Common use of Collection Obligations Clause in Contracts

Collection Obligations. Custodian shall diligently collect income and principal of Securities which Custodian has received actual notice in accordance with normal industry practices. However, Custodian shall be under no obligation or duty to take any action to effect collection of any amount if the Securities upon which such amount is payable is in default, or if payment is refused after due demand. Custodian shall notify Principal and Manager promptly of such default or refusal to pay. Custodian shall have no duty to file or pursue any bankruptcy or class action claims with respect to Account, unless indemnified by Principal in manner and amount satisfactory to Custodian provided, however, unless Principal directs otherwise, Custodian will use its best efforts to file claims in class actions and pay any recovery to account, net of Custodian’s fees as disclosed in the fee schedule.

Appears in 9 contracts

Samples: Global Custody Agreement (Atlas U.S. Tactical Income Fund), Custody Agreement (Unified Series Trust), Global Custody Agreement (Arrow Investments Trust)

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Collection Obligations. Custodian shall diligently collect income and principal of Securities which the Custodian has received actual notice in accordance with normal industry practices. However, Custodian shall be under no obligation or duty to take any action to effect collection of any amount if the Securities upon which such amount is payable is in default, or if payment is refused after due demand. Custodian shall notify Principal and Manager promptly of such default or refusal to pay. Custodian shall have no duty to file or pursue any bankruptcy or class action claims with respect to Account, unless indemnified by Principal in manner and amount satisfactory to Custodian provided, however, unless Principal directs otherwise, Custodian will use its best efforts to file claims in class actions and pay any recovery to account, net of CustodianBank’s fees as disclosed in the fee schedule.

Appears in 6 contracts

Samples: Custodian Agreement (Resource Credit Income Fund), Custodian Agreement (CLA Strategic Allocation Fund), Custody Agreement (BlueArc Multi-Strategy Fund)

Collection Obligations. Custodian shall diligently collect income and principal of Securities which the Custodian has received actual notice in accordance with normal industry practices. However, Custodian shall be under no obligation or duty to take any action to effect collection of any amount if the Securities upon which such amount is payable is in default, or if payment is refused after due demand. Custodian shall notify Principal and Manager promptly of such default or refusal to pay. Custodian shall have no duty to file or pursue any bankruptcy or class action claims with respect to Account, unless indemnified by Principal in manner and amount satisfactory to Custodian provided, provided however, unless Principal directs otherwise, Custodian will use its best efforts to file claims in class actions and pay any recovery to account, net of Custodian’s fees as disclosed in the fee schedule.

Appears in 3 contracts

Samples: Custodian Agreement (Advisorone Funds), Custodian Agreement (Advisorone Funds), Custodian Agreement (Advisorone Funds)

Collection Obligations. Custodian shall diligently collect income and principal of Securities which the Custodian has received actual notice in accordance with normal industry practices. However, Custodian shall be under no obligation or duty to take any action to effect collection of any amount if the Securities upon which such amount is payable is in default, or if payment is refused after due demand. Custodian shall notify Principal the applicable Fund and Manager promptly of such default or refusal to pay. Custodian shall have no duty to file or pursue any bankruptcy or class action claims with respect to Account, unless indemnified by Principal the applicable Fund in manner and amount satisfactory to Custodian provided, however, unless Principal the applicable Fund directs otherwise, Custodian will use its best efforts to file claims in class actions and pay any recovery to account, net of Custodian’s fees as disclosed in the fee schedule.

Appears in 3 contracts

Samples: Custody Agreement (WTI Fund X, Inc.), Global Custody Agreement (Venture Lending & Leasing VIII, Inc.), Global Custody Agreement (Venture Lending & Leasing IX, Inc.)

Collection Obligations. Custodian shall diligently collect income and principal of Securities which the Custodian has received actual notice in accordance with normal industry practices. However, Custodian shall be under no obligation or duty to take any action to effect collection of any amount if the Securities upon which such amount is payable is in default, or if payment is refused after due demand. Custodian shall notify Principal and Manager promptly of such default or refusal to pay. Custodian shall have no duty to file or pursue any bankruptcy or class action claims with respect to Account, unless indemnified by Principal in manner and amount satisfactory to Custodian provided, however, unless Principal directs otherwise, Custodian will use its best efforts to file claims in class actions and pay any recovery to account, net of Custodian’s Bank's fees as disclosed in the fee schedule.

Appears in 3 contracts

Samples: Custodian Agreement (Winton Series Trust), Custodian Agreement (O'Connor EQUUS), Custodian Agreement (Advisors' Inner Circle Fund III)

Collection Obligations. Custodian shall diligently collect income and principal of Securities which the Custodian has received actual notice in accordance with normal industry practices. However, Custodian shall be under no obligation or duty to take any action to effect collection of any amount if the Securities upon which such amount is payable is in default, or if payment is refused after due demand. Custodian shall notify Principal and Manager promptly of such default or refusal to pay. Custodian shall have no duty to file or pursue any bankruptcy or class action claims with respect to Account, unless indemnified by Principal in manner and amount satisfactory to Custodian provided, provided however, unless Principal directs otherwise, Custodian will use its best efforts to file claims in class actions and pay any recovery to account, net of CustodianBank’s fees as disclosed in the fee schedule.

Appears in 3 contracts

Samples: Custodian Agreement (Encompass Funds), Custodian Agreement (Americafirst Quantitative Funds), Custodian Agreement (Arrow Investments Trust)

Collection Obligations. Custodian shall diligently collect income and principal of Securities for which the Custodian has received actual notice in accordance with normal industry practices. However, Custodian shall be under no obligation or duty to take any action to effect collection of any amount if the Securities upon which such amount is payable is in default, or if payment is refused after due demand. Custodian shall notify Principal and Manager promptly of such default or refusal to pay. Custodian shall have no duty to file or pursue any bankruptcy or class action claims with respect to Account, unless indemnified by Principal in manner and amount satisfactory to Custodian provided, however, unless Principal directs otherwise, Custodian will use its best efforts to file claims in class actions and pay any recovery to account, net of CustodianBank’s fees as disclosed in the fee schedule.

Appears in 1 contract

Samples: Global Custody Agreement (Resource Real Estate Diversified Income Fund)

Collection Obligations. Custodian shall diligently collect income and principal of Securities which the Custodian has received actual notice in accordance with normal industry practices. However, Custodian shall be under no obligation or duty to take any action to effect collection of any amount if the Securities upon which such amount is payable is in default, or if payment is refused after due demand. Custodian shall notify Principal and Manager promptly of such default or refusal to pay. Custodian shall have no duty to file or pursue any bankruptcy or class action claims with respect to Account, unless indemnified by Principal in manner and amount satisfactory to Custodian Custodian; provided, however, unless Principal directs otherwiseotherwise in writing, Custodian will use its best efforts to file claims in class actions and pay any recovery to account, net of Custodian’s Bank's fees as disclosed in the fee schedule.

Appears in 1 contract

Samples: Custodian Agreement (Sound Shore Fund Inc)

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Collection Obligations. Custodian shall diligently collect income and principal of Securities which the Custodian has received actual notice in accordance with normal industry practices. However, Custodian shall be under no obligation or duty to take any action to effect collection of any amount if the Securities upon which such amount is payable is in default, default or if payment is refused after due demand. Custodian shall notify Principal Trust and Manager promptly of such default or refusal to pay. Custodian shall have no duty to file or pursue any bankruptcy or class action claims with respect to Account, unless indemnified by Principal Trust in manner and amount satisfactory to Custodian provided, provided however, unless Principal Trust directs otherwise, Custodian will use its best efforts to file claims in class actions and pay any recovery to account, account net of CustodianBank’s fees as disclosed in the fee schedule.

Appears in 1 contract

Samples: Custodian Agreement (Tilson Investment Trust)

Collection Obligations. Custodian shall diligently collect income and principal of Securities which the Custodian has received actual notice in accordance with normal industry practices. However, Custodian shall be under no obligation or duty to take any action to effect collection of any amount if the Securities upon which such amount is payable is in default, or if payment is refused after due demand. Custodian shall notify Principal and Manager promptly of such default or refusal to pay. Custodian shall have no duty to file or pursue any bankruptcy or class action claims with respect to Account, unless indemnified by Principal in manner and amount satisfactory to Custodian provided, however, unless Principal directs otherwise, Custodian will use its best efforts to file claims in class actions and pay any recovery to account, net of Custodian’s fees as disclosed in the fee schedule.

Appears in 1 contract

Samples: Custodian Agreement (Frost Family of Funds)

Collection Obligations. Custodian shall diligently collect income and principal of Securities which the Custodian has received actual notice in accordance with normal industry practices. However, Custodian shall be under no obligation or duty to take any action to effect collection of any amount if the Securities upon which such amount is payable is in default, or if payment is refused after due demand. Custodian shall notify Principal and Manager promptly of such default or refusal to pay. Custodian shall have no duty to file or pursue any bankruptcy or class action claims with respect to Account, unless indemnified by Principal in manner and amount satisfactory to Custodian provided, however, unless Principal directs otherwise, Custodian will use its best efforts to file claims in class actions and pay any recovery to account, net of CustodianBank’s fees as disclosed in the fee schedule.. c Union Bank, N.A. (2013_1107) Page6 of 13

Appears in 1 contract

Samples: Custodian Agreement (Realty Capital Income Funds Trust)

Collection Obligations. Custodian shall diligently collect income and principal of Securities which the Custodian has received actual notice in accordance with normal industry practices. However, Custodian shall be under no obligation or duty to take any action to effect collection of any amount if the Securities upon which such amount is payable is in default, or if payment is refused after due demand. Custodian shall notify Principal and Manager promptly of such default or refusal to pay. Custodian shall have no duty to file or pursue any bankruptcy or class action claims with respect to Account, unless indemnified by Principal in manner and amount satisfactory to Custodian provided, however, unless Principal directs otherwise, Custodian will use its best efforts to file claims in class actions and pay any recovery to accountAccount, net of Custodian’s fees as disclosed in the fee schedule.

Appears in 1 contract

Samples: Global Custody Agreement (CC Real Estate Income Fund-T2)

Collection Obligations. Custodian shall diligently collect income and principal of Securities which Custodian has received actual notice in accordance with normal industry practices. However, Custodian shall be under no obligation or duty to take any action to effect collection of any amount if the Securities upon which such amount is payable is in default, or if payment is refused after af ter due demand. Custodian shall notify Principal and Manager promptly of such default def xxxx or refusal to pay. Custodian shall have no duty to file or pursue any bankruptcy or class action claims with respect to Account, unless indemnified by Principal in manner and amount satisfactory to Custodian provided, however, unless Principal directs otherwise, Custodian will use its best efforts to file claims in class actions and pay any recovery to account, net of Custodian’s fees as disclosed in the fee f ee schedule.

Appears in 1 contract

Samples: Custody Agreement

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