellon’s performance under this Agreement; and (i) Upon presentment of a check pursuant to a check redemption process agreed between the Customer and BNY Mellon, unless otherwise instructed pursuant to instructions, charge the amount of the check against the cash held in the Account of the relevant Series. If BNY Mellon receives timely instructions that a check is not to be honored, BNY Mellon will return the check unpaid.

Appears in 1 contract

Samples: Custody Agreement (Manulife Private Credit Fund)

BNY Mellon Actions Without Instructions. Notwithstanding anything to the contrary set forth in this Agreement, and subject to BNY Mellon acting in accordance with the Standard of Care, each Customer hereby authorizes BNY Mellon, without Instructions, to take any administrative or ministerial actions with respect to the Accounts that it deems reasonably necessary or appropriate to perform its obligations under this Agreement, including the following: (a) Receive income and other payments due to the Accounts; provided, however, that BNY Mellon will have no duty to pursue collection of any amount due to an Account, including for Securities in default, if such amount is not paid when due; (b) Carry out any exchanges of Securities or other corporate actions not requiring discretionary decisions; (c) Facilitate access by the Customer or its designee to ballots or online systems to assist it in the voting of proxies received by BNY Mellon in its capacity as custodian for eligible positions of Securities held in the Accounts (excluding bankruptcy matters), all of which will be exercised by the Customer or its designee and not by BNY Mellon; (d) Forward to the Customer or its designee information (or summaries of information) that BNY Mellon receives in its capacity as custodian from Depositories or Subcustodians concerning Securities in the Accounts (excluding bankruptcy matters); (e) Forward to the Customer or its designee an initial notice of bankruptcy cases relating to Securities held in the Accounts and a notice of any required action related to such bankruptcy cases as may be received by BNY Mellon in its capacity as custodian. BNY Mellon will take no further action nor provide further notification related to the bankruptcy case; (f) Unless otherwise elected by the CustomerXxxxxxxx, and in accordance with BNY Mellon’s standard terms and conditions, provide class action filing services for settled claims related to Securities with industry recognized identifiers; (g) Endorse for collection checks, drafts or other negotiable instruments received on behalf of for the Accounts; (h) Execute and deliver, solely in its capacity as custodian, certificates, documents or instruments incidental to BNY Mellon’s performance under this Agreement; and (i) Upon presentment of a check pursuant to a check redemption process agreed between the Customer and BNY Mellon, unless otherwise instructed pursuant to instructions, charge the amount of the check against the cash held in the Account of the relevant Series. If BNY Mellon receives timely instructions that a check is not to be honored, BNY Mellon will return the check unpaid.

Appears in 1 contract

Samples: Custody Agreement (Manulife Private Credit Fund)

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BNY Mellon Actions Without Instructions. Notwithstanding anything to the contrary set forth in this Agreement, and subject to BNY Mellon acting in accordance with the Standard of Care, each Customer hereby authorizes BNY Mellon, without Instructions, to take any administrative or ministerial actions with respect to the Accounts that it deems reasonably necessary or appropriate to perform its obligations under this Agreement, including the following: (a) Receive income and other payments due to the Accounts; provided, however, that BNY Mellon will have no duty to pursue collection of any amount due to an Account, including for Securities in default, if such amount is not paid when due; (b) Carry out any exchanges of Securities or other corporate actions not requiring discretionary decisions; (c) Facilitate access by the Customer or its designee to ballots or online systems to assist it in the voting of proxies received by BNY Mellon in its capacity as custodian for eligible positions of Securities held in the Accounts (excluding bankruptcy matters), all of which will be exercised by the Customer or its designee and not by BNY Mellon; (d) Forward to the Customer or its designee information (or summaries of information) that BNY Mellon receives in its capacity as custodian from Depositories or Subcustodians concerning Securities in the Accounts (excluding bankruptcy matters); (e) Forward to the Customer or its designee an initial notice of bankruptcy cases relating to Securities held in the Accounts and a notice of any required action related to such bankruptcy cases as may be received by BNY Mellon in its capacity as custodian. BNY Mellon will take no further action nor provide further notification related to the bankruptcy case; (f) Unless otherwise elected by the CustomerCxxxxxxx, and in accordance with BNY Mellon’s standard terms and conditions, provide class action filing services for settled claims related to Securities with industry recognized identifiers; (g) Endorse for collection checks, drafts or other negotiable instruments received on behalf of for the Accounts;; and (h) Execute and deliver, solely in its capacity as custodian, certificates, documents or instruments incidental to BNY Mellon’s performance under this Agreement; and (i) Upon presentment of a check pursuant to a check redemption process agreed between the Customer and BNY Mellon, unless otherwise instructed pursuant to instructions, charge the amount of the check against the cash held in the Account of the relevant Series. If BNY Mellon receives timely instructions that a check is not to be honored, BNY Mellon will return the check unpaid.

Appears in 1 contract

Samples: Custody Agreement (Bitwise Funds Trust)

BNY Mellon Actions Without Instructions. Notwithstanding anything to the contrary set forth in this Agreement, and subject to BNY Mellon acting in accordance with the Standard of Care, each Customer hereby authorizes BNY Mellon, without Instructions, to take any administrative or ministerial actions with respect to the Accounts that it deems reasonably necessary or appropriate to perform its obligations under this Agreement, including the following: (a) Receive income and other payments due to the Accounts; provided, however, that BNY Mellon will have no duty to pursue collection of any amount due to an Account, including for Securities in default, if such amount is not paid when due; (b) Carry out any exchanges of Securities or other corporate actions not requiring discretionary decisions; (c) Facilitate access by the Customer or its designee to ballots or online systems to assist it in the voting of proxies received by BNY Mellon in its capacity as custodian for eligible positions of Securities held in the Accounts (excluding bankruptcy matters), all of which will be exercised by the Customer or its designee and not by BNY Mellon; (d) Forward to the Customer or its designee information (or summaries of information) that BNY Mellon receives in its capacity as custodian from Depositories or Subcustodians concerning Securities in the Accounts (excluding bankruptcy matters); (e) Forward to the Customer or its designee an initial notice of bankruptcy cases relating to Securities held in the Accounts and a notice of any required action related to such bankruptcy cases as may be received by BNY Mellon in its capacity as custodian. BNY Mellon will take no further action nor provide further notification related to the bankruptcy case; (f) Unless otherwise elected by the CustomerXxxxxxxx, and in accordance with BNY Mellon’s standard terms and conditions, provide class action filing services for settled claims related to Securities with industry recognized identifiers; (g) Endorse for collection checks, drafts or other negotiable instruments received on behalf of for the Accounts; (h) Execute and deliver, solely in its capacity as custodian, certificates, documents or instruments incidental to BNY Mellon’s performance under this Agreement; and (i) Upon presentment of a check pursuant to a check redemption process agreed between the Customer and BNY Mellon, unless otherwise instructed pursuant to instructions, charge the amount of the check against the cash held in the Account of the relevant Series. If BNY Mellon receives timely instructions that a check is not to be honored, BNY Mellon will return the check unpaid.

Appears in 1 contract

Samples: Custody Agreement (BNY Mellon ETF Trust II)

BNY Mellon Actions Without Instructions. Notwithstanding anything to the contrary set forth in this Agreement, and subject to BNY Mellon acting in accordance with the Standard of Care, each Customer hereby authorizes BNY Mellon, without Instructions, to take any administrative or ministerial actions with respect to the Accounts that it deems reasonably necessary or appropriate to perform its obligations under this Agreement, including the following: (a) Receive income and other payments due to the Accounts; provided, however, that BNY Mellon will have no duty to pursue collection of any amount due to an Account, including for Securities in default, if such amount is not paid when due; (b) Carry out any exchanges of Securities or other corporate actions not requiring discretionary decisions; (c) Facilitate access by the Customer or its designee to ballots or online systems to assist it in the voting of proxies received by BNY Mellon in its capacity as custodian for eligible positions of Securities held in the Accounts (excluding bankruptcy matters), all of which will be exercised by the Customer or its designee and not by BNY Mellon; (d) Forward to the Customer or its designee information (or summaries of information) that BNY Mellon receives in its capacity as custodian from Depositories or Subcustodians concerning Securities in the Accounts (excluding bankruptcy matters); (e) Forward to the Customer or its designee an initial notice of bankruptcy cases relating to Securities held in the Accounts and a notice of any required action related to such bankruptcy cases as may be received by BNY Mellon in its capacity as custodian. BNY Mellon will take no further action nor provide further notification related to the bankruptcy case; (f) Unless otherwise elected by the CustomerCxxxxxxx, and in accordance with BNY Mellon’s standard terms and conditions, provide class action filing services for settled claims related to Securities with industry recognized identifiers; (g) Endorse for collection checks, drafts or other negotiable instruments received on behalf of for the Accounts; (h) Execute and deliver, solely in its capacity as custodian, certificates, documents or instruments incidental to BNY Mellon’s performance under this Agreement; and (i) Upon presentment of a check pursuant to a check redemption process agreed between the Customer and BNY Mellon, unless otherwise instructed pursuant to instructionsInstructions, charge the amount of the check against the cash held in the Account of the relevant Series. If BNY Mellon receives timely instructions Instructions that a check is not to be honored, BNY Mellon will return the check unpaid.

Appears in 1 contract

Samples: Custody Agreement (CION Grosvenor Infrastructure Fund)

BNY Mellon Actions Without Instructions. Notwithstanding anything to the contrary set forth in this Agreement, and subject to BNY Mellon acting in accordance with the Standard of Care, each Customer hereby authorizes BNY Mellon, without Instructions, to take any administrative or ministerial actions with respect to the Accounts an Account that it deems reasonably necessary or appropriate to perform its obligations under this Agreement, including the following: (a) Receive income and other payments due to the Accounts; provided, however, that BNY Mellon will have no duty to pursue collection of any amount due to an Account, including for Securities in default, if such amount is not paid when due; (b) Carry out any exchanges of Securities or other corporate actions not requiring discretionary decisionsdecisions or in accordance with standing instructions from an Authorized Person; (c) Facilitate access by the Customer or its designee to ballots or online systems to assist it in the voting of proxies received by BNY Mellon in its capacity as custodian for eligible positions of Securities held in the Accounts (excluding bankruptcy matters), all of which will be exercised by the Customer or its designee and not by BNY Mellon; (d) Forward to the Customer or its designee information (or summaries of information) that BNY Mellon receives in its capacity as custodian from Depositories or Subcustodians concerning Securities in the Accounts (excluding bankruptcy matters); (e) Forward to the Customer or its designee an initial notice of bankruptcy cases relating to Securities held in the Accounts and a notice of any required action related to such bankruptcy cases as may be received by BNY Mellon in its capacity as custodian. BNY Mellon will take no further action nor provide further notification related to the bankruptcy case; (f) Unless otherwise elected by the CustomerXxxxxxxx, and in accordance with BNY Mellon’s standard terms and conditions, provide class action filing services for settled claims related to Securities with industry recognized identifiers; (g) Endorse for collection checks, drafts or other negotiable instruments received on behalf of for the Accounts; (h) Execute and deliver, solely in its capacity as custodian, certificates, documents or instruments incidental to BNY Mellon’s performance under this Agreement; and (i) Upon presentment of a check pursuant to a check redemption process agreed between the Customer and BNY Mellon, unless otherwise instructed pursuant to instructionsInstructions, charge the amount of the check against the cash held in the Account of the relevant SeriesCustomer. If BNY Mellon receives timely instructions Instructions that a check is not to be honored, BNY Mellon will return the check unpaid.

Appears in 1 contract

Samples: Custody Agreement (KKR Infrastructure Conglomerate LLC)

BNY Mellon Actions Without Instructions. Notwithstanding anything to the contrary set forth in this Agreement, and subject to BNY Mellon acting in accordance with the Standard of Care, each Customer hereby authorizes BNY Mellon, without Instructions, to take any administrative or ministerial actions with respect to the Accounts Account that it deems reasonably necessary or appropriate to perform its obligations under this Agreement, including the following: (a) Receive income and other payments due to the AccountsAccount; provided, however, that BNY Mellon will have no duty to pursue collection of any amount due to an the Account, including for Securities in default, if such amount is not paid when due; (b) Carry out any exchanges of Securities or other corporate actions not requiring discretionary decisions; (c) Facilitate access by the Customer or its designee to ballots or online systems to assist it in the voting of proxies received by BNY Mellon in its capacity as custodian for eligible positions of Securities held in the Accounts Account (excluding bankruptcy matters), all of which will be exercised by the Customer or its designee and not by BNY Mellon; (d) Forward to the Customer or its designee information (or summaries of information) that BNY Mellon receives in its capacity as custodian from Depositories or Subcustodians concerning Securities in the Accounts Account (excluding bankruptcy matters); (e) Forward to the Customer or its designee an initial notice of bankruptcy cases relating to Securities held in the Accounts Account and a notice of any required action related to such bankruptcy cases as may be received by BNY Mellon in its capacity as custodian. BNY Mellon will take no further action nor provide further notification related to the bankruptcy case; (f) Unless otherwise elected by the CustomerXxxxxxxx, and in accordance with BNY Mellon’s standard terms and conditions, provide class action filing services for settled claims related to Securities with industry recognized identifiers; (g) Endorse for collection checks, drafts or other negotiable instruments received on behalf of the AccountsAccount; (h) Execute and deliver, solely in its capacity as custodian, certificates, documents or instruments incidental to BNY Mellon’s performance under this Agreement; and (i) Upon presentment of a check pursuant to a check redemption process agreed between the Customer and BNY Mellon, unless otherwise instructed pursuant to instructions, charge the amount of the check against the cash held in the Account of the relevant SeriesAccount. If BNY Mellon receives timely instructions that a check is not to be honored, BNY Mellon will return the check unpaid.

Appears in 1 contract

Samples: Custody Agreement (Polen Credit Opportunities Fund)

BNY Mellon Actions Without Instructions. Notwithstanding anything to the contrary set forth in this Agreement, and subject to BNY Mellon acting in accordance with the Standard of Care, each Customer hereby authorizes BNY Mellon, without Instructions, to take any administrative or ministerial actions with respect to the Accounts that it deems reasonably necessary or appropriate to perform its obligations under this Agreement, unless and until BNY Mellon receives an Instruction specifically directing BNY Mellon not to take some or all of the following actions, including the following: (a) Receive income and other payments due to the Accounts; provided, however, that BNY Mellon will have no duty to pursue collection of any amount due to an Account, including for Securities in default, if such amount is not paid when due; (b) Carry out any exchanges of Securities or other corporate actions not requiring discretionary decisions; (c) Facilitate access by the Customer or its designee to ballots or online systems to assist it in the voting of proxies received by BNY Mellon in its capacity as custodian for eligible positions of Securities held in the Accounts (excluding bankruptcy matters), all of which will be exercised by the Customer or its designee and not by BNY Mellon; (d) Forward to the Customer or its designee information (or summaries of information) that BNY Mellon receives in its capacity as custodian from Depositories or Subcustodians concerning Securities in the Accounts (excluding bankruptcy matters); (e) Forward to the Customer or its designee an initial notice of bankruptcy cases relating to Securities held in the Accounts and a notice of any required action related to such bankruptcy cases as may be received by BNY Mellon in its capacity as custodian. BNY Mellon will take no further action nor provide further notification related to the bankruptcy case; (f) Unless otherwise elected by the Customer, and in accordance with BNY Mellon’s standard terms and conditions, provide class action filing services for settled claims related to Securities with industry recognized identifiers; (g) Endorse for collection checks, drafts or other negotiable instruments received on behalf of the Accounts; (h) Execute and deliver, solely in its capacity as custodian, certificates, documents or instruments incidental to BNY Mellon’s performance under this Agreement; and (i) Upon presentment of a check pursuant to a check redemption process agreed between the Customer and BNY Mellon, unless otherwise instructed pursuant to instructions, charge the amount of the check against the cash held in the Account of the relevant Series. If BNY Mellon receives timely instructions that a check is not to be honored, BNY Mellon will return the check unpaid.

Appears in 1 contract

Samples: Custody Agreement (USCF ETF Trust)

BNY Mellon Actions Without Instructions. Notwithstanding anything to the contrary set forth in this Agreement, and subject to BNY Mellon acting in accordance with the Standard of Care, each Customer hereby authorizes BNY Mellon, without Instructions, to take any administrative or ministerial actions with respect to the Accounts that it deems reasonably necessary or appropriate to perform its obligations under this Agreement, including the following: (a) Receive income and other payments due to the Accounts; provided, however, that BNY Mellon will have no duty to pursue collection of any amount due to an Account, including for Securities in default, if such amount is not paid when due; (b) Carry out any exchanges of Securities or other corporate actions not requiring discretionary decisions; (c) Facilitate access by the Customer or its designee to ballots or online systems to assist it in the voting of proxies received by BNY Mellon in its capacity as custodian for eligible positions of Securities held in the Accounts (excluding bankruptcy matters), all of which will be exercised by the Customer or its designee and not by BNY Mellon; (d) Forward to the Customer or its designee information (or summaries of information) that BNY Mellon receives in its capacity as custodian from Depositories or Subcustodians concerning Securities in the Accounts (excluding bankruptcy matters); (e) Forward to the Customer or its designee an initial notice of bankruptcy cases relating to Securities held in the Accounts and a notice of any required action related to such bankruptcy cases as may be received by BNY Mellon in its capacity as custodian. BNY Mellon will take no further action nor provide further notification related to the bankruptcy case; (f) Unless otherwise elected by the CustomerCxxxxxxx, and in accordance with BNY Mellon’s standard terms and conditions, provide class action filing services for settled claims related to Securities with industry recognized identifiers; (g) Endorse for collection checks, drafts or other negotiable instruments received on behalf of for the Accounts; (h) Execute and deliver, solely in its capacity as custodian, certificates, documents or instruments incidental to BNY Mellon’s performance under this Agreement; and (i) Upon presentment of a check pursuant to a check redemption process agreed between the Customer and BNY Mellon, unless otherwise instructed pursuant to instructions, charge the amount of the check against the cash held in the Account of the relevant Series. If BNY Mellon receives timely instructions that a check is not to be honored, BNY Mellon will return the check unpaid.

Appears in 1 contract

Samples: Custody Agreement (BNY Mellon ETF Trust II)

BNY Mellon Actions Without Instructions. Notwithstanding anything to the contrary set forth in this Agreement, and subject to BNY Mellon acting in accordance with the Standard of Care, each Customer hereby authorizes BNY Mellon, without Instructions, to take any administrative or ministerial actions with respect to the Accounts that it deems reasonably necessary or appropriate to perform its obligations under this Agreement, including the following: (a) Receive income and other payments due to the Accounts; provided, however, that BNY Mellon will have no duty to pursue collection of any amount due to an Account, including for Securities in default, if such amount is not paid when due. Notwithstanding the foregoing, BNY Mellon shall use reasonable efforts to notify Customer in writing of any default or refusal to pay within a reasonable period of time after BNY Mellon receives actual knowledge of such default or refusal; (b) Carry out any exchanges of Securities or other corporate actions not requiring discretionary decisions; (c) Facilitate access by the Customer or its designee to ballots or online systems to assist it in the voting of proxies received by BNY Mellon in its capacity as custodian for eligible positions of Securities held in the Accounts (excluding bankruptcy matters), all of which will be exercised by the Customer or its designee and not by BNY Mellon; (d) Forward to the Customer or its designee information (or summaries of information) that BNY Mellon receives in its capacity as custodian from Depositories or Subcustodians concerning Securities in the Accounts (excluding bankruptcy matters); (e) Forward to the Customer or its designee an initial notice of bankruptcy cases relating to Securities held in the Accounts and a notice of any required action related to such bankruptcy cases as may be received by BNY Mellon in its capacity as custodian. BNY Mellon will take no further action nor provide further notification related to the bankruptcy case; (f) Unless otherwise elected by the CustomerXxxxxxxx, and in accordance with BNY Mellon’s standard terms and conditions, provide class action filing services for settled claims related to Securities with industry recognized identifiers; (g) Endorse for collection checks, drafts or other negotiable instruments received on behalf of for the Accounts;; and (h) Execute and deliver, solely in its capacity as custodian, certificates, documents or instruments incidental to BNY Mellon’s performance under this Agreement; and (i) Upon presentment of a check pursuant to a check redemption process agreed between the Customer and BNY Mellon, unless otherwise instructed pursuant to instructions, charge the amount of the check against the cash held in the Account of the relevant Series. If BNY Mellon receives timely instructions that a check is not to be honored, BNY Mellon will return the check unpaid.

Appears in 1 contract

Samples: Custody Agreement (Versus Capital Infrastructure Income Fund)

BNY Mellon Actions Without Instructions. Notwithstanding anything to the contrary set forth in this Agreement, and subject to BNY Mellon acting in accordance with the Standard of Care, each Customer hereby authorizes BNY Mellon, without Instructions, to take any administrative or ministerial actions with respect to the Accounts that it deems reasonably necessary or appropriate to perform its obligations under this Agreement, including the following: (a) Receive income and other payments due to the Accounts; provided, however, that BNY Mellon will have no duty to pursue collection of any amount due to an Account, including for Securities in default, if such amount is not paid when due; (b) Carry out any mandatory exchanges of Securities or other mandatory corporate actions not requiring discretionary decisionsdecisions or in accordance with standing instructions from an Authorized Person; (c) Facilitate access by the Customer or its designee to ballots or online systems to assist it in the voting of proxies received by BNY Mellon in its capacity as custodian for eligible positions of Securities held in the Accounts (excluding bankruptcy matters), all of which will be exercised by the Customer or its designee and not by BNY Mellon; (d) Forward to the Customer or its designee information (or summaries of information) that BNY Mellon receives in its capacity as custodian from Depositories or Subcustodians concerning Securities in the Accounts (excluding bankruptcy matters); (e) Forward to the Customer or its designee an initial notice of bankruptcy cases relating to Securities held in the Accounts and a notice of any required action related to such bankruptcy cases as may be received by BNY Mellon in its capacity as custodian. BNY Mellon will take no further action nor provide further notification related to the bankruptcy case; (f) Unless otherwise elected by the Customer, and in accordance with BNY Mellon’s standard terms and conditions, provide class action filing services for settled claims related to Securities with industry recognized identifiers; (g) Endorse for collection checks, drafts or other negotiable instruments received on behalf of the Accounts; (h) Execute and deliver, solely in its capacity as custodian, certificates, documents or instruments incidental to BNY Mellon’s performance under this Agreement; and (i) Upon presentment of a check pursuant to a check redemption process agreed between the Customer and BNY Mellon, unless otherwise instructed pursuant to instructionsInstructions, charge the amount of the check against the cash held in the Account of the relevant Series. If BNY Mellon receives timely instructions Instructions that a check is not to be honored, BNY Mellon will return the check unpaid.

Appears in 1 contract

Samples: Custody Agreement (KKR Real Estate Select Trust Inc.)

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