Borrowings. In connection with any borrowings by the Trust, the Trust will cause to be delivered to the Custodian by a bank or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently employed by such bank or broker setting forth the amount of collateral. The Trust shall promptly deliver to the Custodian Written Instructions specifying with respect to each such borrowing: (a) the name of the bank or broker, (b) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note duly endorsed by the Trust, or a loan agreement, (c) the date, and time if known, on which the loan is to be entered into, (d) the date on which the loan becomes due and payable, (e) the total amount payable to the Trust on the borrowing date, and (f) the description of the Securities securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver on the borrowing date specified in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, such Securities as additional collateral, as may be specified in Written Instructions, to secure further any transaction described in this Article VII. The Trust shall cause all Securities released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriate.
Appears in 57 contracts
Sources: Custody Agreement (American Israeli Shared Values Trust), Custody Agreement (Skyhawk Funds Trust), Custody Agreement (Frank Funds)
Borrowings. In connection with any borrowings by the Trust, the Trust will cause to be delivered to the Custodian by a bank or broker requiring Securities securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently employed by such bank or broker setting forth the amount of collateral. The Trust shall promptly deliver to the Custodian Written Instructions specifying with respect to each such borrowing: (a) the name of the bank or broker, (b) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note duly endorsed by the Trust, or a loan agreement, (c) the date, and time if known, on which the loan is to be entered into, (d) the date on which the loan becomes due and payable, (e) the total amount payable to the Trust on the borrowing date, and (f) the description of the Securities securities securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver on the borrowing date specified in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, such Securities securities as additional collateral, as may be specified in Written Instructions, to secure further any transaction described in this Article VIIborrowing transaction. The Trust shall cause all Securities securities released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriate.
Appears in 25 contracts
Sources: Custody Agreement (Two Roads Shared Trust), Custody Agreement (Avondale Funds), Custody Agreement (TCG Financial Series Trust III)
Borrowings. In connection with any borrowings by the TrustCompany, the Trust Company will cause to be delivered to the Custodian by a bank or broker requiring Securities securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently employed by such bank or broker setting forth the amount of collateral. The Trust Company shall promptly deliver to the Custodian Written Instructions specifying with respect to each such borrowing: (a) the name of the bank or broker, (b) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note duly endorsed by the TrustCompany, or a loan agreement, (c) the date, and time if known, on which the loan is to be entered into, (d) the date on which the loan becomes due and payable, (e) the total amount payable to the Trust Company on the borrowing date, and (f) the description of the Securities securities securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver or segregate or otherwise identify on its books on the borrowing date specified in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliverdeliver or segregate or otherwise identify on its books, in the manner directed by the TrustCompany, such Securities securities as additional collateral, as may be specified in Written Instructions, to secure further any transaction described in this Article VIIborrowing transaction. The Trust Company shall cause all Securities securities released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriate.
Appears in 13 contracts
Sources: Custody Agreement (MSS Series Trust), Custody Agreement (Capitol Series Trust), Custody Agreement (MSS Series Trust)
Borrowings. In connection with any borrowings by the Trust, the Trust will cause to be delivered to the Custodian by a bank or broker requiring Securities securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently employed by such bank or broker setting forth the amount of collateral. The Trust shall promptly deliver to the Custodian Written Instructions specifying with respect to each such borrowing: (a) the name of the bank or broker, (b) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note duly endorsed by the Trust, or a loan agreement, (c) the date, and time if known, on which the loan is to be entered into, (d) the date on which the loan becomes due and payable, (e) the total amount payable to the Trust on the borrowing date, and (f) the description of the Securities securities securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver on the borrowing date specified in the Written Instructions the required collateral against the lender's ’s delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, such Securities securities as additional collateral, as may be specified in Written Instructions, to secure further any transaction described in this Article VIIborrowing transaction. The Trust shall cause all Securities securities released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriate.
Appears in 13 contracts
Sources: Custody Agreement (Capitol Series Trust), Custody Agreement (TCG Financial Series Trust VI), Custody Agreement (TCG Financial Series Trust I)
Borrowings. In connection with any borrowings by the Trusta Fund, the Trust Fund will cause to be delivered to the Custodian by a bank or broker requiring Securities securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently employed by such bank or broker setting forth the amount of collateral. The Trust Fund shall promptly deliver to the Custodian Written Instructions specifying with respect to each such borrowing: (a) the name of the bank or broker, (b) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note duly endorsed by the TrustFund, or a loan agreement, (c) the date, and time if known, on which the loan is to be entered into, (d) the date on which the loan becomes due and payable, (e) the total amount payable to the Trust Fund on the borrowing date, and (f) the description of the Securities securities securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver or segregate or otherwise identify on its books on the borrowing date specified in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliverdeliver or segregate or otherwise identify on its books, in the manner directed by the TrustFund, such Securities securities as additional collateral, as may be specified in Written Instructions, to secure further any transaction described in this Article VIIborrowing transaction. The Trust Fund shall cause all Securities securities released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriate.
Appears in 11 contracts
Sources: Custody Agreement (Bertolet Capital Trust), Custody Agreement (MSS Series Trust), Custody Agreement (MSS Series Trust)
Borrowings. In connection with any borrowings by the Trust, Corporation ,the Trust Corporation will cause to be delivered to the Custodian by a bank or broker requiring Securities securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently employed by such bank or broker setting forth the amount of collateral. The Trust Corporation shall promptly deliver to the Custodian Written Instructions specifying with respect to each such borrowing: (a) the name of the bank or broker, (b) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note duly endorsed by the Trust, Corporation ,or a loan agreement, (c) the date, and time if known, on which the loan is to be entered into, (d) the date on which the loan becomes due and payable, (e) the total amount payable to the Trust Corporation on the borrowing date, and (f) the description of the Securities securities securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver on the borrowing date specified in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, Corporation ,such Securities securities as additional collateral, as may be specified in Written Instructions, to secure further any transaction described in this Article VIIborrowing transaction. The Trust Corporation shall cause all Securities securities released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriate.
Appears in 11 contracts
Sources: Custody Agreement, Custody Agreement, Custody Agreement (Mh Elite Portfolio of Funds Inc)
Borrowings. In connection with any borrowings by the Trust, Corporation ,the Trust Corporation will cause to be delivered to the Custodian by a bank or broker requiring Securities securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently employed by such bank or broker setting forth the amount of collateral. The Trust Corporation shall promptly deliver to the Custodian Written Instructions specifying with respect to each such borrowing: (a) the name of the bank or broker, (b) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note duly endorsed by the Trust, Corporation ,or a loan agreement, (c) the date, and time if known, on which the loan is to be entered into, (d) the date on which the loan becomes due and payable, (e) the total amount payable to the Trust Corporation on the borrowing date, and (f) the description of the Securities securities securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver on the borrowing date specified in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, Corporation ,such Securities securities as additional collateral, as may be specified in Written Instructions, to secure further any transaction described in this Article VII. The Trust shall cause all Securities released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriate.any
Appears in 8 contracts
Sources: Custody Agreement (Mh Elite Portfolio of Funds Trust), Custody Agreement (Mh Elite Portfolio of Funds Trust), Custody Agreement (Mh Elite Portfolio of Funds Trust)
Borrowings. In connection with any borrowings by the TrustCompany, the Trust Company will cause to be delivered to the Custodian by a bank or broker requiring Securities securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently employed by such bank or broker setting forth the amount of collateral. The Trust Company shall promptly deliver to the Custodian Written Instructions specifying with respect to each such borrowing: (a) the name of the bank or broker, (b) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note duly endorsed by the TrustCompany, or a loan agreement, (c) the date, and time if known, on which the loan is to be entered into, (d) the date on which the loan becomes due and payable, (e) the total amount payable to the Trust Company on the borrowing date, and (f) the description of the Securities securities securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver or segregate or otherwise identify on its books on the borrowing date specified in the Written Instructions the required collateral against the lender's ’s delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliverdeliver or segregate or otherwise identify on its books, in the manner directed by the TrustCompany, such Securities securities as additional collateral, as may be specified in Written Instructions, to secure further any transaction described in this Article VIIborrowing transaction. The Trust Company shall cause all Securities securities released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriate.
Appears in 6 contracts
Sources: Custody Agreement (Capitol Series Trust), Custody Agreement (PRISM Multi Strategy Fund), Custody Agreement (Capitol Series Trust)
Borrowings. In connection with any borrowings by the Trust, the The Trust will cause any person from which it borrows money on behalf of a Fund using Securities as collateral to be delivered deliver to the Custodian by a bank or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or of undertaking in the form currently employed by such bank or broker the lender setting forth the amount that the lender will loan to the Trust against delivery of a stated amount of collateral. The Trust shall promptly deliver to the Custodian Written or Oral Instructions specifying with respect to for each such borrowing: loan, stating (ai) the name of the bank or brokerlender, (bii) the amount and terms of the borrowingloan, which terms may be set forth specified by incorporating by reference an attached promissory note or loan agreement duly endorsed by the Trust, or a loan agreementTrust on behalf of the Fund, (ciii) the time and date, and time if known, on which the loan is to will be entered intoconsummated (the "borrowing date"), (div) the date on which the loan becomes due and payable, (ev) the total amount payable to the Trust Fund on the borrowing date, (vi) the market value of Securities to be delivered as collateral for such loan and (fvii) the description of the Securities securing the loan, including the name of the issuer, the title and the number of shares or other units or principal amount of the principal amountSecurities to be delivered as collateral. The Custodian shall deliver on the borrowing date such specified collateral and the executed promissory note, if any, and receive from the lender the total amount of the loan proceeds; provided, however, that no delivery of Securities shall occur if the amount of loan proceeds does not conform to the amount set forth in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, such Securities as additional collateral, as may be specified in Written or Oral Instructions, to secure further any transaction described in this Article VII. The Trust shall cause all Securities released from collateral status to be returned directly to or if such Instructions do not contain the Custodian and the Custodian shall receive from time to time such return requirements of collateral as may be tendered to it(vii) above. The Custodian may, at the option of the lender, keep such collateral in its possession, ; provided such collateral is subject to all rights therein given to the lender because by any promissory note or loan agreement executed by the Trust on behalf of the loana Fund. The Custodian may require such reasonable conditions regarding such shall deliver, from time to time, any Securities required as additional collateral and its dealings with third-party lenders as it may deem appropriatefor any transaction described in this Section, upon receipt of Written or Oral Instructions. The Trust shall cause all Securities released from collateral status to be returned directly to the Custodian.
Appears in 5 contracts
Sources: Custody Agreement (Integrity Managed Portfolios), Custody Agreement (Integrity Funds), Custody Agreement (Viking Mutual Funds)
Borrowings. In connection with any borrowings by the Trust, the Trust The Fund will cause any person (including the Custodian) from which it borrows money using Securities as collateral to be delivered deliver to the Custodian by a bank or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or of undertaking in the form currently employed by such bank or broker the lender setting forth the amount that the lender will loan to the Trust against delivery of a stated amount of collateral. The Trust Fund shall promptly deliver to the Custodian Written or Oral Instructions specifying with respect to for each such borrowing: loan, stating (ai) the name of the bank or brokerlender, (bii) the amount and terms of the borrowingloan, which terms may be set forth specified by incorporating by reference an attached promissory note or loan agreement duly endorsed by the Trust, or a loan agreementTrust on behalf of the Fund, (ciii) the time and date, and time if known, on which the loan is to will be entered intoconsummated (the "borrowing date"), (div) the date on which the loan becomes due and payable, (ev) the total amount payable to the Trust Fund on the borrowing date, (vi) the market value of Securities to be delivered as collateral for such loan and (fvii) the description of the Securities securing the loan, including the name of the issuer, the title and the number of shares or other units or principal amount of the principal amountSecurities to be delivered as collateral. The Custodian shall deliver on the borrowing date such specified collateral and the executed promissory note, if any, and receive from the lender the total amount of the loan proceeds; provided, however, that no delivery of Securities shall occur if the amount of loan proceeds does not conform to the amount set forth in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, such Securities as additional collateral, as may be specified in Written or Oral Instructions, to secure further any transaction described in this Article VII. The Trust shall cause all Securities released from collateral status to be returned directly to or if such Instruction do not contain the Custodian and the Custodian shall receive from time to time such return requirements of collateral as may be tendered to it(vii) above. The Custodian may, at the option of the lender, keep such collateral in its possession, ; provided such collateral is subject to all rights therein given to the lender because by any promissory note or loan agreement executed by the Trust on behalf of the loana Fund. The Custodian may require such reasonable conditions regarding such shall deliver, from time to time, any Securities required as additional collateral and its dealings with third-party lenders as it may deem appropriatefor any transaction described in this Section, upon receipt of Written or Oral Instructions. The Fund shall cause all Securities released from collateral status to be returned directly to the Custodian.
Appears in 4 contracts
Sources: Custody Agreement (Wells Fargo Variable Trust), Custody Agreement (Wells Fargo Funds Trust), Custody Agreement (Wells Fargo Variable Trust)
Borrowings. In connection with any borrowings by the Trust, the The Trust will cause any person (including the Custodian) from which it borrows money using Securities as collateral to be delivered deliver to the Custodian by a bank or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or of undertaking in the form currently employed by such bank or broker the lender setting forth the amount that the lender will loan to the Trust against delivery of a stated amount of collateral. The Trust shall promptly deliver to the Custodian Written or Oral Instructions specifying with respect to for each such borrowing: loan, stating (ai) the name of the bank or brokerlender, (bii) the amount and terms of the borrowingloan, which terms may be set forth specified by incorporating by reference an attached promissory note or loan agreement duly endorsed by the Trust, or a loan agreement, (ciii) the time and date, and time if known, on which the loan is to will be entered intoconsummated (the "borrowing date"), (div) the date on which the loan becomes due and payable, (ev) the total amount payable to the Trust on the borrowing date, (vi) the market value of Securities to be delivered as collateral for such loan and (fvii) the description of the Securities securing the loan, including the name of the issuer, the title and the number of shares or other units or principal amount of the principal amountSecurities to be delivered as collateral. The Custodian shall deliver on the borrowing date such specified collateral and the executed promissory note, if any, and receive from the lender the total amount of the loan proceeds; provided, however, that no delivery of Securities shall occur if the amount of loan proceeds does not conform to the amount set forth in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, such Securities as additional collateral, as may be specified in Written or Oral Instructions, to secure further any transaction described in this Article VII. The Trust shall cause all Securities released from collateral status to be returned directly to or if such Instruction do not contain the Custodian and the Custodian shall receive from time to time such return requirements of collateral as may be tendered to it(vii) above. The Custodian may, at the option of the lender, keep such collateral in its possession, ; provided such collateral is subject to all rights therein given to the lender because of by any promissory note or loan agreement executed by the loanTrust. The Custodian may require such reasonable conditions regarding such shall deliver, from time to time, any Securities required as additional collateral and its dealings with third-party lenders as it may deem appropriatefor any transaction described in this Section, upon receipt of Written or Oral Instructions. The Trust shall cause all Securities released from collateral status to be returned directly to the Custodian.
Appears in 4 contracts
Sources: Custodian Agreement (Norwest Advantage Funds), Custody Agreement (Wells Fargo Variable Trust), Custody Agreement (Wells Fargo Funds Trust)
Borrowings. In connection with any borrowings by the Trust, the Trust The Fund will cause any person from which it borrows money using Securities as collateral to be delivered deliver to the Custodian by a bank or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or of undertaking in the form currently employed by such bank or broker the lender setting forth the amount that the lender will loan to the Company against delivery of a stated amount of collateral. The Trust Fund shall promptly deliver to the Custodian Written or Oral Instructions specifying with respect to for each such borrowing: loan, stating (ai) the name of the bank or brokerlender, (bii) the amount and terms of the borrowingloan, which terms may be set forth specified by incorporating by reference an attached promissory note or loan agreement duly endorsed by the Trust, or a loan agreementCompany on behalf of the Fund, (ciii) the time and date, and time if known, on which the loan is to will be entered intoconsummated (the "borrowing date"), (div) the date on which the loan becomes due and payable, (ev) the total amount payable to the Trust Fund on the borrowing date, (vi) the market value of Securities to be delivered as collateral for such loan and (fvii) the description of the Securities securing the loan, including the name of the issuer, the title and the number of shares or other units or principal amount of the principal amountSecurities to be delivered as collateral. The Custodian shall deliver on the borrowing date such specified collateral and the executed promissory note, if any, and receive from the lender the total amount of the loan proceeds; provided, however, that no delivery of Securities shall occur if the amount of loan proceeds does not conform to the amount set forth in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, such Securities as additional collateral, as may be specified in Written or Oral Instructions, to secure further any transaction described in this Article VII. The Trust shall cause all Securities released from collateral status to be returned directly to or if such Instructions do not contain the Custodian and the Custodian shall receive from time to time such return requirements of collateral as may be tendered to it(vii) above. The Custodian may, at the option of the lender, keep such collateral in its possession, ; provided such collateral is subject to all rights therein given to the lender because by any promissory note or loan agreement executed by the Company on behalf of the loana Fund. The Custodian may require such reasonable conditions regarding such shall deliver, from time to time, any Securities required as additional collateral and its dealings with third-party lenders as it may deem appropriatefor any transaction described in this Section, upon receipt of Written or Oral Instructions. The Fund shall cause all Securities released from collateral status to be returned directly to the Custodian.
Appears in 4 contracts
Sources: Custody Agreement (J&b Funds), Custody Agreement (Weitz Funds), Custody Agreement (Babson Enterprise Fund Ii Inc)
Borrowings. In connection with any borrowings by the Trust, the ----------- Trust will cause to be delivered to the Custodian by a bank or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently employed by such bank or broker setting forth the amount of collateral. The Trust shall promptly deliver to the Custodian Written Instructions specifying with respect to each such borrowing: (a) the name of the bank or broker, (b) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note duly endorsed by the Trust, or a loan agreement, (c) the date, and time if known, on which the loan is to be entered into, (d) the date on which the loan becomes due and payable, (e) the total amount payable to the Trust on the borrowing date, and (f) the description of the Securities securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver on the borrowing date specified in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, such Securities as additional collateral, as may be specified in Written Instructions, to secure further any transaction described in this Article VII. The Trust shall cause all Securities released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriate.
Appears in 3 contracts
Sources: Custody Agreement (Sparrow Funds), Custody Agreement (Access Variable Insurance Trust), Custody Agreement (Tanaka Funds Inc)
Borrowings. In connection with any borrowings by the Trusta Fund, the Trust Fund will cause to be delivered to the Custodian by a bank or broker requiring Securities securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently employed by such bank or broker setting forth the amount of collateral. The Trust Fund shall promptly deliver to the Custodian Written Instructions specifying with respect to each such borrowing: (a) the name of the bank or broker, (b) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note duly endorsed by the TrustFund, or a loan agreement, (c) the date, and time if known, on which the loan is to be entered into, (d) the date on which the loan becomes due and payable, (e) the total amount payable to the Trust Fund on the borrowing date, and (f) the description of the Securities securities securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver or segregate or otherwise identify on its books on the borrowing date specified in the Written Instructions the required collateral against the lender's ’s delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliverdeliver or segregate or otherwise identify on its books, in the manner directed by the TrustFund, such Securities securities as additional collateral, as may be specified in Written Instructions, to secure further any transaction described in this Article VIIborrowing transaction. The Trust Fund shall cause all Securities securities released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriate.
Appears in 3 contracts
Sources: Custody Agreement (OneAscent Capital Opportunities Fund), Custody Agreement (360 Funds), Custody Agreement (Collaborative Investment Series Trust)
Borrowings. In connection with any borrowings by the Trust, the Trust The Company will cause any person from which it borrows money on behalf of a Fund using Securities as collateral to be delivered deliver to the Custodian by a bank or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or of undertaking in the form currently employed by such bank or broker the lender setting forth the amount that the lender will loan to the Company against delivery of a stated amount of collateral. The Trust Company shall promptly deliver to the Custodian Written Instructions specifying with respect to for each such borrowing: loan, stating (ai) the name of the bank or brokerlender, (bii) the amount and terms of the borrowingloan, which terms may be set forth specified by incorporating by reference an attached promissory note or loan agreement duly endorsed by the Trust, or a loan agreementCompany on behalf of the Fund, (ciii) the time and date, and time if known, on which the loan is to will be entered intoconsummated (the “borrowing date”), (div) the date on which the loan becomes due and payable, (ev) the total amount payable to the Trust Fund on the borrowing date, (vi) the market value of Securities to be delivered as collateral for such loan and (fvii) the description of the Securities securing the loan, including the name of the issuer, the title and the number of shares or other units or principal amount of the principal amountSecurities to be delivered as collateral. The Custodian shall deliver on the borrowing date such specified collateral and the executed promissory note, if any, and receive from the lender the total amount of the loan proceeds; provided, however, that no delivery of Securities shall occur if the amount of loan proceeds does not conform to the amount set forth in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, such Securities as additional collateral, as may be specified in Written or Oral Instructions, to secure further any transaction described in this Article VII. The Trust shall cause all Securities released from collateral status to be returned directly to or if such Instructions do not contain the Custodian and the Custodian shall receive from time to time such return requirements of collateral as may be tendered to it(vii) above. The Custodian may, at the option of the lender, keep such collateral in its possession, ; provided such collateral is subject to all rights therein given to the lender because by any promissory note or loan agreement executed by the Company on behalf of the loana Fund. The Custodian may require such reasonable conditions regarding such shall deliver, from time to time, any Securities required as additional collateral and its dealings with third-party lenders as it may deem appropriatefor any transaction described in this Section, upon receipt of Written or Oral Instructions. The Company shall cause all Securities released from collateral status to be returned directly to the Custodian.
Appears in 3 contracts
Sources: Custody Agreement (Whitebox Mutual Funds), Custody Agreement (Whitebox Mutual Funds), Custody Agreement (Whitebox Mutual Funds)
Borrowings. In connection If, prior to the Conversion Date, the Collateral Manager wishes to purchase an Asset on behalf of the Borrower for which the Approval Request has been approved pursuant to Section 2(b) and funds in the Trust Account are insufficient to provide for such purchase, the Collateral Manager shall request a Loan for such purpose by, no later than noon, New York City time, on the third Business Day preceding the proposed date of such Loan, providing to the Administrative Agent (with any borrowings a copy to the Borrower) an irrevocable notice (which may be signed by the Trust, Collateral Manager on behalf of the Trust will cause to be delivered to the Custodian Borrower) by a bank electronic mail or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or undertaking facsimile transmission substantially in the form currently employed of Annex B hereto (together with any attachments required in connection therewith, a “Borrowing Request”). The Administrative Agent shall notify, as soon as reasonably practical but in no event later than 5:00 p.m. New York City time three (3) Business Days prior to the proposed date of the Loan, the Lenders each time it receives a Borrowing Request. Unless otherwise agreed to by such bank or broker setting forth the Lenders, each Loan shall be in a minimum principal amount of collateral. The Trust $500,000 and shall promptly deliver be in an amount (not less than zero) equal to (i) the Custodian Written Instructions specifying Purchase Price of the Asset, together with any purchased accrued interest with respect to each such borrowing: thereto (aas specified in the Approval Request) minus (ii) the name balance (if any) in the Trust Account. To the extent that more than one Lender is a party hereto, each Loan shall consist of loans made by the Lenders ratably in accordance with their Individual Lender Maximum Funding Amounts. Each Lender at its option may make any Loan or portion of a Loan by causing any domestic or foreign branch or Affiliate of such Lender to make such Loan and may at any time cause any Loan to be transferred to any domestic or foreign branch or Affiliate of such Lender. Upon satisfaction of the bank or broker, (b) the amount and terms of the borrowing, which may be conditions to borrowing set forth by incorporating by reference an attached promissory note duly endorsed by in this Section 2 and in Section 7, the Trust, or a loan agreement, (c) Lenders shall advance the date, and time if known, on which the loan is to be entered into, (d) the date on which the loan becomes due and payable, (e) the total applicable principal amount payable to the Trust of each Loan on the borrowing date, and (f) the description of the Securities securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver on the borrowing date specified in the Written Instructions related Borrowing Request and the required collateral against proceeds thereof shall be paid into the lender's delivery Trust Account or otherwise at the direction of the total loan amount then payableBorrower (or the Collateral Manager on its behalf) as set forth in the Borrowing Request for application toward the acquisition cost of the related Asset. The Lenders shall not fund any Loans to the Borrower if a Default has occurred and is continuing. Notwithstanding the preceding paragraph, provided the Collateral Manager, on behalf of the Borrower, may deliver a Borrowing Request to the Administrative Agent on the first or second Business Day prior to the proposed date of the funding of a Loan (an “Expedited Borrowing Request”). Upon receipt of an Expedited Borrowing Request, the Administrative Agent shall promptly notify the Lenders of such Loan, and the Lenders shall use commercially reasonable efforts to make such Loan on the proposed funding date set forth in the Expedited Borrowing Request subject to the terms and conditions for borrowings otherwise set forth in this Agreement, except that the same conforms Borrower shall pay to that which is described in the Written Instructions. The Custodian shall deliverLenders any losses, in the manner directed costs or expenses incurred by the TrustLenders in connection with making such Loan on such proposed funding date on the date any interest is due under such Loan; provided, that if the Lenders are unable to make a Loan pursuant to an Expedited Borrowing Request due to the occurrence of a force majeure, or any other unexpected and unforeseen event, including, without limitation, market disruptions, the Lenders shall make such Securities as additional collateral, as may be specified in Written Instructions, Loan subject to secure further any transaction described the terms and conditions for Loans otherwise set forth in this Article VII. The Trust shall cause all Securities released from collateral status Agreement as soon as they are reasonably able to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriatedo so.
Appears in 3 contracts
Sources: Credit Agreement (Steele Creek Capital Corp), Credit Agreement (Steele Creek Capital Corp), Credit Agreement (Steele Creek Capital Corp)
Borrowings. In connection with any borrowings by the Trust, the Trust The Fund will cause any person (including the Custodian) from which it borrows money using Securities as collateral to be delivered deliver to the Custodian by a bank or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or of undertaking in the form currently employed by such bank or broker the lender setting forth the amount that the lender will loan to the Trust against delivery of a stated amount of collateral. The Trust Fund shall promptly deliver to the Custodian Written or Oral Instructions specifying with respect to for each such borrowing: loan, stating (ai) the name of the bank or brokerlender, (bii) the amount and terms of the borrowingloan, which terms may be set forth specified by incorporating by reference an attached promissory note or loan agreement duly endorsed by the Trust, or a loan agreementTrust on behalf of the Fund, (ciii) the time and date, and time if known, on which the loan is to will be entered intoconsummated (the “borrowing date”), (div) the date on which the loan becomes due and payable, (ev) the total amount payable to the Trust Fund on the borrowing date, (vi) the market value of Securities to be delivered as collateral for such loan and (fvii) the description of the Securities securing the loan, including the name of the issuer, the title and the number of shares or other units or principal amount of the principal amountSecurities to be delivered as collateral. The Custodian shall deliver on the borrowing date such specified collateral and the executed promissory note, if any, and receive from the lender the total amount of the loan proceeds; provided, however, that no delivery of Securities shall occur if the amount of loan proceeds does not conform to the amount set forth in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, such Securities as additional collateral, as may be specified in Written or Oral Instructions, to secure further any transaction described in this Article VII. The Trust shall cause all Securities released from collateral status to be returned directly to or if such Instruction do not contain the Custodian and the Custodian shall receive from time to time such return requirements of collateral as may be tendered to it(vii) above. The Custodian may, at the option of the lender, keep such collateral in its possession, ; provided such collateral is subject to all rights therein given to the lender because by any promissory note or loan agreement executed by the Trust on behalf of the loana Fund. The Custodian may require such reasonable conditions regarding such shall deliver, from time to time, any Securities required as additional collateral and its dealings with third-party lenders as it may deem appropriatefor any transaction described in this Section, upon receipt of Written or Oral Instructions. The Fund shall cause all Securities released from collateral status to be returned directly to the Custodian.
Appears in 3 contracts
Sources: Custody Agreement (Wells Fargo Variable Trust), Custody Agreement (Wells Fargo Funds Trust), Custody Agreement (Wells Fargo Funds Trust)
Borrowings. In connection with any certain borrowings by a Fund (including any borrowing by a Fund from the TrustCustodian pursuant to a separate agreement), the Trust Company will cause to be delivered to the Custodian by a bank or broker the lender requiring Securities or other assets as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently employed by such bank or broker lender setting forth the amount of collateral. The Trust Company shall promptly deliver to the Custodian Written Instructions specifying with respect to each such borrowing: (a) the name of the bank or brokerlender, (b) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note duly endorsed by the TrustCompany, or a loan agreement, (c) the date, and time if known, on which the loan is to be entered into, (d) the date on which the loan becomes due and payable, (e) the total amount payable to the Trust be borrowed by a Fund on the borrowing date, and (f) the description of the Securities or other assets securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver or segregate or otherwise identify on its books on the borrowing date specified in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliverdeliver or segregate or otherwise identify on its books, in the manner directed by the TrustCompany, such Securities or other assets as additional collateral, as may be specified in Written Instructions, to secure further any transaction described in this Article VIIborrowing transaction. The Trust Company shall cause all Securities and other assets released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriate.
Appears in 3 contracts
Sources: Custody Agreement (Foxby Corp.), Custody Agreement (Dividend & Income Fund), Custody Agreement (Midas Series Trust)
Borrowings. In connection with any borrowings by the Trust, the The Trust will cause any person from which it borrows money on behalf of a Fund using Securities as collateral to be delivered deliver to the Custodian by a bank or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or of undertaking in the form currently employed by such bank or broker the lender setting forth the amount that the lender will loan to the Trust against delivery of a stated amount of collateral. The Trust shall promptly deliver to the Custodian Written or Oral Instructions specifying with respect to for each such borrowing: loan, stating (ai) the name of the bank or brokerlender, (bii) the amount and terms of the borrowingloan, which terms may be set forth specified by incorporating by reference an attached promissory note or loan agreement duly endorsed by the Trust, or a loan agreementTrust on behalf of the Fund, (ciii) the time and date, and time if known, on which the loan is to will be entered intoconsummated (the “borrowing date”), (div) the date on which the loan becomes due and payable, (ev) the total amount payable to the Trust Fund on the borrowing date, (vi) the market value of Securities to be delivered as collateral for such loan and (fvii) the description of the Securities securing the loan, including the name of the issuer, the title and the number of shares or other units or principal amount of the principal amountSecurities to be delivered as collateral. The Custodian shall deliver on the borrowing date such specified collateral and the executed promissory note, if any, and receive from the lender the total amount of the loan proceeds; provided, however, that no delivery of Securities shall occur if the amount of loan proceeds does not conform to the amount set forth in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, such Securities as additional collateral, as may be specified in Written or Oral Instructions, to secure further any transaction described in this Article VII. The Trust shall cause all Securities released from collateral status to be returned directly to or if such Instructions do not contain the Custodian and the Custodian shall receive from time to time such return requirements of collateral as may be tendered to it(vii) above. The Custodian may, at the option of the lender, keep such collateral in its possession, ; provided such collateral is subject to all rights therein given to the lender because by any promissory note or loan agreement executed by the Trust on behalf of the loana Fund. The Custodian may require such reasonable conditions regarding such shall deliver, from time to time, any Securities required as additional collateral and its dealings with third-party lenders as it may deem appropriatefor any transaction described in this Section, upon receipt of Written or Oral Instructions. The Trust shall cause all Securities released from collateral status to be returned directly to the Custodian.
Appears in 3 contracts
Sources: Custody Agreement (Viking Mutual Funds), Custody Agreement (Integrity Funds), Custody Agreement (Integrity Funds)
Borrowings. In connection with (a) Subject to the terms and conditions hereof, on any borrowings by Business Day prior to the TrustCommitment Termination Date, the Trust will cause Issuer (or the Collateral Manager on behalf of the Issuer) may request Borrowings (each a “Borrowing Request”) hereunder in an amount equal to be delivered or greater than the Minimum Borrowing Amount.
(b) From time to time as required pursuant to and in accordance with the terms of the Indenture, the Issuer (or the Collateral Manager on behalf of the Issuer) may deliver to the Custodian by Revolving Credit Note Agent and the Class A-R Noteholders a bank or broker requiring Securities as collateral for such borrowings notice (including with a copy to the Custodian Trustee and the Collateral Manager, if not the borrowing is from the Custodiannotifying party), a notice or undertaking substantially in the form currently employed of Exhibit A hereto (each, a “Notice of Borrowing”), of a proposed Borrowing no later than 5:00 p.m. (New York City time) on the third Business Day prior to the proposed Borrowing Date. Each of the Issuer and, if applicable, the Collateral Manager agrees that any Notice of Borrowing delivered pursuant to this Section 2.1(b) shall be transmitted to the Revolving Credit Note Agent and the Class A-R Noteholders by such bank or broker setting forth electronic mail (to the electronic mail address specified on the Revolving Credit Note Agent’s and each Class A-R Noteholder’s respective signature pages to this Agreement), shall be substantially in the form of Exhibit A hereto, and shall specify the proposed Borrowing Date (which shall be a Business Day), the amount of collateralsuch proposed Borrowing and relevant wire transfer instructions. In the event any Notice of Borrowing is not transmitted to the Revolving Credit Note Agent and the Class A-R Noteholders until after 5:00 p.m. (New York City time) on a Business Day, it will be treated as having been transmitted on the following Business Day for all purposes hereunder. The Trust Revolving Credit Note Agent shall notify the Collateral Manager promptly deliver (and in any event within one Business Day) of any change to the electronic mail address specified on each Class A-R Noteholder’s signature page to this Agreement to the extent that the Revolving Credit Note Agent has received notice of such change from a Class A-R Noteholder.
(c) So long as (x) the Commitment Termination Date has not occurred and (y) the conditions to funding set out in Section 3.1 have been satisfied, the Class A-R Noteholders shall make Advances to the Issuer on the Borrowing Date specified in the Notice of Borrowing (pro rata based on their respective Commitment Percentages) as follows:
(i) each Class A-R Noteholder obligated to make an Advance hereunder, no later than 12:00 p.m. (New York City time) on the Borrowing Date specified in the Notice of Borrowing, shall have made available to the Trustee, in immediately available funds, an amount equal to its Commitment Percentage of the Borrowing in respect of such Advance in accordance with the wire transfer instructions set forth in the Notice of Borrowing;
(ii) a Class A-R Noteholder that has elected to establish a Class A-R Prepayment Account pursuant to Section 2.5(a) shall be deemed to satisfy its obligation under clause (i) if, no later than 12:00 p.m. (New York City time) on the Borrowing Date specified in the Notice of Borrowing, such Class A-R Noteholder has cash standing to the credit of its Class A-R Prepayment Account in an amount no less than its Commitment Percentage of the Borrowing in respect of such Advance; If, as of 12:00 p.m. (New York City time) on the Borrowing Date specified in the related Notice of Borrowing:
(A) each Class A-R Noteholder has satisfied its Advance payment obligation (either by payment to the Trustee in accordance with Section 2.1(c)(i) or deemed satisfaction pursuant to Section 2.1(c)(ii) above), (I) the Trustee shall transfer all funds received pursuant to Section 2.1(c)(i) to the Principal Collection Subaccount and (II) in the case of any Class A-R Noteholder that has satisfied such obligation pursuant to Section 2.1(c)(ii), the Trustee shall (at the direction of the Collateral Manager) instruct the Custodian Written Instructions specifying (without consent of such Class A-R Noteholder) to transfer cash in an amount equal to such Class A-R Noteholder’s Commitment Percentage of the Borrowing in respect of such Advance from such Class A-R Prepayment Account to the Principal Collection Subaccount; or
(B) any Class A-R Noteholder has failed to satisfy its Advance payment obligation (whether by payment to the Trustee in accordance with Section 2.1(c)(i) or deemed satisfaction pursuant to Section 2.1(c)(ii) above), (I) if the Trustee has received funds from a Class A-R Noteholder pursuant to Section 2.1(c)(i), the Trustee shall return such funds to such Class A-R Noteholder and (II) with respect to each such borrowing: any funds standing to the credit of a Class A-R Prepayment Account, the Trustee shall (a) at the name direction of the bank Collateral Manager) instruct the Custodian to return such funds to the related Class A-R Noteholder. For the avoidance of doubt, if with respect to any Advance, a Class A-R Noteholder has satisfied its Advance payment obligation pursuant to Section 2.1(c)(ii) but any other Class A-R Noteholder has failed to satisfy its own Advance payment obligation as of 12:00 p.m. (New York City time) on the Borrowing Date, the Trustee shall not be entitled to instruct the Custodian to transfer cash from such Class A-R Prepayment Account to the Issuer or broker, any other Person (bother than such Class A-R Noteholder as required by sub-clause (B) above) without the amount and terms consent of the borrowing, which may be set forth by incorporating by reference an attached promissory note duly endorsed by the Trust, or a loan agreement, (c) the date, and time if known, on which the loan is to be entered into, such Class A-R Noteholder.
(d) the date on which the loan becomes due and payableThe Issuer hereby agrees that each Class A-R Noteholder, acting in good faith, (ei) is entitled to rely upon any Notice of Borrowing furnished to such Class A-R Noteholder hereunder by the total amount payable Collateral Manager purporting to act on behalf of the Issuer, is genuine and authorized and (ii) shall not be liable to the Trust on the borrowing date, and (f) the description of the Securities securing the loan, including the name of the issuer, the title and the number of shares Issuer with respect to any action taken or other units or the principal amount. The Custodian shall deliver on the borrowing date specified in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, such Securities as additional collateral, as may be specified in Written Instructions, to secure further any transaction described in this Article VII. The Trust shall cause all Securities released from collateral status omitted to be returned directly to the Custodian and the Custodian shall receive from time to time taken by such return Class A-R Noteholder in good faith in accordance with any such Notice of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriateBorrowing.
Appears in 3 contracts
Sources: Revolving Credit Note Agreement (CM Finance Inc), Revolving Credit Note Agreement (CM Finance Inc), Revolving Credit Note Agreement
Borrowings. In connection with any borrowings by the Trust, the Trust The Fund will cause any person from which it borrows money on behalf of a Fund using Securities as collateral to be delivered deliver to the Custodian by a bank or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or of undertaking in the form currently employed by such bank or broker the lender setting forth the amount that the lender will loan to the Fund against delivery of a stated amount of collateral. The Trust Fund shall promptly deliver to the Custodian Written or Oral Instructions specifying with respect to for each such borrowing: loan, stating (ai) the name of the bank or brokerlender, (bii) the amount and terms of the borrowingloan, which terms may be set forth specified by incorporating by reference an attached promissory note or loan agreement duly endorsed by the Trust, or a loan agreementFund on behalf of the Fund, (ciii) the time and date, and time if known, on which the loan is to will be entered intoconsummated (the “borrowing date”), (div) the date on which the loan becomes due and payable, (ev) the total amount payable to the Trust Fund on the borrowing date, (vi) the market value of Securities to be delivered as collateral for such loan and (fvii) the description of the Securities securing the loan, including the name of the issuer, the title and the number of shares or other units or principal amount of the principal amountSecurities to be delivered as collateral. The Custodian shall deliver on the borrowing date such specified collateral and the executed promissory note, if any, and receive from the lender the total amount of the loan proceeds; provided, however, that no delivery of Securities shall occur if the amount of loan proceeds does not conform to the amount set forth in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, such Securities as additional collateral, as may be specified in Written or Oral Instructions, to secure further any transaction described in this Article VII. The Trust shall cause all Securities released from collateral status to be returned directly to or if such Instructions do not contain the Custodian and the Custodian shall receive from time to time such return requirements of collateral as may be tendered to it(vii) above. The Custodian may, at the option of the lender, keep such collateral in its possession, ; provided such collateral is subject to all rights therein given to the lender because by any promissory note or loan agreement executed by the Fund on behalf of the loana Fund. The Custodian may require such reasonable conditions regarding such shall deliver, from time to time, any Securities required as additional collateral and its dealings with third-party lenders as it may deem appropriatefor any transaction described in this Section, upon receipt of Written or Oral Instructions. The Fund shall cause all Securities released from collateral status to be returned directly to the Custodian.
Appears in 3 contracts
Sources: Custody Agreement (Nd Tax Free Fund Inc /Nd/), Custody Agreement (Integrity Fund of Funds Inc), Custody Agreement (Montana Tax Free Fund Inc)
Borrowings. In connection with any borrowings by the Trusta Fund, the Trust such Fund will cause to be delivered to the Custodian by a bank or broker requiring Securities securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently employed by such bank or broker setting forth the amount of collateral. The Trust A Fund shall promptly deliver to the Custodian Written Instructions specifying with respect to each such borrowing: (a) the name of the bank or broker, (b) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note duly endorsed by the Trusta Fund, or a loan agreement, (c) the date, and time if known, on which the loan is to be entered into, (d) the date on which the loan becomes due and payable, (e) the total amount payable to the Trust Fund on the borrowing date, and (f) the description of the Securities securities securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver on the borrowing date specified in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the TrustFund, such Securities securities as additional collateral, as may be specified in Written Instructions, to secure further any transaction described in this Article VIIborrowing transaction. The Trust A Fund shall cause all Securities securities released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriate.
Appears in 2 contracts
Sources: Custody Agreement (Unified Series Trust), Custody Agreement (Grand Prix Investors Trust)
Borrowings. In connection with any borrowings by the Trust, the The Trust will cause any person (including the Custodian) from which it borrows money using Securities as collateral to be delivered deliver to the Custodian by a bank or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or of undertaking in the form currently employed by such bank or broker the lender setting forth the amount that the lender will loan to the Trust against delivery of a stated amount of collateral. The Trust shall promptly deliver to the Custodian Written or Oral Instructions specifying with respect to for each such borrowing: loan, stating (ai) the name of the bank or brokerlender, (bii) the amount and terms of the borrowingloan, which terms may be set forth specified by incorporating by reference an attached promissory note or loan agreement duly endorsed by the Trust, or a loan agreement, (ciii) the time and date, and time if known, on which the loan is to will be entered intoconsummated (the "borrowing date"), (div) the date on which the loan becomes due and payable, (ev) the total amount payable to the Trust on the borrowing date, (vi) the market value of Securities to be delivered as collateral for such loan and (fvii) the description of the Securities securing the loan, including the name of the issuer, the title and the number of shares Interests or other units or principal amount of the principal amountSecurities to be delivered as collateral. The Custodian shall deliver on the borrowing date such specified collateral and the executed promissory note, if any, and receive from the lender the total amount of the loan proceeds; provided, however, that no delivery of Securities shall occur if the amount of loan proceeds does not conform to the amount set forth in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, such Securities as additional collateral, as may be specified in Written or Oral Instructions, to secure further any transaction described in this Article VII. The Trust shall cause all Securities released from collateral status to be returned directly to or if such Instruction do not contain the Custodian and the Custodian shall receive from time to time such return requirements of collateral as may be tendered to it(vii) above. The Custodian may, at the option of the lender, keep such collateral in its possession, ; provided such collateral is subject to all rights therein given to the lender because of by any promissory note or loan agreement executed by the loanTrust. The Custodian may require such reasonable conditions regarding such shall deliver, from time to time, any Securities required as additional collateral and its dealings with third-party lenders as it may deem appropriatefor any transaction described in this Section, upon receipt of Written or Oral Instructions. The Trust shall cause all Securities released from collateral status to be returned directly to the Custodian.
Appears in 2 contracts
Sources: Custodian Agreement (Core Trust /De), Custodian Agreement (Core Trust /De)
Borrowings. In connection with any borrowings by the Trust, the ---------- Trust will cause to be delivered to the Custodian by a bank or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently employed by such bank or broker setting forth the amount of collateral. The Trust shall promptly deliver to the Custodian Written Instructions specifying with respect to each such borrowing: (a) the name of the bank or broker, (b) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note duly endorsed by the Trust, or a loan agreement, (c) the date, and time if known, on which the loan is to be entered into, (d) the date on which the loan becomes due and payable, (e) the total amount payable to the Trust on the borrowing date, and (f) the description of the Securities securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver on the borrowing date specified in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, such Securities as additional collateral, as may be specified in Written Instructions, to secure further any transaction described in this Article VII. The Trust shall cause all Securities released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriate.
Appears in 2 contracts
Sources: Custody Agreement (Wallace Funds), Custody Agreement (Alpha Analytics Investment Trust)
Borrowings. In connection with any borrowings by the TrustCorporation acting on behalf of a Fund, the Trust Corporation will cause to be delivered to the Custodian by a bank or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently employed by such bank or broker setting forth the amount of collateral. The Trust Corporation shall promptly deliver to the Custodian Written Instructions specifying with respect to each such borrowing: (a) the name of the bank or broker, (b) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note duly endorsed by the TrustCorporation on behalf of the Fund, or a loan agreement, (c) the date, and time if known, on which the loan is to be entered into, (d) the date on which the loan becomes due and payable, (e) the total amount of loan proceeds payable to the Trust Fund on the borrowing datedate of borrowing, and (f) the description of the Securities securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver on the date of borrowing date specified in the Written Instructions Instructions, the collateral required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the TrustCorporation, such Securities as additional collateral, as may be specified in Written Instructions, to secure further any transaction described in this Article VII. The Trust Corporation shall cause all Securities released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriate. It is expressly understood that borrowings effected by the Custodian hereunder shall be made only in compliance with the Corporation’s then effective Registration Statement on Form N-1A as the same relates to the investment policies and restrictions of the Fund.
Appears in 1 contract
Borrowings. In connection with (a) If at any borrowings by time the TrustGeneral Partner shall determine, in its discretion, that funds are necessary to make an Investment or to pay a Partnership Expense, the Trust will cause General Partner may borrow such funds or otherwise arrange financing in respect of such funds on behalf of the Limited Partners (such funds so borrowed or in respect of which financing is arranged being referred to be delivered to the Custodian by a bank or broker requiring Securities herein as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian“Borrowed Funds”); provided, a notice or undertaking in the form currently employed by such bank or broker setting forth that the amount of collateral. The Trust such Borrowed Funds and the related Borrowing Costs shall promptly deliver not exceed the amount anticipated to be received from Partners pursuant to the Custodian Written Instructions specifying applicable Capital Call Notice issued or to be issued with respect to each such borrowing: (a) Investment or Partnership Expenses, as the name of the bank or broker, case may be.
(b) With respect to any Borrowed Funds under Section 3.10(a) on behalf of a Limited Partner in connection with an Investment or Partnership Expense, the principal amount and terms of such Borrowed Funds together with the borrowingrelated Borrowing Costs shall be deemed to constitute such Limited Partner’s Capital Contribution in respect of such Investment or Partnership Expense, which as the case may be, for purposes of this Agreement; provided, that notwithstanding the foregoing the Available Capital Commitment of such Limited Partner shall only be set forth by incorporating by reference an attached promissory note duly endorsed by the Trust, or a loan agreement, (c) the date, and time if known, on which the loan is to be entered into, (d) the date on which the loan becomes due and payable, (e) the total amount payable reduced to the Trust extent and at the time that such Limited Partner actually makes a Capital Contribution pursuant to Section 3.2 and the proceeds of such Capital Contribution are used to repay such Borrowed Funds and Borrowing Costs. In the event that a Limited Partner fails to make all or any portion of its required payment (including Borrowing Costs) in respect of any Borrowed Funds on the borrowing date, and (f) the description of the Securities securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver on the borrowing date specified in the Written Instructions applicable Capital Call Notice in respect of any Investment or Partnership Expense, and such failure has not been waived by the required collateral against General Partner in its discretion, such Limited Partner shall be treated as if it were a Defaulting Partner under this Agreement.
(c) In addition to any borrowing to fund capital calls as provided above, the lender's delivery Partnership may in the discretion of the total loan General Partner incur indebtedness that is recourse to all of the assets of the Partnership (and which may or may not be secured); [REDACTED]. For the avoidance of doubt, the foregoing shall not limit the ability of the Partnership to enter into performance or “bad boy” guarantees related to a portfolio investment. Nothing in this Section 3.10 shall restrict (i) the amount then payableof indebtedness that may be incurred by Portfolio Companies or intermediate investment vehicles established to hold Portfolio Companies unless such indebtedness is recourse to all of the assets of the Partnership (through guarantees or otherwise) or (ii) the amount of indebtedness that may be incurred by the Partnership in connection with the acquisition or refinance of Investments if such indebtedness is recourse only to such Investments and/or the assets of the applicable Portfolio Company.
(d) The General Partner shall have the right at its option to make a collateral assignment of the obligations of the Partners to make Capital Contributions pursuant to which each such Partner, provided for the benefit of one or more lenders or other Persons extending credit to the Partnership with respect to Borrowed Funds, acknowledges its obligations pursuant to this Agreement to make Capital Contributions in accordance with this Agreement, and that the same conforms General Partner, or the lender on behalf of the General Partner if the Partnership is in default of its payment obligations (in accordance with the agreements between such lender and Partnership and/or the General Partners), may call such Capital Contributions in accordance with this Agreement to pay the outstanding obligations to such lenders without defense, counterclaim or offset of any kind (other than, for the avoidance of doubt, defenses available under this Agreement); provided, that which is described the liability of such Partners to make Capital Contributions shall not be increased thereby and shall not result in the Written Instructions. The Custodian loss of a Limited Partner’s limited liability status under this Agreement and provided, further, that any Capital Contributions pursuant to this Section 3.10(d) shall deliverbe made to an account of the Partnership, in the manner directed by the Trust, such Securities as additional collateral, as which account may be specified in Written Instructions, pledged to secure further any transaction described in this Article VII. The Trust shall cause all Securities released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral a lender as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriatesecurity.
Appears in 1 contract
Sources: Limited Partnership Agreement
Borrowings. In connection The Borrower will not and will not permit any Subsidiary to create, assume or suffer to exist any indebtedness for borrowed money or any Funded Indebtedness of any kind; provided, that this Section shall not apply to (a) any Loans obtained hereunder, (b) any indebtedness of Borrower or of any Subsidiary created in the course of purchasing or developing real estate or financing construction or other improvements thereon or purchasing furniture, fixtures or other equipment therefor or any other related indebtedness of Borrower or of any Subsidiary for borrowed money or any refinancings thereof, provided that neither Borrower nor any Subsidiary (other than a Subsidiary whose sole assets consist of contiguous parcels of land which are being purchased or developed with any borrowings by the Trustsuch financing, the Trust will cause to be delivered improvements, if any, thereon, furniture, fixtures and other equipment used in connection therewith, receivables incurred by tenants in connection therewith and the proceeds of such receivables and other property directly obtained from the ownership of such assets) shall have any personal liability for such indebtedness, the creditors' recourse being solely to the Custodian by a bank or broker requiring Securities property being pledged as collateral for such borrowings (including indebtedness and the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently employed by such bank or broker setting forth the amount of collateral. The Trust shall promptly deliver to the Custodian Written Instructions specifying with respect to each such borrowing: (a) the name of the bank or broker, (b) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note duly endorsed by the Trust, or a loan agreementincome therefrom, (c) any Funded Indebtedness hereafter incurred by the dateBorrower or any Subsidiary that is fully subordinated, by written agreement in form and substance satisfactory to the Banks, which agreements shall include, among others, terms providing that such subordinated indebtedness (i) shall be unsecured, (ii) shall have a maturity date of at least four (4) years beyond the maturity date of the Revolving Loans, including all extensions thereof and including the term of any Term Loans made upon the Termination Date and (iii) shall be subject to a stand still period of at least twelve (12) months, in favor of the prior payment in full of the Borrower's Debt to the Banks, and time if knownprovided further that all proceeds of such Funded Indebtedness shall be used to repay the outstanding principal amounts of the Loans, on which the loan is to be entered into, or (d) indebtedness under any interest rate swap agreement, interest rate cap agreement, interest rate collar agreement or other similar agreement or arrangement provided by one or both of the date Agents and offered on which the loan becomes due and payable, (e) the total amount payable a Pro rata basis to the Trust on Banks and designed to hedge the borrowing date, and (f) the description position of the Securities securing the loanBorrower or any Subsidiary with respect to interest rates, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver on the borrowing date specified in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms relating to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, such Securities as additional collateral, as may be specified in Written Instructions, to secure further any transaction described in indebtedness otherwise permitted under this Article VII. The Trust shall cause all Securities released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriateSection 8.04.
Appears in 1 contract
Borrowings. In connection with any borrowings by the Trust, the Trust will cause to be delivered to the Custodian by a bank or broker requiring Securities securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently employed by such bank or broker setting forth the amount of collateral. The Trust shall promptly deliver to the Custodian Written Instructions specifying with respect to each such borrowing: (a) the name of the bank or broker, (b) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note duly endorsed by the Trust, or a loan agreement, (c) the date, and time if known, on which the loan is to be entered into, (d) the date on which the loan becomes due and payable, (e) the total amount payable to the Trust on the borrowing date, and (f) the description of the Securities securities securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver on the borrowing date specified in the Written Instructions the required collateral against the lender's ’s delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, . in the manner directed by the Trust, such Securities securities as additional collateral, as may be specified in Written Instructions, to secure further any transaction described in this Article VIIborrowing transaction. The Trust shall cause all Securities securities released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriate.
Appears in 1 contract
Sources: Custody Agreement (American Pension Investors Trust)
Borrowings. In connection with any borrowings by the Trust, the -------------- Trust will cause to be delivered to the Custodian by a bank or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently employed by such bank or broker setting forth the amount of collateral. The Trust shall promptly deliver to the Custodian Written Instructions specifying with respect to each such borrowing: (a) the name of the bank or broker, (b) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note duly endorsed by the Trust, or a loan agreement, (c) the date, and time if known, on which the loan is to be entered into, (d) the date on which the loan becomes due and payable, (e) the total amount payable to the Trust on the borrowing date, and (f) the description of the Securities securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver on the borrowing date specified in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, such Securities as additional collateral, as may be specified in Written Instructions, to secure further any transaction described in this Article VII. The Trust shall cause all Securities released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriate.
Appears in 1 contract
Sources: Custody Agreement (Securities Management & Timing Funds)
Borrowings. In connection with any borrowings by the Trust, the Trust The Fund will cause any person (including the Custodian) from which it borrows money using Securities as collateral to be delivered deliver to the Custodian by a bank or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or of undertaking in the form currently employed by such bank or broker the lender setting forth the amount that the lender will loan to the RIC against delivery of a stated amount of collateral. The Trust Fund shall promptly deliver to the Custodian Written or Oral Instructions specifying with respect to for each such borrowing: loan, stating (ai) the name of the bank or brokerlender, (bii) the amount and terms of the borrowingloan, which terms may be set forth specified by incorporating by reference an attached promissory note or loan agreement duly endorsed by the Trust, or a loan agreementRIC on behalf of the Fund, (ciii) the time and date, and time if known, on which the loan is to will be entered intoconsummated (the "borrowing date"), (div) the date on which the loan becomes due and payable, (ev) the total amount payable to the Trust Fund on the borrowing date, (vi) the market value of Securities to be delivered as collateral for such loan and (fvii) the description of the Securities securing the loan, including the name of the issuer, the title and the number of shares or other units or principal amount of the principal amountSecurities to be delivered as collateral. The Custodian shall deliver on the borrowing date such specified collateral and the executed promissory note, if any, and receive from the lender the total amount of the loan proceeds; provided, however, that no delivery of Securities shall occur if the amount of loan proceeds does not conform to the amount set forth in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, such Securities as additional collateral, as may be specified in Written or Oral Instructions, to secure further any transaction described in this Article VII. The Trust shall cause all Securities released from collateral status to be returned directly to or if such Instructions do not contain the Custodian and the Custodian shall receive from time to time such return requirements of collateral as may be tendered to it(vii) above. The Custodian may, at the option of the lender, keep such collateral in its possession, ; provided such collateral is subject to all rights therein given to the lender because by any promissory note or loan agreement executed by the RIC on behalf of the loana Fund. The Custodian may require such reasonable conditions regarding such shall deliver, from time to time, any Securities required as additional collateral and its dealings with third-party lenders as it may deem appropriatefor any transaction described in this Section, upon receipt of Written or Oral Instructions. The Fund shall cause all Securities released from collateral status to be returned directly to the Custodian.
Appears in 1 contract
Borrowings. In connection with any borrowings by the TrustFund, the Trust Fund will cause to be delivered to the Custodian by a bank or broker requiring Securities securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently employed by such bank or broker setting forth the amount of collateral. The Trust Fund shall promptly deliver to the Custodian Written Instructions specifying with respect to each such borrowing: (a) the name of the bank or broker, (b) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note duly endorsed by the TrustFund, or a loan agreement, (c) the date, and time if known, on which the loan is to be entered into, (d) the date on which the loan becomes due and payable, (e) the total amount payable to the Trust Fund on the borrowing date, and (f) the description of the Securities securities securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver on the borrowing date specified in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the TrustFund, such Securities securities as additional collateral, as may be specified in Written Instructions, to secure further any transaction described in this Article VIIborrowing transaction. The Trust Fund shall cause all Securities securities released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriate.
Appears in 1 contract
Sources: Custody Agreement (Z Seven Fund Inc)
Borrowings. In connection with any borrowings by the Trust, the Trust will cause to be delivered to the Custodian by a bank or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently employed by such bank or broker setting forth the amount of collateral. The Trust shall promptly deliver to the Custodian Written Instructions specifying with respect to each such borrowing: (a) the name of the bank or broker, (b) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note duly endorsed by the Trust, or a loan agreement, (c) the date, and time if known, on which the loan is to be entered into, (d) the date on which the loan becomes due and payable, (e) the total amount payable to the Trust on the borrowing date, and (f) the description of the Securities securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver on the borrowing date specified in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, such Securities as additional collateral, as may be specified in Written Instructions, to secure further any transaction described in this Article VII. The Trust shall cause all Securities released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriate.the
Appears in 1 contract
Borrowings. In connection with any borrowings by If and to the Trustextent permitted, the Trust will cause any person from which it borrows money on behalf of a Fund using Securities as collateral to be delivered deliver to the Custodian by a bank or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or of undertaking in the form currently employed by such bank or broker the lender setting forth the amount that the lender will loan to the Trust against delivery of a stated amount of collateral. The Prior to settlement on such borrowing, the Trust shall promptly deliver to the Custodian Written Appropriate Instructions specifying with respect to for each such borrowing: loan, stating (ai) the name of the bank or brokerlender, (bii) the amount and terms of the borrowingloan, which terms may be set forth specified by incorporating by reference an attached promissory note or loan agreement duly endorsed by the Trust, or a loan agreementTrust on behalf of the Fund, (ciii) the time and date, and time if known, on which the loan is to will be entered intoconsummated (the “borrowing date”), (div) the date on which the loan becomes due and payable, (ev) the total amount payable to the Trust Fund on the borrowing date, (vi) the market value of Securities to be delivered as collateral for such loan and (fvii) the description of the Securities securing the loan, including the name of the issuer, the title and the number of shares or other units or principal amount of the principal amountSecurities to be delivered as collateral. The Custodian shall deliver on the borrowing date such specified collateral and the executed promissory note, if any, and receive from the lender the total amount of the loan proceeds; provided, however, that no delivery of Securities shall occur if the amount of loan proceeds does not conform to the amount set forth in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, such Securities as additional collateral, as may be specified in Written Appropriate Instructions, to secure further any transaction described in this Article VII. The Trust shall cause all Securities released from collateral status to be returned directly to or if such Instructions do not contain the Custodian and the Custodian shall receive from time to time such return requirements of collateral as may be tendered to it(vii) above. The Custodian may, at the option of the lender, keep such collateral in its possession, ; provided such collateral is subject to all rights therein given to the lender because by any promissory note or loan agreement executed by the Trust on behalf of the loana Fund. The Custodian may require such reasonable conditions regarding such shall deliver, from time to time, any Securities required as additional collateral and its dealings with third-party lenders as it may deem appropriatefor any transaction described in this Section, upon receipt of Appropriate Instructions. The Trust shall cause all Securities released from collateral status to be returned directly to the Custodian.
Appears in 1 contract
Sources: Custody Agreement (PFM Funds)
Borrowings. In connection with any borrowings by the Trust, the Trust will cause to be delivered to the Custodian by a bank or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently employed by such bank or broker setting forth the amount of collateral. The Trust shall promptly deliver to the Custodian Written Instructions specifying with respect to each such borrowing: (a) the name of the bank or broker, (b) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note duly endorsed by the Trust, or a loan agreement, (c) the date, and time if known, on which the loan is to be entered into, (d) the date on which the loan becomes due and payable, (e) the total amount payable to the Trust on the borrowing date, and (f) the description of the Securities securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver on the borrowing date specified in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, such Securities as additional collateral, as may be specified in Written Instructions, to secure further any transaction described in this Article VII. The Trust shall cause all Securities released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party third‑party lenders as it may deem appropriate.
Appears in 1 contract
Borrowings. In 10.1 Except as otherwise expressly provided in this Agreement, the Members shall not be required (but, for the avoidance of doubt, shall be entitled) to advance any loan to CCURV or any CCURV Subsidiary.
10.2 Each of the Members hereby confirms and undertakes that it shall not do or cause to be done or omit to do or cause to be omitted to be done any act or omission which would or might constitute or give rise to an event of default or potential event of default or other breach of any obligation or duty under or in connection with any borrowings by the Trustdebt documents to which CCURV or any CCURV Subsidiary may be party from time to time.
10.3 CCURV shall have full power and authority to borrow money from financial institutions (including, without limitation, the Trust will cause Members) in order to meet the debts, liabilities and obligations of CCURV and to provide security over CCURV Assets and/or undertaking of CCURV in respect of such borrowings provided always that, notwithstanding any other provision of this Agreement, such borrowing shall not exceed the Maximum Gearing Threshold. Any such borrowings shall be repayable out of the first cash funds available to CCURV in priority to any payments then due to the Members.
10.4 Subject always to clause 10.3, in the event that borrowing from a financial institution (including, without limitation, the Members) becomes required by CCURV to meet its debts, liabilities and obligations CCURV shall negotiate and enter into such arrangements as it deems necessary to procure such borrowing.
10.5 Subject always to the proviso in clause 10.3, CCURV shall be free to exercise its unfettered discretion as to the terms and from whom and in what amount any borrowings from financial institutions (including, without limitation, the Members) may be made.
10.6 The parties acknowledge and agree that each CCURV Subsidiary shall have full power and authority to borrow money from financial institutions (including, without limitation, the Members) in order to meet its debts, liabilities and obligations and to provide security over its assets and/or its undertaking in respect of such borrowings provided always that, notwithstanding any other provision of this Agreement, such borrowing shall not exceed the Maximum Gearing Threshold. Any such borrowings shall be repayable out of the first cash funds available to each CCURV Subsidiary in priority to any payments then due to its members except any payments to be delivered made in connection with the payment of interest on or redemption of any B Loan Notes in accordance with clause 6, the Conditional Sale Agreement and/or each relevant B Loan Note Instrument which shall, save as otherwise provided in this Agreement, always rank ahead of any other borrowings subject further to the Custodian by a bank or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently employed by such bank or broker setting forth the amount of collateral. The Trust shall promptly deliver to the Custodian Written Instructions specifying with respect to each such borrowing: (a) the name of the bank or broker, (b) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note duly endorsed by the Trust, or a loan agreement, Deed of Subordination and Priority (c) the date, and time if known, on which the loan is CCURV Subsidiary).
10.7 Subject always to be entered into, (d) the date on which the loan becomes due and payable, (e) the total amount payable to the Trust on the borrowing date, and (f) the description of the Securities securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver on the borrowing date specified in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliverclause 10.6, in the manner directed event that borrowing from a financial institution (including, without limitation, the Members) becomes required by a CCURV Subsidiary to meet its debts, liabilities and obligations (including, but not limited to, its obligations to redeem B Loan Notes) the relevant CCURV Subsidiary shall negotiate and enter into such arrangements as it deems necessary to procure such borrowing.
10.8 Subject always to the proviso in clause 10.6 and that first ranking security over the assets of each CCURV Subsidiary shall be held by the TrustCouncil as security for repayment of the relevant B Loan Notes, such Securities CCURV shall procure that each CCURV Subsidiary shall be free to exercise its unfettered discretion as additional collateralto the terms and from whom and in what amount any borrowings from financial institutions (including, as without limitation, the Members) may be specified in Written Instructions, to secure further any transaction described in this Article VII. The Trust shall cause all Securities released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriatemade.
Appears in 1 contract
Sources: Members Agreement
Borrowings. In connection with any borrowings by the Trust, ---------- the Trust will cause to be delivered to the Custodian by a bank or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently employed by such bank or broker setting forth the amount of collateral. The Trust shall promptly deliver to the Custodian Written Instructions specifying with respect to each such borrowing: (a) the name of the bank or broker, (b) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note duly endorsed by the Trust, or a loan agreement, (c) the date, and time if known, on which the loan is to be entered into, (d) the date on which the loan becomes due and payable, (e) the total amount payable to the Trust on the borrowing date, and (f) the description of the Securities securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver on the borrowing date specified in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, such Securities as additional collateral, as may be specified in Written Instructions, to secure further any transaction described in this Article VII. The Trust shall cause all Securities released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriate.
Appears in 1 contract
Sources: Custody Agreement (Runkel Funds)
Borrowings. In connection with any borrowings by the Trust, the The Trust will cause any person (including the Custodian) from which it borrows money using Securities as collateral to be delivered deliver to the Custodian by a bank or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or of undertaking in the form currently employed by such bank or broker the lender setting forth the amount that the lender will loan to the Trust against delivery of a stated amount of collateral. The Trust shall promptly deliver to the Custodian Written or Oral Instructions specifying with respect to for each such borrowing: loan, stating (ai) the name of the bank or brokerlender, (bii) the amount and terms of the borrowingloan, which terms may be set forth specified by incorporating by reference an attached promissory note or loan agreement duly endorsed by the Trust, or a loan agreement, (ciii) the time and date, and time if known, on which the loan is to will be entered intoconsummated (the ""borrowing date""), (div) the date on which the loan becomes due and payable, (ev) the total amount payable to the Trust on the borrowing date, (vi) the market value of Securities to be delivered as collateral for such loan and (fvii) the description of the Securities securing the loan, including the name of the issuer, the title and the number of shares or other units or principal amount of the principal amountSecurities to be delivered as collateral. The Custodian shall deliver on the borrowing date such specified collateral and the executed promissory note, if any, and receive from the lender the total amount of the loan proceeds; provided, however, that no delivery of Securities shall occur if the amount of loan proceeds does not conform to the amount set forth in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, such Securities as additional collateral, as may be specified in Written or Oral Instructions, to secure further any transaction described in this Article VII. The Trust shall cause all Securities released from collateral status to be returned directly to or if such Instruction do not contain the Custodian and the Custodian shall receive from time to time such return requirements of collateral as may be tendered to it(vii) above. The Custodian may, at the option of the lender, keep such collateral in its possession, ; provided such collateral is subject to all rights therein given to the lender because of by any promissory note or loan agreement executed by the loanTrust. The Custodian may require such reasonable conditions regarding such shall deliver, from time to time, any Securities required as additional collateral and its dealings with third-party lenders as it may deem appropriatefor any transaction described in this Section, upon receipt of Written or Oral Instructions. The Trust shall cause all Securities released from collateral status to be returned directly to the Custodian.
Appears in 1 contract
Borrowings. (a) [REDACTED]
(b) [REDACTED]
(c) In connection with obtaining a Credit Facility, each Limited Partner may be required to deliver, if requested by the General Partner for provision to a third-party lender, (i) its most recent financial statements, (ii) a certificate confirming the remaining amount of its uncalled Capital Commitments, (iii) an investor letter and/or authority documentation relating to its entry into its Subscription Agreement and this Agreement, and (iv) such other instruments as the General Partner or such third-party lender may reasonably require in order to effectuate any such borrowings by the TrustPartnership or any of its subsidiaries.
(d) Each Limited Partner shall be required to acknowledge and agree, in connection with any Credit Facility, that: (i) it shall remain absolutely and unconditionally obligated to fund Capital Contributions duly called by the Trust will cause General Partner or by the lender pursuant to be delivered a Credit Facility (including, without limitation, Capital Contributions required as a result of the failure of any other Limited Partner to the Custodian by a bank or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently employed by such bank or broker setting forth the amount of collateral. The Trust shall promptly deliver to the Custodian Written Instructions specifying advance funds with respect to each a Drawdown Notice), without setoff, counterclaim or defense, including, without limitation, any defense of fraud or mistake, or any defense under any bankruptcy or insolvency law, including Section 365 of the Bankruptcy Code, subject in all cases to the Limited Partners’ rights to assert such borrowing: claims against the Partnership in one or more separate actions; provided that, any such claims will be subordinate to all payments due to the lenders under a Credit Facility; and provided further that, notwithstanding anything to the contrary in this Section 2.02, no ERISA Partner shall be required to fund Capital Contributions if making such Capital Contribution would cause such ERISA Partner to be in violation of ERISA; (ii) its Subscription Agreement and this Agreement shall constitute such Limited Partner’s legal, valid and binding obligation, enforceable against such Limited Partner in accordance with their terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium, or other laws affecting creditors’ rights generally and to general principles of equity; and (iii) the lender under the Credit Facility is extending credit to the Partnership in reliance on such Limited Partner’s funding of its Capital Contributions as such lender’s primary source of repayment.
(e) Notwithstanding any other provision of this Agreement, in connection with any Credit Facility, the General Partner, on its own behalf and on behalf of the Partnership, shall be authorized to (a) the name of the bank or brokerexecute, deliver and perform any credit agreement, guarantee and/or related documentation, and (b) pledge, hypothecate, mortgage, assign, transfer or grant security interests in or other liens on (i) the amount General Partner’s interest in the Partnership and its obligation to make capital contributions, (ii) the Limited Partners’ Subscription Agreements and the Limited Partners’ obligations to make Capital Contributions under this Agreement, (iii) a Partnership collateral account into which the payment by the Limited Partners of their Capital Contributions is to be made and (iv) any other assets, rights or remedies of the Partnership or of the General Partner hereunder or under the Subscription Agreements, including, without limitation, the right to call capital and issue Drawdown Notices, to accept additional Capital Contributions, to receive Capital Contributions and other payments and to exercise remedies upon a default by a Limited Partner in the payment of its Capital Contributions. All rights granted to a lender pursuant to this Section 2.02 shall apply to its agents and its successors and assigns.
(f) Notwithstanding any other provision of this Agreement, a Limited Partner’s Subscription Agreement or any Side Letter to the contrary, each Limited Partner acknowledges and agrees: (i) that any excuse right or other limitation with respect to any Capital Contribution shall not be applicable with respect to any capital call the purpose of which is to repay amounts due under the Credit Facility (including, without limitation, the limitation in Section 3.03(d)(i)(x) and any limitation on calling capital to pay any Management Fee, regardless of whether the Credit Facility was used to pay any Management Fee), regardless of whether the related capital call is issued by the General Partner or the lender under the Credit Facility; and (ii) that in the event such Limited Partner is entitled to Transfer its Interest or withdraw from the Partnership pursuant to any provision of this Agreement, its Subscription Agreement or its Side Letter, prior to the effectiveness of such Transfer or withdrawal, as applicable, such Limited Partner shall be obligated to fund such Capital Contributions as may be required under the terms of the borrowingCredit Facility as a result of such Transfer or withdrawal; provided, which may that in no event shall any amounts funded by such Limited Partner exceed its unfunded Capital Commitment. For the avoidance of doubt, the provisions of this Section 2.02 shall not in any way limit an ERISA Partner’s rights to (i) withdraw from the Partnership, (ii) be set forth by incorporating by reference an attached promissory note duly endorsed by the Trust, excused from funding a Capital Contribution or (iii) transfer all or a loan agreementportion of its Interest, (c) the date, and time if known, on which the loan is to be entered into, (d) the date on which the loan becomes due and payable, (e) the total amount payable to the Trust on the borrowing date, and (f) the description of the Securities securing the loan, including the name of the issuer, the title in each case as provided in Section 2.03 and the number other applicable provisions of shares or other units or the principal amount. The Custodian shall deliver on the borrowing date specified in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, such Securities as additional collateral, as may be specified in Written Instructions, to secure further any transaction described in this Article VII. The Trust shall cause all Securities released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriateAgreement.
Appears in 1 contract
Sources: Limited Partnership Agreement
Borrowings. In connection with any borrowings by the TrustCompany, the Trust Company will cause to be delivered to the Custodian by a bank or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently employed by such bank or broker setting forth the amount of collateral. The Trust Company shall promptly deliver to the Custodian Written Instructions specifying with respect to each such borrowing: (a) the name of the bank or broker, (b) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note duly endorsed by the TrustCompany, or a loan agreement, (c) the date, and time if known, on which the loan is to be entered into, (d) the date on which the loan becomes due and payable, (e) the total amount payable to the Trust Company on the borrowing date, and (f) the description of the Securities securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver on the borrowing date specified in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the TrustCompany, such Securities as additional collateral, as may be specified in Written Instructions, to secure further any transaction described in this Article VII. The Trust Company shall cause all Securities released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriate.
Appears in 1 contract
Borrowings. In connection with any borrowings by the Trust, the Trust will cause to be delivered to the Custodian by a bank or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently employed by such bank or broker setting forth the amount of collateral. The Trust shall promptly deliver to the Custodian Written Instructions specifying with respect to each such borrowing: (a) the name Upon receiving a request for a cash Advance in accordance with Section 2.3 hereof, Agent shall prior to 2:00 p.m. or as soon as reasonably practical thereafter notify all Lenders of the bank request. Each Lender shall advance its applicable Pro Rata Percentage of the requested Advance to Agent by remitting federal funds, immediately available, to Agent pursuant to Agent's instructions prior to 3:00 p.m. Philadelphia time or brokeras soon as is reasonably practicable thereafter on the date of such notice. Subject to the satisfaction of the terms and conditions hereof, and receipt by the Agent of all required funds from the other Lenders, Agent shall make the requested Advance available to the Borrowers by crediting such amount to SSI's operating account with Agent as soon as is reasonably practicable thereafter on the day on which such Advance was requested. In lieu of the foregoing, Agent may, in its discretion (and without any obligation to do so or continue to do so), fund the Pro Rata Percentage of an Advance (including any cash Advance to reimburse Issuer for unreimbursed draws under a Letter of Credit) on behalf of any one or more Lenders (unconditionally and absolutely obliging such affected Lender to reimburse Agent in full without deduction or setoffs for its portion of such Advance) with a settlement among Lenders on the following Business Day or under such other settlement procedures as Agent and Lenders may mutually agree upon from time to time.
(b) Neither Agent nor any other Lender shall be obligated, for any reason whatsoever, to advance the share of any other Lender. If such corresponding amount and terms of is not made available to Agent by such Lender on the borrowing, which may be set forth by incorporating by reference an attached promissory note duly endorsed by date the Trust, or a loan agreement, (c) the date, and time if known, on which the loan Advance is to be entered intomade and Agent elects (at its discretion, without any obligation to do so) to make such Lender's share of the Advance (dincluding any cash Advance to reimburse Issuer for unreimbursed draws under a Letter of Credit), Agent shall be entitled to recover such amount on demand from such Lender, together with interest in respect of each day during the period commencing on the date such amount was made available to the Borrowers (or on that date Agent required such funds to be advanced pursuant to the settlement procedures established by Agent) and ending on (but excluding) the date on Agent recovers such amount, at a per annum rate equal to the Fed Funds Rate for the first Business Day and thereafter at two (2) percentage points above the Agent's Prime Rate. Agent shall also be entitled to recover any and all losses and damages (including without limitation, attorneys' fees) from any Lender failing to so advance upon demand of Agent. Agent may set off the obligations of a Lender under this paragraph against any distributions or payments of the Obligations which Agent would otherwise make available to such Lender. To the loan becomes due and payableextent any Lender fails to provide or delays providing its respective Pro Rata Percentage of any requested Advance, such Lender's Pro Rata Percentage of all payments of the Obligations (ebut not its Pro Rata Percentage of Advances required to be funded by such Lender) shall decrease to reflect the actual percentage which its actual outstanding Advances bears to the total amount payable to the Trust on the borrowing date, and (f) the description outstanding Advances of the Securities securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver on the borrowing date specified in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, such Securities as additional collateral, as may be specified in Written Instructions, to secure further any transaction described in this Article VII. The Trust shall cause all Securities released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriateLenders.
Appears in 1 contract
Borrowings. In connection with any borrowings by the Trusta Fund, the Trust such Fund will cause to be delivered to the Custodian by a bank or broker requiring Securities securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently employed by such bank or broker setting forth the amount of collateral. The Trust A Fund shall promptly deliver to the Custodian Written Instructions specifying with respect to each such borrowing: (a) the name of the bank or broker, (b) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note duly endorsed by the Trusta Fund, or a loan agreement, (c) the date, and time if known, on which the loan is to be entered into, (d) the date on which the loan becomes due and payable, (e) the total amount payable to the Trust Fund on the borrowing date, and (f) the description of the Securities securities securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver on the borrowing date specified in the Written Instructions the required collateral against the lender's ’s delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the TrustFund, such Securities securities as additional collateral, as may be specified in Written Instructions, to secure further any transaction described in this Article VIIborrowing transaction. The Trust A Fund shall cause all Securities securities released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriate.
Appears in 1 contract
Borrowings. In connection with any borrowings by the TrustFund, the Trust Fund will cause to be delivered to the Custodian by a bank or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently employed by such bank or broker setting forth the amount of collateral. The Trust Fund shall promptly deliver to the Custodian Written Instructions specifying with respect to each such borrowing: (a) the name of the bank or broker, (b) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note duly endorsed by the TrustFund, or a loan agreement, (c) the date, and time if known, on which the loan is to be entered into, (d) the date on which the loan becomes due and payable, (e) the total amount payable to the Trust Fund on the borrowing date, and (f) the description of the Securities securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver on the borrowing date specified in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the TrustFund, such Securities as additional collateral, as may be specified in Written Instructions, to secure further any transaction described in this Article VII. The Trust Fund shall cause all Securities released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriate.
Appears in 1 contract
Borrowings. In connection with any borrowings by the Trust, the Trust The Fund will cause any person (including the Custodian) from which it borrows money using Securities as collateral to be delivered deliver to the Custodian by a bank or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or of undertaking in the form currently employed by such bank or broker the lender setting forth the amount that the lender will loan to the Company against delivery of a stated amount of collateral. The Trust Fund shall promptly deliver to the Custodian Written or Oral Instructions specifying with respect to for each such borrowing: loan, stating (ai) the name of the bank or brokerlender, (bii) the amount and terms of the borrowingloan, which terms may be set forth specified by incorporating by reference an attached promissory note or loan agreement duly endorsed by the Trust, or a loan agreementCompany on behalf of the Fund, (ciii) the time and date, and time if known, on which the loan is to will be entered intoconsummated (the "borrowing date"), (div) the date on which the loan becomes due and payable, (ev) the total amount payable to the Trust Fund on the borrowing date, (vi) the market value of Securities to be delivered as collateral for such loan and (fvii) the description of the Securities securing the loan, including the name of the issuer, the title and the number of shares or other units or principal amount of the principal amountSecurities to be delivered as collateral. The Custodian shall deliver on the borrowing date such specified collateral and the executed promissory note, if any, and receive from the lender the total amount of the loan proceeds; provided, however, that no delivery of Securities shall occur if the amount of loan proceeds does not conform to the amount set forth in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, such Securities as additional collateral, as may be specified in Written or Oral Instructions, to secure further any transaction described in this Article VII. The Trust shall cause all Securities released from collateral status to be returned directly to or if such Instructions do not contain the Custodian and the Custodian shall receive from time to time such return requirements of collateral as may be tendered to it(vii) above. The Custodian may, at the option of the lender, keep such collateral in its possession, ; provided such collateral is subject to all rights therein given to the lender because by any promissory note or loan agreement executed by the Company on behalf of the loana Fund. The Custodian may require such reasonable conditions regarding such shall deliver, from time to time, any Securities required as additional collateral and its dealings with third-party lenders as it may deem appropriatefor any transaction described in this Section, upon receipt of Written or Oral Instructions. The Fund shall cause all Securities released from collateral status to be returned directly to the Custodian.
Appears in 1 contract
Sources: Custody Agreement (RBC Funds Inc)
Borrowings. In connection with any borrowings by the Trust, the Trust will cause to be delivered bedelivered to the Custodian by a bank or broker requiring Securities securities as collateral for such borrowings (including borrowings(including the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently formcurrently employed by such bank or broker setting forth the amount of collateral. The Trust shall promptly deliver promptlydeliver to the Custodian Written Instructions specifying with respect to each such borrowing: (a) the name of nameof the bank or broker, (b) the amount and terms of the borrowing, which may be set forth by incorporating by incorporatingby reference an attached promissory note duly endorsed by the Trust, or a loan agreement, (c) the date, and time andtime if known, on which the loan is to be entered into, (d) the date on which the loan becomes due and payableandpayable, (e) the total amount payable to the Trust on the borrowing date, and (f) the description of the Securities thesecurities securing the loan, including the name of the issuer, the title and the number of shares or other units otherunits or the principal amount. The Custodian shall deliver on the borrowing date specified in the Written Instructions WrittenInstructions the required collateral against the lender's ’s delivery of the total loan amount then payable, ,provided that the same conforms to that which is described in the Written Instructions. The Custodian shall delivershalldeliver, in the manner directed by the Trust, such Securities securities as additional collateral, as may be specified in Written inWritten Instructions, to secure further any transaction described in this Article VIIborrowing transaction. The Trust shall cause all Securities released securitiesreleased from collateral status to be returned directly to the Custodian and the Custodian shall receive from time fromtime to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriate.
Appears in 1 contract
Borrowings. In connection with any borrowings by the Corporation/Trust, the Corporation/Trust will cause to be delivered to the Custodian by a bank or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently employed by such bank or broker setting forth the amount of collateral. The Corporation/Trust shall promptly deliver to the Custodian Written Instructions specifying with respect to each such borrowing: (a) the name of the bank or broker, (b) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note duly endorsed by the Corporation/Trust, or a loan agreement, (c) the date, and time if known, on which the loan is to be entered into, (d) the date on which the loan becomes due and payable, (e) the total amount payable to the Corporation/Trust on the borrowing date, and (f) the description of the Securities securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver on the borrowing date specified in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Corporation/Trust, such Securities as additional collateral, as may be specified in Written Instructions, to secure further any transaction described in this Article VII. The Corporation/Trust shall cause all Securities released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriate.
Appears in 1 contract
Borrowings. In connection with any borrowings by the Trust, the Trust The Company will cause any person (including the Custodian) from which it borrows money using Securities as collateral to be delivered deliver to the Custodian by a bank or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or of undertaking in the form currently employed by such bank or broker the lender setting forth the amount that the lender will loan to the Company against delivery of a stated amount of collateral. The Trust Company shall promptly deliver to the Custodian Written or Oral Instructions specifying with respect to for each such borrowing: loan, stating (ai) the name of the bank or brokerlender, (bii) the amount and terms of the borrowingloan, which terms may be set forth specified by incorporating by reference an attached promissory note or loan agreement duly endorsed by the Trust, or a loan agreementCompany, (ciii) the time and date, and time if known, on which the loan is to will be entered intoconsummated (the "borrowing date"), (div) the date on which the loan becomes due and payable, (ev) the total amount payable to the Trust Company on the borrowing date, (vi) the market value of Securities to be delivered as collateral for such loan and (fvii) the description of the Securities securing the loan, including the name of the issuer, the title and the number of shares or other units or principal amount of the principal amountSecurities to be delivered as collateral. The Custodian shall deliver on the borrowing date such specified collateral and the executed promissory note, if any, and receive from the lender the total amount of the loan proceeds; provided, however, that no delivery of Securities shall occur if the amount of loan proceeds does not conform to the amount set forth in the Written Instructions the required collateral against the lender's delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, such Securities as additional collateral, as may be specified in Written or Oral Instructions, to secure further any transaction described in this Article VII. The Trust shall cause all Securities released from collateral status to be returned directly to or if such Instructions do not contain the Custodian and the Custodian shall receive from time to time such return requirements of collateral as may be tendered to it(vii) above. The Custodian may, at the option of the lender, keep such collateral in its possession, ; provided such collateral is subject to all rights therein given to the lender because of by any promissory note or loan agreement executed by the loanCompany. The Custodian may require such reasonable conditions regarding such shall deliver, from time to time, any Securities required as additional collateral and its dealings with third-party lenders as it may deem appropriatefor any transaction described in this Section, upon receipt of Written or Oral Instructions. The Company shall cause all Securities released from collateral status to be returned directly to the Custodian.
Appears in 1 contract
Borrowings. In connection with any borrowings by the Trust, the Trust will cause to be delivered to the Custodian by a bank or broker requiring Securities securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian), a notice or undertaking in the form currently employed by such bank or broker setting forth the amount of collateral. The Trust shall promptly deliver to the Custodian Written Instructions specifying with respect to each such borrowing: (a) the name of the bank or broker, (b) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note duly endorsed by the Trust, or a loan agreement, (c) the date, and time if known, on which the loan is to be entered into, (d) the date on which the loan becomes due and payable, (e) the total amount payable to the Trust on the borrowing date, and (f) the description of the Securities securities securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amount. The Custodian shall deliver on the borrowing date specified in the Written Instructions the required collateral against the lender's ’s delivery of the total loan amount then payable, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, such Securities securities as additional collateral, as may be specified in Written Instructions, to secure further any transaction described in this Article VIIborrowing transaction. The Trust shall cause all Securities securities released from collateral status to be returned directly to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriate.
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Borrowings. In connection with any borrowings by The Company shall give Agent notice of each borrowing hereunder as provided in Section 4.04 hereof, after which Agent shall give each Lender prompt written notice thereof. On the Trustdate specified for each borrowing hereunder, the Trust will cause to be delivered each Lender shall, subject to the Custodian by a bank or broker requiring Securities as collateral for such borrowings (including the Custodian if the borrowing is from the Custodian)terms and conditions of this Agreement, a notice or undertaking in the form currently employed by such bank or broker setting forth promptly remit to Agent at Agent's Principal Office the amount of collateral. The Trust such Lender's Percentage Share of such borrowing in immediately available funds, and upon receipt of such funds, subject to the terms and conditions of this Agreement, Agent shall promptly deliver make available the amount of such borrowing to the Custodian Written Instructions specifying with respect to each such borrowing: (a) Company by depositing the name same, in immediately available funds, in an account of the bank Company designated by the Company. Unless Agent shall have received prompt notice from a Lender that such Lender will not make available to Agent such Lender's Percentage Share of a requested borrowing, Agent may in its discretion assume that such Lender has made its Percentage Share of such requested borrowing available to Agent in accordance with this section and Agent may if it chooses, in reliance upon such assumption, make such borrowing available to the Company and shall use its best efforts to notify the Company of such action, provided, however, that any failure by Agent to notify the Company of such action shall not in any way or brokermanner diminish, (b) nullify or reduce the Company's and such Lender's obligations in the following sentence. If and to the extent such Lender shall not so make its Percentage Share of such requested borrowing available to Agent, such Lender and the Company severally agree to pay or repay to Agent within three days after demand the amount and terms of such Lender's Percentage Share of such requested borrowing together with interest thereon, for each day from the borrowingdate such amount is made available to the Company until the date such amount is paid or repaid to Agent, which may be set forth by incorporating by reference an attached promissory note duly endorsed by the Trust, or a loan agreement, (c) the date, and time if known, on which the loan is such interest to be entered into, paid (di) by such Lender at the date on which the loan becomes due and payable, (e) the total amount payable to the Trust on the borrowing dateFederal Funds Rate plus $200 per day, and (fii) by the description Company at the interest rate applicable at the time to the remainder of the Securities securing the loan, including the name of the issuer, the title and the number of shares or other units or the principal amountrequested borrowing made on such date. The Custodian failure of any Lender to make its Percentage Share of any requested borrowing available to Agent hereunder shall deliver on the borrowing date specified in the Written Instructions the required collateral against the lender's delivery not relieve any other Lender of the total loan amount then payableits obligation hereunder, provided that the same conforms to that which is described in the Written Instructions. The Custodian shall deliver, in the manner directed by the Trust, such Securities as additional collateral, as may be specified in Written Instructionsif any, to secure further make its Percentage Share of such requested borrowing available to Agent, but no Lender shall be responsible for any transaction described in this Article VII. The Trust shall cause all Securities released from collateral status other Lender's failure to be returned directly make its Percentage Share of any requested borrowing available to the Custodian and the Custodian shall receive from time to time such return of collateral as may be tendered to it. The Custodian may, at the option of the lender, keep such collateral in its possession, subject to all rights therein given to the lender because of the loan. The Custodian may require such reasonable conditions regarding such collateral and its dealings with third-party lenders as it may deem appropriateAgent.
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