Common use of Collection of Income and Other Payments Clause in Contracts

Collection of Income and Other Payments. Chase shall: (i) collect and receive on a timely basis for the account of the Fund, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the Fund, and promptly advise the Fund of such receipt and shall credit such income, as collected, to the Fund. From time to time, Chase may elect, but shall not be obligated, to credit the account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving same from a payor, central depository, broker or other agent employed by the Fund or Chase. Any such crediting and posting shall be at the Fund's sole risk, and Chase shall be authorized to reverse any such advance posting in the event it does not receive good funds from any such payor, central depository, broker or agent of the Customer. Chase agrees to promptly notify the Fund of the reversal of any such advance posting; (ii) endorse and deposit for collection in the name of the Fund, checks, drafts, or other orders for the payment of money on the same day as received; (iii) receive and hold for the account of the Fund all securities received by the Fund as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities of the Fund held by Chase hereunder; (iv) present for payment and collect the amount payable upon all securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities become payable; (v) take any action which may be necessary and proper in connection with the collection and receipt of such income and other payments and the endorsement for collection of checks, drafts and other negotiable instruments; and (vi) to effect an exchange of the securities where the par value is changed, and to surrender securities at maturity or upon an earlier call for redemption, or when securities otherwise become payable, against payment therefore in accordance with accepted industry practice. If any Property registered in the name of a nominee of Chase is called for partial redemption by the issuer of such property, Chase is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase in its sole discretion.

Appears in 31 contracts

Samples: Custody Agreement (Nuveen New Jersey Dividend Advantage Municipal Fund), Custody Agreement (Nuveen Insured California Dividend Advantage Municipal Fund), Custody Agreement (Nuveen Ohio Dividend Advantage Municipal Fund 2)

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Collection of Income and Other Payments. Chase shallCustodian shall subject to Paragraph 28(f) hereof: (i) collect Collect and receive on a timely basis for the account of the any Fund, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the any Fund, and promptly advise the Fund Trust of such receipt and shall credit such income, as collected, to such Fund of the FundTrust. From time to time, Chase Custodian may elect, but shall not be so obligated, to credit the account with interest, dividends or principal payments on the payable or contractual settlement date, in anticipation of receiving same from a payor, central depository, Securities Depository, broker or other agent employed by the Fund Trust or ChaseCustodian. Any such crediting and posting shall be at the FundTrust's sole risk, and Chase Custodian shall be authorized to reverse (A) any such advance posting in the event it does not receive good funds from any such payor, central depository, Securities Depository, broker or agent of agent, and (B) any other payment or crediting, including, without limitation, payments made by check or draft, in the Customer. Chase agrees to promptly notify the Fund of the reversal of any such advance postingevent it does not receive good funds or final payment; (ii) endorse With respect to securities of foreign issue, and subject to Paragraph 27 hereof, effect collection of dividends, interest and other income, and to promptly transmit to the Trust all reports, written information or notices actually received by Custodian as Custodian, including notices of any call for redemption, offer of exchange, right of subscription, reorganization, or other proceedings affecting such securities, or any default in payments due thereon. It is understood, however, that Custodian shall be under no responsibility for any failure or delay in effecting such collections or giving such notice with respect to securities of foreign issue, regardless of whether or not the relevant information is published in any financial service available to it unless such failure or delay is due to Custodian's own negligence. Collections of income in foreign currency are, to the extent possible, to be converted into United States dollars unless otherwise instructed in writing, and in effecting such conversion Custodian may use such methods or agencies as it may see fit, including the facilities of its own foreign division at customary rates. All risk and expenses incident to such collection and conversion are for the account of the Funds and Custodian shall have no responsibility for fluctuations in exchange rates affecting any such conversions; (iii) Endorse and deposit for collection in the name of the FundTrust and each of its Funds, checks, drafts, or other orders for the payment of money on the same day as received; (iiiiv) receive Receive and hold for the account of each of the Fund all Fund's securities received by the Fund Funds as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities of the Fund Funds held by Chase Custodian hereunder; (ivv) present Present for payment and collect the amount payable upon all securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities become payable, but, with respect to calls, early redemptions, or early retirements, only if Custodian either: (i) receives a written notice of the same, or (ii) notice of the same appears in one or more of the publications then listed in Appendix A hereto, which Appendix may be amended to add other publications at any time by Custodian without prior notice to or consent from the Trust and which may be amended to delete a publication with the prior notice and consent from the Trust; (vvi) Subject to Paragraphs 28(e) and (f) hereof, take any action which may be necessary and proper in connection with the collection and receipt of such income and other payments and the endorsement for collection of checks, drafts and other negotiable instrumentsinstructions; and (vivii) With respect to domestic securities, to exchange securities in temporary form for securities in definitive form, to effect an exchange of the securities shares where the par value of stock is changed, and to surrender securities at maturity or upon when advised by the Trust or the investment adviser to the Trust of an earlier call for redemption, or when securities otherwise become payable, against payment therefore therefor in accordance with accepted industry practice. When fractional shares of stock of a declaring corporation are received as a stock distribution, Custodian is authorized to sell the fraction received and credit the Trust's account. Unless specifically instructed to the contrary in writing, Custodian is authorized to exchange securities in bearer form for securities in registered form. If any Property registered in the name of a nominee of Chase Custodian is called for partial redemption by the issuer of such propertyProperty, Chase Custodian is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase Custodian in its sole reasonable discretion.

Appears in 14 contracts

Samples: Custody Agreement (Nations Fund Trust), Custody Agreement (Nations Funds Trust), Custody Agreement (Nations Funds Trust)

Collection of Income and Other Payments. Chase U.S. Trust shall: (i) collect and receive on a timely basis for the account of the Fund, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the Fund, and promptly advise the Fund of such receipt and shall credit such income, as collected, to the Fund. From time to time, Chase U.S. Trust may elect, but shall not be obligated, to credit the account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving same from a payor, central depository, broker or other agent employed by the Fund or ChaseU.S. Trust. Any such crediting and posting shall be at the Fund's sole risk, and Chase U.S. Trust shall be authorized to reverse any such advance posting in the event it does not receive good funds from any such payor, central depository, broker or agent of the Customer. Chase U.S. Trust agrees to promptly notify the Fund of the reversal of any such advance posting;. (ii) endorse and deposit for collection in the name of the Fund, checks, drafts, or other orders for the payment of money on the same day as received; (iii) receive and hold for the account of the Fund all securities received by the Fund as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities of the Fund held by Chase U.S. Trust hereunder; (iv) present for payment and collect the amount payable upon all securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities become payable; (v) take any action which may be necessary and proper in connection with the collection and receipt of such income and other payments and the endorsement for collection of checks, drafts and other negotiable instruments; and; (vi) to effect an exchange of the securities where the par value is changed, and to surrender securities at maturity or upon an earlier call for redemption, or when securities otherwise become payable, against payment therefore in accordance with accepted industry practice. If any Property registered in the name of a nominee of Chase U.S. Trust is called for partial redemption by the issuer of such property, Chase U.S. Trust is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase U.S. Trust in its sole discretion.

Appears in 14 contracts

Samples: Mutual Fund Custody Agreement (Nuveen California Investment Quality Municipal Fund Inc), Custody Agreement (Nuveen Premium Income Municipal Fund 4 Inc), Mutual Fund Custody Agreement (Nuveen California Performance Plus Municipal Fund Inc)

Collection of Income and Other Payments. Chase Wachovia shall: (i) i. collect and receive on a timely basis for the account of the Fund, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the Fund, and promptly advise the Fund of such the receipt and shall credit such the income, as collected, to the Fund. Without limiting the generality of the foregoing, Wachovia shall detach and present for payment all coupons and other income items requiring presentation as and when they become due and shall collect interest when due on Securities held hereunder. Income due the Fund on Securities loaned pursuant to the provisions of Paragraph 14 shall be the responsibility of the Fund. Wachovia will have no duty or responsibility in connection therewith, other than to provide the Fund with information or data as may be necessary to assist the Fund in arranging for the timely delivery to Wachovia of the income to which the Fund is properly entitled. From time to time, Chase Wachovia may elect, but shall not be so obligated, to credit the account Account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving the same from a payor, central depository, broker or other agent employed by the Fund or ChaseWachovia employs. Any such crediting and posting shall be at the Fund's ’s sole risk, and Chase Wachovia shall be authorized to reverse any such advance posting in the event it Wachovia does not receive good funds from any such payor, central depository, broker or agent of the Customer. Chase agrees to promptly notify the Fund of the reversal of any such advance postingFund; (ii) . endorse and deposit for collection in the name of the Fund, checks, drafts, or other orders for the payment of money on the same day as received; (iii) . receive and hold for the account of the Fund all securities received by Securities the Fund receives as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities Securities of the Fund held by Chase Wachovia holds hereunder; (iv) . present for payment and collect the amount payable upon all securities Securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities the Securities become payable; (v) v. take any action which may be necessary and proper in connection with the collection and receipt of such the income and other payments and the endorsement for collection of checks, drafts and other negotiable instruments; and; (vi) to . effect an exchange of the securities shares where the par value of stock is changed, and to surrender securities Securities at maturity or upon when advised of an earlier call for redemption, redemption or when securities Securities otherwise become payableavailable, against payment therefore in accordance with accepted industry practice. The Fund understands that Wachovia subscribes to one or more nationally recognized services that provide information on calls for redemption of bonds or other corporate actions. Wachovia shall have no duty to notify the Fund of any rights, duties, limitations, conditions or other information set forth in any Security (including mandatory or optional put, call and similar provisions), but Wachovia shall forward to the Fund any notices or other documents subsequently received in regard to any security. When fractional shares of stock of a declaring corporation are received as a stock distribution, unless specifically instructed to the contrary in writing, Wachovia is authorized to sell the fraction received and credit the Fund’s account. Unless specifically instructed to the contrary in writing, Wachovia is authorized to exchange Securities in bearer form for Securities in registered form. If any the Fund owns Property that is registered in the name of a nominee of Chase is called for partial redemption by Wachovia and the issuer of any such propertyProperty calls the Property for partial redemption, Chase Wachovia is authorized to allot the called portion to the respective beneficial holders of the Property in such a manner deemed to be it deems fair and equitable by Chase in its sole discretion; vii. forward promptly to the Fund copies of all information or documents that it may receive from an issuer of Securities which, in the opinion of Wachovia , are intended for the Fund as the beneficial owner of Securities; and viii. execute, as Wachovia , any certificates of ownership, affidavits, declarations or other certificates for all foreign governments, federal and state tax purposes in connection with the collection or receipt of income, bond and note coupons, or other payments from Securities or in connection with transfers of Securities.

Appears in 7 contracts

Samples: Mutual Fund Custody Agreement (Sei Institutional Investments Trust), Mutual Fund Custody Agreement (Sei Liquid Asset Trust), Mutual Fund Custody Agreement (Sei Asset Allocation Trust)

Collection of Income and Other Payments. Chase Wachovia shall:: --------------------------------------- (i) collect i. Collect and receive on a timely basis for the account of the FundCustomer, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the FundCustomer, and promptly advise Customer of the Fund of such receipt and shall credit such the income, as collected, to Customer. Wachovia shall promptly advise Customer of any such amounts due but not paid. Without limiting the Fundgenerality of the foregoing, Wachovia shall detach and present for payment all coupons and other income items requiring presentation as and when they become due and shall collect interest when due on Securities held hereunder. From time Any income due Customer on Securities loaned pursuant to time, Chase may elect, but the provisions of Paragraph 13 that is credited to Wachovia for the benefit of Customer shall not be obligatedcredited by Wachovia to Customer's account. Wachovia shall, to the extent practicable, credit the account Account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving the same from a payor, central depositorySecurities Depository, broker or other agent employed by the Fund Customer or ChaseWachovia employs. Any such crediting and posting shall be at the FundCustomer's sole risk, and Chase Wachovia shall be authorized to reverse any such advance posting in the event it Wachovia does not receive good funds from any such payor, central depositorySecurities Depository, broker or agent of the Customer. Chase agrees Wachovia shall (where practical, in its discretion) provide Customer with advance notice of two Business Days prior to promptly notify the Fund of the reversal of any such advance postingreversal; (ii) endorse . Endorse and deposit for collection in the name of the FundCustomer, checks, drafts, or other orders for the payment of money on the same day as received; (iii) receive and hold for the account of the Fund all securities received by the Fund as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities of the Fund held by Chase hereunder; (iv) present . Present for payment and collect the amount payable upon all securities Securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities the Securities become payable, promptly deposit or withdraw such proceeds as designated therein and promptly advise Customer of any such amounts due but not paid; (v) take iv. Take any action which may be necessary and proper in connection with the collection and receipt of such the income and other payments and the endorsement for collection of checks, drafts and other negotiable instruments; and; (vi) to effect v. Effect an exchange of the securities shares where the par value of stock is changed, and to surrender securities Securities at maturity or upon when advised of an earlier call for redemption, redemption or when securities Securities otherwise become payableavailable, against payment therefore therefor in accordance with accepted industry practice. Customer understands that Wachovia subscribes to one or more nationally recognized services that provide information on calls for redemption of bonds or other corporate actions. Wachovia shall transmit promptly to Customer written information with respect to materials received by Wachovia (or its agent) via Eligible Foreign Custodians from issuers of the foreign securities being held for Customer. Wachovia will use reasonable care in facilitating the exercise of voting and other shareholder rights by Customer, subject always to the laws, regulations and practical constraints that may exist in the country where such securities are issued. Customer acknowledges that local conditions may have the effect of severely limiting the ability of Customer to exercise shareholder rights. Subject to the foregoing acknowledgement and the standard of care to which Wachovia is held under this Agreement, Wachovia shall not be liable for any untimely exercise of any tender, exchange or other right or power in connection with foreign securities or other property of Customer at any time held by it unless Wachovia receives Proper Instructions from Customer with regard to the exercise of any such right or power before the date on which Wachovia is to take action to exercise such right or power. vi. Wachovia shall notify Customer of any rights, duties, limitations, conditions or other information set forth in any Security (including mandatory or optional put, call and similar provisions), and of the date or dates by which such rights must be exercised or such action must be taken, provided that Wachovia has actually received, from the issuer or the relevant Securities Depository, or from the relevant Eligible Foreign Custodian or Eligible Securities Depository, or a nationally or internationally recognized bond or corporate action service to which Wachovia subscribes (each a "Notice Provider"), timely notice in regard to the Securities (a "Notice"). Wachovia shall use due diligence in attempting to receive complete and accurate information, and shall use reasonable care in forwarding information to Customer. vii. When fractional shares of stock of a declaring corporation are received as a stock distribution, unless specifically instructed to the contrary in writing, Wachovia is authorized to sell the fraction received and credit Customer's account. Unless specifically instructed to the contrary in writing, Wachovia is authorized to exchange Securities in bearer form for Securities in registered form. If any Customer owns Property that is registered in the name of a nominee of Chase is called for partial redemption by Wachovia and the issuer of any such propertyProperty calls the Property for partial redemption, Chase Wachovia is authorized to allot the called portion to the respective beneficial holders of the Property in such a manner deemed to be it deems fair and equitable by Chase in its sole discretion; viii. Forward to Customer copies of all information or documents that it may receive from an issuer of Securities which, in the opinion of Wachovia, are intended for Customer as the beneficial owner of Securities; and ix. Execute, as custodian, any certificates of ownership, affidavits, declarations or other certificates in connection with the collection or receipt of income, bond and note coupons, or other payments from Securities or in connection with transfers of Securities.

Appears in 6 contracts

Samples: Mutual Fund Custody Agreement (Vanguard Star Funds), Mutual Fund Custody Agreement (Vanguard Ohio Tax-Free Funds), Mutual Fund Custody Agreement (Vanguard Institutional Index Fund)

Collection of Income and Other Payments. Chase shallCustodian shall subject to Paragraph 28(f) hereof: (i) collect Collect and receive on a timely basis for the account of the Fundany Portfolio, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the Fundany Portfolio, and promptly advise the Fund Trust of such receipt and shall credit such income, as collected, to such Portfolio of the FundTrust. From time to time, Chase Custodian may elect, but shall not be so obligated, to credit the account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving same from a payor, central depository, Securities Depository, broker or other agent employed by the Fund Trust or ChaseCustodian. Any such crediting and posting shall be at the FundTrust's sole risk, and Chase Custodian shall be authorized to reverse (A) any such advance posting in the event it does not receive good funds from any such payor, central depository, Securities Depository, broker or agent of agent, and (B) any other payment or crediting, including, without limitation, payments made by check or draft, in the Customer. Chase agrees to promptly notify the Fund of the reversal of any such advance postingevent it does not receive good funds or final payment; (ii) endorse With respect to securities of foreign issue, and subject to Paragraph 27 hereof, effect collection of dividends, interest and other income, and to promptly transmit to the Trust all reports, written information or notices actually received by Custodian as Custodian, including notices of any call for redemption, offer of exchange, right of subscription, reorganization, or other proceedings affecting such securities, or any default in payments due thereon. It is understood, however, that Custodian shall be under no responsibility for any failure or delay in effecting such collections or giving such notice with respect to securities of foreign issue, regardless of whether or not the relevant information is published in any financial service available to it unless such failure or delay is due to Custodian's own negligence. Collections of income in foreign currency are, to the extent possible, to be converted into United States dollars unless otherwise instructed in writing, and in effecting such conversion Custodian may use such methods or agencies as it may see fit, including the facilities of its own foreign division at customary rates. All risk and expenses incident to such collection and conversion are for the account of the Portfolios and Custodian shall have no responsibility for fluctuations in exchange rates affecting any such conversions; (iii) Endorse and deposit for collection in the name of the FundTrust and each of its Portfolios, checks, drafts, or other orders for the payment of money on the same day as received; (iiiiv) receive Receive and hold for the account of each of the Fund all Portfolio's securities received by the Fund Portfolios as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities of the Fund Portfolios held by Chase Custodian hereunder; (ivv) present Present for payment and collect the amount payable upon all securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities become payable, but, with respect to calls, early redemptions, or early retirements, only if Custodian either: (i) receives a written notice of the same, or (ii) notice of the same appears in one or more of the publications then listed in Appendix A hereto, which Appendix may be amended to add other publications at any time by Custodian without prior notice to or consent from the Trust and which may be amended to delete a publication with the prior notice and consent from the Trust; (vvi) Subject to Paragraphs 28(e) and (f) hereof, take any action which may be necessary and proper in connection with the collection and receipt of such income and other payments and the endorsement for collection of checks, drafts and other negotiable instrumentsinstructions; and (vivii) With respect to domestic securities, to exchange securities in temporary form for securities in definitive form, to effect an exchange of the securities shares where the par value of stock is changed, and to surrender securities at maturity or upon when advised by the Trust or the investment adviser to the Trust of an earlier call for redemption, or when securities otherwise become payable, against payment therefore therefor in accordance with accepted industry practice. When fractional shares of stock of a declaring corporation are received as a stock distribution, Custodian is authorized to sell the fraction received and credit the Trust's account. Unless specifically instructed to the contrary in writing, Custodian is authorized to exchange securities in bearer form for securities in registered form. If any Property registered in the name of a nominee of Chase Custodian is called for partial redemption by the issuer of such propertyProperty, Chase Custodian is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase Custodian in its sole reasonable discretion.

Appears in 6 contracts

Samples: Custody Agreement (Nations Annuity Trust), Custody Agreement (Nations Annuity Trust), Custody Agreement (Nations Annuity Trust)

Collection of Income and Other Payments. Chase shall:(a) Custodian shall receive in the Account any money or property, including without limitation any dividends, payments of principal or other distributions or payments, on account of securities in the Account. Custodian shall not, however, be required to enforce collection, by legal means or otherwise, of any such money or other property not paid when due, but shall receive the proceeds of such collections as may be effected by it or its agents in the ordinary course of its custody and safekeeping business. (ib) collect and receive on Custodian shall not be liable for, or considered to be custodian of, any cash belonging to Custodian or any money represented by a timely basis check, draft or other instrument for the account payment of the Fundmoney, all income until Custodian or its agents actually receive such cash or collect on such instrument. (c) In its sole discretion and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the Fund, and promptly advise the Fund of such receipt and shall credit such income, as collected, to the Fund. From from time to time, Chase Custodian may elect, but shall not be obligated, to credit the account Custody Account, prior to actual receipt of final payment thereof, with interest(A) proceeds from the sale of securities in the Custody Account which it has been instructed to deliver against payment, dividends (B) proceeds from the redemption of securities or principal payments on payable other assets in such Custody Account, and (C) income from cash, securities or contractual settlement dateother assets in the Custody Account. Any such credit shall be conditional upon actual receipt by Custodian of final payment and may be reversed if final payment is not actually received in full. Custodian may, in its sole discretion and from time to time, permit the Company to use funds so credited to the Account in anticipation of receiving same from a payor, central depository, broker or other agent employed by the Fund or Chaseactual receipt of final payment. Any such crediting funds so used shall bear interest at such rate as Custodian and posting the Company may agree, shall be repayable immediately upon demand made by Custodian at any time prior to the Fund's sole riskactual receipt by it of all final payments in anticipation of which funds were credited to the Account, and Chase shall be authorized to reverse any such constitute an advance posting that is fully secured as provided in the event it does not receive good funds from any such payor, central depository, broker or agent of the Customer. Chase agrees to promptly notify the Fund of the reversal of any such advance posting;Section 9.3 below. (iid) endorse For purposes of this Agreement, "final payment" means payment in funds which are (or have become) immediately available, under applicable law are irreversible, and deposit for collection in the name of the Fundare not subject to any security interest, checksxxxx, drafts, xxxx or other orders for the payment of money on the same day as received; (iii) receive and hold for the account of the Fund all securities received by the Fund as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities of the Fund held by Chase hereunder; (iv) present for payment and collect the amount payable upon all securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities become payable; (v) take any action which may be necessary and proper in connection with the collection and receipt of such income and other payments and the endorsement for collection of checks, drafts and other negotiable instruments; and (vi) to effect an exchange of the securities where the par value is changed, and to surrender securities at maturity or upon an earlier call for redemption, or when securities otherwise become payable, against payment therefore in accordance with accepted industry practice. If any Property registered in the name of a nominee of Chase is called for partial redemption by the issuer of such property, Chase is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase in its sole discretionencumbrance.

Appears in 4 contracts

Samples: Custody Agreement (Cornerstone Progressive Return Fund), Custody Agreement (Cornerstone Strategic Value Fund Inc/ New), Custody Agreement (Cornerstone Strategic Value Fund Inc/ New)

Collection of Income and Other Payments. Chase shallCustodian shall subject --------------------------------------- to Paragraph 28(f) hereof: (i) collect Collect and receive on a timely basis for the account of the any Fund, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the any Fund, and promptly advise the Fund Trust of such receipt and shall credit such income, as collected, to such Fund of the FundTrust. From time to time, Chase Custodian may elect, but shall not be so obligated, to credit the account with interest, dividends or principal payments on the payable or contractual settlement date, in anticipation of receiving same from a payor, central depository, Securities Depository, broker or other agent employed by the Fund Trust or ChaseCustodian. Any such crediting and posting shall be at the FundTrust's sole risk, and Chase Custodian shall be authorized to reverse (A) any such advance posting in the event it does not receive good funds from any such payor, central depository, Securities Depository, broker or agent of agent, and (B) any other payment or crediting, including, without limitation, payments made by check or draft, in the Customer. Chase agrees to promptly notify the Fund of the reversal of any such advance postingevent it does not receive good funds or final payment; (ii) endorse With respect to securities of foreign issue, and subject to Paragraph 27 hereof, effect collection of dividends, interest and other income, and to promptly transmit to the Trust all reports, written information or notices actually received by Custodian as Custodian, including notices of any call for redemption, offer of exchange, right of subscription, reorganization, or other proceedings affecting such securities, or any default in payments due thereon. It is understood, however, that Custodian shall be under no responsibility for any failure or delay in effecting such collections or giving such notice with respect to securities of foreign issue, regardless of whether or not the relevant information is published in any financial service available to it unless such failure or delay is due to Custodian's own negligence. Collections of income in foreign currency are, to the extent possible, to be converted into United States dollars unless otherwise instructed in writing, and in effecting such conversion Custodian may use such methods or agencies as it may see fit, including the facilities of its own foreign division at customary rates. All risk and expenses incident to such collection and conversion are for the account of the Funds and Custodian shall have no responsibility for fluctuations in exchange rates affecting any such conversions; (iii) Endorse and deposit for collection in the name of the FundTrust and each of its Funds, checks, drafts, or other orders for the payment of money on the same day as received; (iiiiv) receive Receive and hold for the account of each of the Fund all Fund's securities received by the Fund Funds as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities of the Fund Funds held by Chase Custodian hereunder; (ivv) present Present for payment and collect the amount payable upon all securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities become payable, but, with respect to calls, early redemptions, or early retirements, only if Custodian either: (i) receives a written notice of the same, or (ii) notice of the same appears in one or more of the publications then listed in Appendix A hereto, which Appendix may be amended to add other publications at any time by Custodian without prior notice to or consent from the Trust and which may be amended to delete a publication with the prior notice and consent from the Trust; (vvi) Subject to Paragraphs 28(e) and (f) hereof, take any action which may be necessary and proper in connection with the collection and receipt of such income and other payments and the endorsement for collection of checks, drafts and other negotiable instrumentsinstructions; and (vivii) With respect to domestic securities, to exchange securities in temporary form for securities in definitive form, to effect an exchange of the securities shares where the par value of stock is changed, and to surrender securities at maturity or upon when advised by the Trust or the investment adviser to the Trust of an earlier call for redemption, or when securities otherwise become payable, against payment therefore therefor in accordance with accepted industry practice. When fractional shares of stock of a declaring corporation are received as a stock distribution, Custodian is authorized to sell the fraction received and credit the Trust's account. Unless specifically instructed to the contrary in writing, Custodian is authorized to exchange securities in bearer form for securities in registered form. If any Property registered in the name of a nominee of Chase Custodian is called for partial redemption by the issuer of such propertyProperty, Chase Custodian is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase Custodian in its sole reasonable discretion.

Appears in 4 contracts

Samples: Custody Agreement (Nations Funds Trust), Custody Agreement (Nations Funds Trust), Custody Agreement (Nations Funds Trust)

Collection of Income and Other Payments. Chase The Custodian shall: (i) collect and receive on a timely basis for the account of the FundTrust, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the FundTrust, and promptly advise the Fund Trust of such receipt and shall credit such income, as collected, to the FundTrust. From time to time, Chase the Custodian may electelect to credit, but shall not be so obligated, to credit the account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving same from a payor, central depository, broker or other agent employed by the Fund Trust or Chasethe Custodian. Any such crediting and posting shall be at the FundTrust's sole risk, and Chase the Custodian shall be authorized to reverse any such advance posting after making every reasonable attempt to collect, in the event it does not receive good funds from any such payor, central depository, broker or agent of the Customer. Chase agrees to promptly notify the Fund of the reversal of any such advance posting;. (ii) with respect to securities of foreign issue, effect collection of dividends, interest and other income, and to notify the Trust of any call for redemption, offer of exchange, right of subscription, reorganization, or other proceedings materially affecting such securities, or any default in payments due thereon. It is understood, however, that the Custodian shall be under no responsibility for any failure or dealing in effecting such collections or giving such notice with respect to securities of foreign issue, regardless of whether or not the relevant information is published in any financial service available to it unless such failure or delay is due to its negligence or willful misconduct; however, this sub-paragraph (ii) shall not be construed as creating any such responsibility with respect to securities of non-foreign issue. Collections of income in foreign currency are, to the extent possible, to be converted into United States dollars unless otherwise instructed by Proper Instructions, and in effecting such conversion the Custodian may use such methods or agencies as it may see fit. All risk and expenses incident to such collection and conversion is for the account of the Trust and the Custodian shall have no responsibility for fluctuations in exchange rates affecting any such conversion. (iii) endorse and deposit for collection in the name of the FundTrust, checks, drafts, or other orders for the payment of money on the same day as received; (iiiiv) receive and hold for the account of the Fund Trust all securities received by the Fund Trust as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities of the Fund Trust held by Chase the Custodian hereunder; (ivv) present for payment and collect the amount payable upon all securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities become payable; (vvi) take any action which in the opinion of the Custodian may be necessary and proper in connection with the collection and receipt of such income and other payments and the endorsement endorsements for collection of checks, drafts and other negotiable instruments; and; (vivii) with respect to domestic securities, to exchange securities in temporary form for securities in definitive form, to effect an exchange of the securities shares where the par value of stock is changed, and to surrender securities at maturity or upon an when advised of earlier call for redemption, or when securities otherwise become payable, against payment therefore therefor in accordance with accepted industry practice. The Trust understands that the Custodian subscribes to one or more nationally recognized services that provide information with respect to calls for redemption of bonds or other corporate actions. The Custodian shall not be liable for failure to redeem any called bond or take other action if notice of such call or action was not provided by any service to which it subscribes provided that the Custodian shall have acted in good faith without negligence or willful misconduct. The Custodian shall have no duty to notify the Trust of any rights, duties, limitations, conditions or other information set forth in any security (including mandatory or optional put, call and similar provisions), but the Custodian shall forward to the Trust or the appropriate Investment Adviser any notices or other documents subsequently received in regard to any such security. When fractional shares of stock of a declaring corporation are received as a stock distribution, unless specifically instructed to the contrary in writing, the Custodian is authorized to sell the fraction received and credit the Trust's account. Unless specifically instructed to the contrary in writing, the Custodian is authorized to exchange securities in bearer form for securities in registered form. If any Property registered in the name of a nominee of Chase the Custodian is called for partial redemption by the issuer issue of such propertyProperty, Chase the Custodian is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase the Custodian in its sole discretion.

Appears in 4 contracts

Samples: Mutual Fund Custody Agreement (Victory Portfolios), Mutual Fund Custody Agreement (Victory Portfolios), Mutual Fund Custody Agreement (Victory Portfolios)

Collection of Income and Other Payments. Chase U.S. Trust shall: (i) collect and receive on a timely basis for the account of the Fund, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the Fund, and promptly advise the Fund of such receipt and shall credit such income, as collected, to the Fund. From time to time, Chase U.S. Trust may elect, but shall not be obligated, to credit the account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving same from a payor, central depository, broker or other agent employed by the Fund or ChaseU.S. Trust. Any such crediting and posting shall be at the Fund's sole risk, and Chase U.S. Trust shall be authorized to reverse any such advance posting in the event it does not receive good funds from any such payor, central depository, broker or agent of the Customer. Chase U.S. Trust agrees to promptly notify the Fund of the reversal of any such advance posting;. (ii) endorse and deposit for collection in the name of the Fund, checks, drafts, or other orders for the payment of money on the same day as received; (iii) receive and hold for the account of the Fund all securities received by the Fund as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities of the Fund held by Chase U.S. Trust hereunder; (iv) present for payment and collect the amount payable upon all securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities become payable; (v) take any action which may be necessary and proper in connection with the collection and receipt of such income and other payments and the endorsement for collection of checks, drafts and other negotiable instruments; and (vi) to effect an exchange of the securities where the par value is changed, and to surrender securities at maturity or upon an earlier call for redemption, or when securities otherwise become payable, against payment therefore in accordance with accepted industry practice. If any Property registered in the name of a nominee of Chase U.S. Trust is called for partial redemption by the issuer of such property, Chase U.S. Trust is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase U.S. Trust in its sole discretion.

Appears in 3 contracts

Samples: Custody Agreement (Nuveen New York Performance Plus Municipal Fund Inc), Mutual Fund Custody Agreement (Nuveen New York Investment Quality Municipal Fund Inc), Custody Agreement (Nuveen New York Select Quality Municipal Fund Inc)

Collection of Income and Other Payments. The Chase Manhattan Bank --------------------------------------- shall: (i) collect and receive on a timely basis for the account of the Fund, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the Fund, and promptly advise the Fund of such receipt and shall credit such income, as collected, to the Fund. From time to time, The Chase Manhattan Bank may elect, but shall not be obligated, to credit the account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving same from a payor, central depository, broker or other agent employed by the Fund or ChaseThe Chase Manhattan Bank. Any such crediting and posting shall be at the Fund's sole risk, and The Chase Manhattan Bank shall be authorized to reverse any such advance posting in the event it does not receive good funds from any such payor, central depository, broker or agent of the Customer. The Chase Manhattan Bank agrees to promptly notify the Fund of the reversal of any such advance posting;. (ii) endorse and deposit for collection in the name of the Fund, checks, drafts, or other orders for the payment of money on the same day as received; (iii) receive and hold for the account of the Fund all securities received by the Fund as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities of the Fund held by The Chase Manhattan Bank hereunder; (iv) present for payment and collect the amount payable upon all securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities become payable; (v) take any action which may be necessary and proper in connection with the collection and receipt of such income and other payments and the endorsement for collection of checks, drafts and other negotiable instruments; and; (vi) to effect an exchange of the securities where the par value is changed, and to surrender securities at maturity or upon an earlier call for redemption, or when securities otherwise become payable, against payment therefore in accordance with accepted industry practice. If any Property registered in the name of a nominee of The Chase Manhattan Bank is called for partial redemption by the issuer of such property, The Chase Manhattan Bank is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by The Chase Manhattan Bank in its sole discretion.

Appears in 2 contracts

Samples: Custody Agreement (Nuveen Money Market Trust), Custody Agreement (Nuveen Investment Trust Iii)

Collection of Income and Other Payments. The Chase Manhattan Bank --------------------------------------- shall: (i) collect and receive on a timely basis for the account of the Fund, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the Fund, and promptly advise the Fund of such receipt and shall credit such income, as collected, to the Fund. From time to time, The Chase Manhattan Bank may elect, but shall not be obligated, to credit the account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving same from a payor, central depository, broker or other agent employed by the Fund or ChaseThe Chase Manhattan Bank. Any such crediting and posting shall be at the Fund's sole risk, and The Chase Manhattan Bank shall be authorized to reverse any such advance posting in the event it does not receive good funds from any such payor, central depository, broker or agent of the Customer. The Chase Manhattan Bank agrees to promptly notify the Fund of the reversal of any such advance posting;. (ii) endorse and deposit for collection in the name of the Fund, checks, drafts, or other orders for the payment of money on the same day as received; (iii) receive and hold for the account of the Fund all securities received by the Fund as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued 15 with respect to any portfolio securities of the Fund held by The Chase Manhattan Bank hereunder; (iv) present for payment and collect the amount payable upon all securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities become payable; (v) take any action which may be necessary and proper in connection with the collection and receipt of such income and other payments and the endorsement for collection of checks, drafts and other negotiable instruments; and; (vi) to effect an exchange of the securities where the par value is changed, and to surrender securities at maturity or upon an earlier call for redemption, or when securities otherwise become payable, against payment therefore in accordance with accepted industry practice. If any Property registered in the name of a nominee of The Chase Manhattan Bank is called for partial redemption by the issuer of such property, The Chase Manhattan Bank is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by The Chase Manhattan Bank in its sole discretion.

Appears in 2 contracts

Samples: Custody Agreement (Nuveen Investment Trust Ii), Custody Agreement (Nuveen Investment Trust Iv)

Collection of Income and Other Payments. Chase Wachovia shall: (i) i. collect and receive on a timely basis for the account of the Fund, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the Fund, and promptly advise the Fund of such the receipt and shall credit such the income, as collected, to the Fund. Without limiting the generality of the foregoing, Wachovia shall detach and present for payment all coupons and other income items requiring presentation as and when they become due and shall collect interest when due on Securities held hereunder. Income due the Fund on Securities loaned pursuant to the provisions of Paragraph 16 shall be the responsibility of the Fund. Wachovia will have no duty or responsibility in connection therewith, other than to provide the Fund with information or data as may be necessary to assist the Fund in arranging for the timely delivery to Wachovia of the income to which the Fund is properly entitled. From time to time, Chase Wachovia may elect, but shall not be so obligated, to credit the account Account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving the same from a payor, central depository, broker or other agent employed by the Fund or ChaseWachovia employs. Any such crediting and posting shall be at the Fund's sole risk, and Chase Wachovia shall be authorized to reverse any such advance posting in the event it Wachovia does not receive good funds from any such payor, central depository, broker or agent of the Customer. Chase agrees to promptly notify the Fund of the reversal of any such advance postingFund; (ii) . endorse and deposit for collection in the name of the Fund, checks, drafts, or other orders for the payment of money on the same day as received; (iii) . receive and hold for the account of the Fund all securities received by Securities the Fund receives as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities Securities of the Fund held by Chase Wachovia holds hereunder; (iv) . present for payment and collect the amount payable upon all securities Securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities the Securities become payable; (v) v. take any action which may be necessary and proper in connection with the collection and receipt of such the income and other payments and the endorsement for collection of checks, drafts and other negotiable instruments; and; (vi) to . effect an exchange of the securities shares where the par value of stock is changed, and to surrender securities Securities at maturity or upon when advised of an earlier call for redemption, redemption or when securities Securities otherwise become payableavailable, against payment therefore therefor in accordance with accepted industry practice. The Fund understands that Wachovia subscribes to one or more nationally recognized services that provide information on calls for redemption of bonds or other corporate actions. Wachovia shall transmit promptly to the Fund written information with respect to materials received by Wachovia (or its agent) via Eligible Foreign Custodians from issuers of the foreign securities being held for the Fund (such as pendency of calls and maturities of foreign securities and expirations of rights in connection therewith). With respect to tender or exchange offers on foreign securities, Wachovia shall transmit promptly to the Fund written information with respect to materials so received by Wachovia from issuers of the foreign securities whose tender or exchange is sought or from the party (or its agents) making the tender or exchange offer. Wachovia will use reasonable care in facilitating the exercise of voting and other shareholder rights by the Fund, subject always to the laws, regulations and practical constraints that may exist in the country where such securities are issued. The Fund acknowledges that local conditions, including lack of regulation, onerous procedural obligations, lack of notice and other factors may have the effect of severely limiting the ability of the Fund to exercise shareholder rights. Subject to the foregoing acknowledgement and the standard of care to which Wachovia is held under this Agreement, Wachovia shall not be liable for any untimely exercise of any tender, exchange or other right or power in connection with foreign securities or other property of the Fund at any time held by it unless Wachovia receives Proper Instructions from the Fund with regard to the exercise of any such right or power at least two New York business days before the date on which Wachovia is to take action to exercise such right or power. Wachovia shall have no duty to notify the Fund of any rights, duties, limitations, conditions or other information set forth in any Security (including mandatory or optional put, call and similar provisions), but Wachovia shall forward to the Fund any notices or other documents subsequently received in regard to any security. When fractional shares of stock of a declaring corporation are received as a stock distribution, unless specifically instructed to the contrary in writing, Wachovia is authorized to sell the fraction received and credit the Fund's account. Unless specifically instructed to the contrary in writing, Wachovia is authorized to exchange Securities in bearer form for Securities in registered form. If any the Fund owns Property that is registered in the name of a nominee of Chase is called for partial redemption by Wachovia and the issuer of any such propertyProperty calls the Property for partial redemption, Chase Wachovia is authorized to allot the called portion to the respective beneficial holders of the Property in such a manner deemed to be it deems fair and equitable by Chase in its sole discretion; vii. forward to the Fund copies of all information or documents that it may receive from an issuer of Securities which, in the opinion of Wachovia , are intended for the Fund as the beneficial owner of Securities; and viii. execute, as Wachovia , any certificates of ownership, affidavits, declarations or other certificates for all foreign governments, federal and state tax purposes in connection with the collection or receipt of income, bond and note coupons, or other payments from Securities or in connection with transfers of Securities.

Appears in 2 contracts

Samples: Mutual Fund Custody Agreement (1838 Bond Debenture Trading Fund), Mutual Fund Custody Agreement (1838 Bond Debenture Trading Fund)

Collection of Income and Other Payments. Chase shallSub-Custodian shall subject to Paragraph 28(f) hereof: (i) collect and receive on a timely basis for the account of the any Fund, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the any Fund, and promptly advise the Fund Trust and Custodian of such receipt and shall credit such income, as collected, to such Fund of the FundTrust. From time to time, Chase Sub-Custodian may elect, but shall not be so obligated, to credit the account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving same from a payor, central depository, Securities Depository, broker or other agent employed by the Fund Trust or ChaseSub-Custodian. Any such crediting and posting shall be at the FundTrust's sole risk, and Chase Sub-Custodian shall be authorized to reverse (A) any such advance posting in the event it does not receive good funds from any such payor, central depository, Securities Depository, broker or agent of agent, and (B) any other payment or crediting, including, without limitation, payments made by check or draft, in the Customer. Chase agrees to promptly notify the Fund of the reversal of any such advance posting;event it does not receive good funds or final payment. (ii) with respect to securities of foreign issue, and subject to Paragraph 27 hereof, effect collection of dividends, interest and other income, and to promptly transmit to the Trust and Custodian all reports, written information or notices actually received by Sub-Custodian as sub-custodian, including notices of any call for redemption, offer of exchange, right of subscription, reorganization, or other proceedings affecting such securities, or any default in payments due thereon. It is understood, however, that Sub-Custodian shall be under no responsibility for any failure or delay in effecting such collections or giving such notice with respect to securities of foreign issue, regardless of whether or not the relevant information is published in any financial service available to it unless such failure or delay is due to Sub-Custodian's own negligence. Collections of income in foreign currency are, to the extent possible, to be converted into United States dollars unless otherwise instructed in writing, and in effecting such conversion Sub-Custodian may use such methods or agencies as it may see fit, including the facilities of its own foreign division at customary rates. All risk and expenses incident to such collection and conversion are for the account of the Funds and Sub-Custodian shall have no responsibility for fluctuations in exchange rates affecting any such conversions. (iii) endorse and deposit for collection in the name of the FundTrust and each of its Funds, checks, drafts, or other orders for the payment of money on the same day as received; (iiiiv) receive and hold for the account of each of the Fund all Fund's securities received by the Fund Funds as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities of the Fund Funds held by Chase Sub-Custodian hereunder; (ivv) present for payment and collect the amount payable upon all securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities become payable, but, with respect to calls, early redemptions, or early retirements, only if Sub-Custodian either (i) receives a written notice of the same or (ii) notice of the same appears in one or more of the publications then listed in Appendix A hereto, which Appendix may be amended to add other publications at any time by Sub-Custodian without prior notice to or consent from the Trust or Custodian and which may be amended to delete a publication with the prior notice and consent from the Trust and Custodian; (vvi) subject to Paragraphs 28(e) and (f) hereof, take any action which may be necessary and proper in connection with the collection and receipt of such income and other payments and the endorsement for collection of checks, drafts and other negotiable instruments; andinstructions; (vivii) with respect to domestic securities, to exchange securities in temporary form for securities in definitive form, to effect an exchange of the securities shares where the par value of stock is changed, and to surrender securities at maturity or upon an when advised by the Trust or the investment adviser to the Trust of earlier call for redemption, or when securities otherwise become payable, against payment therefore therefor in accordance with accepted industry practice. When fractional shares of stock of a declaring corporation are received as a stock distribution, Sub-Custodian is authorized to sell the fraction received and credit the Trust's account. Unless specifically instructed to the contrary in writing, Sub-Custodian is authorized to exchange securities in bearer form for securities in registered form. If any Property registered in the name of a nominee of Chase Sub-Custodian is called for partial redemption by the issuer of such propertyProperty, Chase Sub-Custodian is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase Sub-Custodian in its sole reasonable discretion.

Appears in 2 contracts

Samples: Mutual Fund Custody and Sub Custody Agreement (Nations Institutional Reserves), Mutual Fund Custody and Sub Custody Agreement (Nations Fund Trust)

Collection of Income and Other Payments. Chase Wachovia shall: (i) i. collect and receive on a timely basis for the account of the Fund, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the Fund, and promptly advise the Fund of such the receipt and shall credit such the income, as collected, to the Fund. Without limiting the generality of the foregoing, Wachovia shall detach and present for payment all coupons and other income items requiring presentation as and when they become due and shall collect interest when due on Securities held hereunder. Income due the Fund on Securities loaned pursuant to the provisions of Paragraph 16 shall be the responsibility of the Fund. Wachovia will have no duty or responsibility in connection therewith, other than to provide the Fund with information or data as may be necessary to assist the Fund in arranging for the timely delivery to Wachovia of the income to which the Fund is properly entitled. From time to time, Chase Wachovia may elect, but shall not be so obligated, to credit the account Account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving the same from a payor, central depository, broker or other agent employed by the Fund or ChaseWachovia employs. Any such crediting and posting shall be at the Fund's sole risk, and Chase Wachovia shall be authorized to reverse any such advance posting in the event it Wachovia does not receive good funds from any such payor, central depository, broker or agent of the Customer. Chase agrees to promptly notify the Fund of the reversal of any such advance postingFund; (ii) . endorse and deposit for collection in the name of the Fund, checks, drafts, or other orders for the payment of money on the same day as received; (iii) . receive and hold for the account of the Fund all securities received by Securities the Fund receives as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities Securities of the Fund held by Chase Wachovia holds hereunder; (iv) . present for payment and collect the amount payable upon all securities Securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities the Securities become payable; (v) v. take any action which may be necessary and proper in connection with the collection and receipt of such the income and other payments and the endorsement for collection of checks, drafts and other negotiable instruments; and; (vi) to . effect an exchange of the securities shares where the par value of stock is changed, and to surrender securities Securities at maturity or upon when advised of an earlier call for redemption, redemption or when securities Securities otherwise become payableavailable, against payment therefore in accordance with accepted industry practice. The Fund understands that Wachovia subscribes to one or more nationally recognized services that provide information on calls for redemption of bonds or other corporate actions. Wachovia shall transmit promptly to the Fund written information with respect to materials received by Wachovia (or its agent) via Eligible Foreign Custodians from issuers of the foreign securities being held for the Fund (such as pendency of calls and maturities of foreign securities and expirations of rights in connection therewith). With respect to tender or exchange offers on foreign securities, Wachovia shall transmit promptly to the Fund written information with respect to materials so received by Wachovia from issuers of the foreign securities whose tender or exchange is sought or from the party (or its agents) making the tender or exchange offer. Wachovia will use reasonable care in facilitating the exercise of voting and other shareholder rights by the Fund, subject always to the laws, regulations and practical constraints that may exist in the country where such securities are issued. The Fund acknowledges that local conditions, including lack of regulation, onerous procedural obligations, lack of notice and other factors may have the effect of severely limiting the ability of the Fund to exercise shareholder rights. Subject to the foregoing acknowledgement and the standard of care to which Wachovia is held under this Agreement, Wachovia shall not be liable for any untimely exercise of any tender, exchange or other right or power in connection with foreign securities or other property of the Fund at any time held by it unless Wachovia receives Proper Instructions from the Fund with regard to the exercise of any such right or power at least two New York business days before the date on which Wachovia is to take action to exercise such right or power. Wachovia shall have no duty to notify the Fund of any rights, duties, limitations, conditions or other information set forth in any Security (including mandatory or optional put, call and similar provisions), but Wachovia shall forward to the Fund any notices or other documents subsequently received in regard to any security. When fractional shares of stock of a declaring corporation are received as a stock distribution, unless specifically instructed to the contrary in writing, Wachovia is authorized to sell the fraction received and credit the Fund's account. Unless specifically instructed to the contrary in writing, Wachovia is authorized to exchange Securities in bearer form for Securities in registered form. If any the Fund owns Property that is registered in the name of a nominee of Chase is called for partial redemption by Wachovia and the issuer of any such propertyProperty calls the Property for partial redemption, Chase Wachovia is authorized to allot the called portion to the respective beneficial holders of the Property in such a manner deemed to be it deems fair and equitable by Chase in its sole discretion; vii. forward to the Fund copies of all information or documents that it may receive from an issuer of Securities which, in the opinion of Wachovia , are intended for the Fund as the beneficial owner of Securities; and viii. execute, as Wachovia , any certificates of ownership, affidavits, declarations or other certificates for all foreign governments, federal and state tax purposes in connection with the collection or receipt of income, bond and note coupons, or other payments from Securities or in connection with transfers of Securities.

Appears in 2 contracts

Samples: Mutual Fund Custody Agreement (Aha Investment Funds Inc), Mutual Fund Custody Agreement (Tilson Investment Trust)

Collection of Income and Other Payments. Chase First Union shall: (i) i. collect and receive on a timely basis for the account of the Fund, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the Fund, and promptly advise the Fund of such the receipt and shall credit such the income, as collected, to the Fund. Without limiting the generality of the foregoing, First Union shall detach and present for payment all coupons and other income items requiring presentation as and when they become due and shall collect interest when due on Securities held hereunder. Income due the Fund on Securities loaned pursuant to the provisions of Paragraph 16 shall be the responsibility of the Fund. First Union will have no duty or responsibility in connection therewith, other than to provide the Fund with information or data as may be necessary to assist the Fund in arranging for the timely delivery to First Union of the income to which the Fund is properly entitled. From time to time, Chase First Union may elect, but shall not be so obligated, to credit the account Account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving the same from a payor, central depository, broker or other agent employed by the Fund or ChaseFirst Union employs. Any such crediting and posting shall be at the Fund's sole risk, and Chase First Union shall be authorized to reverse any such advance posting in the event it First Union does not receive good funds from any such payor, central depository, broker or agent of the Customer. Chase agrees to promptly notify the Fund of the reversal of any such advance postingFund; (ii) . endorse and deposit for collection in the name of the Fund, checks, drafts, or other orders for the payment of money on the same day as received; (iii) . receive and hold for the account of the Fund all securities received by Securities the Fund receives as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities Securities of the Fund held by Chase First Union holds hereunder; (iv) . present for payment and collect the amount payable upon all securities Securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities the Securities become payable; (v) v. take any action which may be necessary and proper in connection with the collection and receipt of such the income and other payments and the endorsement for collection of checks, drafts and other negotiable instruments; and; (vi) to . effect an exchange of the securities shares where the par value of stock is changed, and to surrender securities Securities at maturity or upon when advised of an earlier call for redemption, redemption or when securities Securities otherwise become payableavailable, against payment therefore therefor in accordance with accepted industry practice. The Fund understands that First Union subscribes to one or more nationally recognized services that provide information on calls for redemption of bonds or other corporate actions. First Union shall transmit promptly to the Fund written information with respect to materials received by First Union (or its agent) via Eligible Foreign Custodians from issuers of the foreign securities being held for the Fund (such as pendency of calls and maturities of foreign securities and expirations of rights in connection therewith). With respect to tender or exchange offers on foreign securities, First Union shall transmit promptly to the Fund written information with respect to materials so received by First Union from issuers of the foreign securities whose tender or exchange is sought or from the party (or its agents) making the tender or exchange offer. First Union will use reasonable care in facilitating the exercise of voting and other shareholder rights by the Fund, subject always to the laws, regulations and practical constraints that may exist in the country where such securities are issued. The Fund acknowledges that local conditions, including lack of regulation, onerous procedural obligations, lack of notice and other factors may have the effect of severely limiting the ability of the Fund to exercise shareholder rights. Subject to the foregoing acknowledgement and the standard of care to which First Union is held under this Agreement, First Union shall not be liable for any untimely exercise of any tender, exchange or other right or power in connection with foreign securities or other property of the Fund at any time held by it unless First Union receives Proper Instructions from the Fund with regard to the exercise of any such right or power at least two New York business days before the date on which First Union is to take action to exercise such right or power. First Union shall have no duty to notify the Fund of any rights, duties, limitations, conditions or other information set forth in any Security (including mandatory or optional put, call and similar provisions), but First Union shall forward to the Fund any notices or other documents subsequently received in regard to any security. When fractional shares of stock of a declaring corporation are received as a stock distribution, unless specifically instructed to the contrary in writing, First Union is authorized to sell the fraction received and credit the Fund's account. Unless specifically instructed to the contrary in writing, First Union is authorized to exchange Securities in bearer form for Securities in registered form. If any the Fund owns Property that is registered in the name of a nominee of Chase is called for partial redemption by First Union and the issuer of any such propertyProperty calls the Property for partial redemption, Chase First Union is authorized to allot the called portion to the respective beneficial holders of the Property in such a manner deemed to be it deems fair and equitable by Chase in its sole discretion; vii. forward to the Fund copies of all information or documents that it may receive from an issuer of Securities which, in the opinion of First Union, are intended for the Fund as the beneficial owner of Securities; and viii. execute, as First Union, any certificates of ownership, affidavits, declarations or other certificates for all foreign governments, federal and state tax purposes in connection with the collection or receipt of income, bond and note coupons, or other payments from Securities or in connection with transfers of Securities.

Appears in 1 contract

Samples: Mutual Fund Custody Agreement (PBHG Insurance Series Fund)

Collection of Income and Other Payments. Chase Wachovia shall: (i) i. collect and receive on a timely basis for the account of the Fund, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the Fund, and promptly advise the Fund of such the receipt and shall credit such the income, as collected, to the Fund. Without limiting the generality of the foregoing, Wachovia shall detach and present for payment all coupons and other income items requiring presentation as and when they become due and shall collect interest when due on Securities held hereunder. Income due the Fund on Securities loaned pursuant to the provisions of Paragraph 14 shall be the responsibility of the Fund. Wachovia will have no duty or responsibility in connection therewith, other than to provide the Fund with information or data as may be necessary to assist the Fund in arranging for the timely delivery to Wachovia of the income to which the Fund is properly entitled. From time to time, Chase Wachovia may elect, but shall not be so obligated, to credit the account Account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving the same from a payor, central depository, broker or other agent employed by the Fund or ChaseWachovia employs. Any such crediting and posting shall be at the Fund's sole risk, and Chase Wachovia shall be authorized to reverse any such advance posting in the event it Wachovia does not receive good funds from any such payor, central depository, broker or agent of the Customer. Chase agrees to promptly notify the Fund of the reversal of any such advance postingFund; (ii) . endorse and deposit for collection in the name of the Fund, checks, drafts, or other orders for the payment of money on the same day as received; (iii) . receive and hold for the account of the Fund all securities received by Securities the Fund receives as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities Securities of the Fund held by Chase Wachovia holds hereunder; (iv) . present for payment and collect the amount payable upon all securities Securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities the Securities become payable; (v) v. take any action which may be necessary and proper in connection with the collection and receipt of such the income and other payments and the endorsement for collection of checks, drafts and other negotiable instruments; and; (vi) to . effect an exchange of the securities shares where the par value of stock is changed, and to surrender securities Securities at maturity or upon when advised of an earlier call for redemption, redemption or when securities Securities otherwise become payableavailable, against payment therefore in accordance with accepted industry practice. The Fund understands that Wachovia subscribes to one or more nationally recognized services that provide information on calls for redemption of bonds or other corporate actions. Wachovia shall have no duty to notify the Fund of any rights, duties, limitations, conditions or other information set forth in any Security (including mandatory or optional put, call and similar provisions), but Wachovia shall forward to the Fund any notices or other documents subsequently received in regard to any security. When fractional shares of stock of a declaring corporation are received as a stock distribution, unless specifically instructed to the contrary in writing, Wachovia is authorized to sell the fraction received and credit the Fund's account. Unless specifically instructed to the contrary in writing, Wachovia is authorized to exchange Securities in bearer form for Securities in registered form. If any the Fund owns Property that is registered in the name of a nominee of Chase is called for partial redemption by Wachovia and the issuer of any such propertyProperty calls the Property for partial redemption, Chase Wachovia is authorized to allot the called portion to the respective beneficial holders of the Property in such a manner deemed to be it deems fair and equitable by Chase in its sole discretion; vii. forward promptly to the Fund copies of all information or documents that it may receive from an issuer of Securities which, in the opinion of Wachovia, are intended for the Fund as the beneficial owner of Securities; and viii. execute, as Wachovia, any certificates of ownership, affidavits, declarations or other certificates for all foreign governments, federal and state tax purposes in connection with the collection or receipt of income, bond and note coupons, or other payments from Securities or in connection with transfers of Securities.

Appears in 1 contract

Samples: Mutual Fund Custody Agreement (Sei Institutional Investments Trust)

Collection of Income and Other Payments. Chase Wachovia shall: (i) i. collect and receive on a timely basis for the account of the Fund, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the Fund, and promptly advise the Fund of such the receipt and shall credit such the income, as collected, to the Fund. Without limiting the generality of the foregoing, Wachovia shall detach and present for payment all coupons and other income items requiring presentation as and when they become due and shall collect interest when due on Securities held hereunder. Income due the Fund on Securities loaned pursuant to the provisions of Paragraph 16 shall be the responsibility of the Fund. Wachovia will have no duty or responsibility in connection therewith, other than to provide the Fund with information or data as may be necessary to assist the Fund in arranging for the timely delivery to Wachovia of the income to which the Fund is properly entitled. From time to time, Chase Wachovia may elect, but shall not be so obligated, to credit the account Account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving the same from a payor, central depository, broker or other agent employed by the Fund or ChaseWachovia employs. Any such crediting and posting shall be at the Fund's sole risk, and Chase Wachovia shall be authorized to reverse any such advance posting in the event it Wachovia does not receive good funds from any such payor, central depository, broker or agent of the Customer. Chase agrees to promptly notify the Fund of the reversal of any such advance postingFund; (ii) . endorse and deposit for collection in the name of the Fund, checks, drafts, or other orders for the payment of money on the same day as received; (iii) . receive and hold for the account of the Fund all securities received by Securities the Fund receives as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities Securities of the Fund held by Chase Wachovia holds hereunder; (iv) . present for payment and collect the amount payable upon all securities Securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities the Securities become payable; (v) v. take any action which may be necessary and proper in connection with the collection and receipt of such the income and other payments and the endorsement for collection of checks, drafts and other negotiable instruments; and; (vi) to . effect an exchange of the securities shares where the par value of stock is changed, and to surrender securities Securities at maturity or upon when advised of an earlier call for redemption, redemption or when securities Securities otherwise become payableavailable, against payment therefore in accordance with accepted industry practice. The Fund understands that Wachovia subscribes to one or more nationally recognized services that provide information on calls for redemption of bonds or other corporate actions. Wachovia shall transmit promptly to the Fund written information with respect to materials received by Wachovia (or its agent) via Eligible Foreign Custodians from issuers of the foreign securities being held for the Fund (such as pendency of calls and maturities of foreign securities and expirations of rights in connection therewith). With respect to tender or exchange offers on foreign securities, Wachovia shall transmit promptly to the Fund written information with respect to materials so received by Wachovia from issuers of the foreign securities whose tender or exchange is sought or from the party (or its agents) making the tender or exchange offer. Wachovia will use reasonable care in facilitating the exercise of voting and other shareholder rights by the Fund, subject always to the laws, regulations and practical constraints that may exist in the country where such securities are issued. The Fund acknowledges that local conditions, including lack of regulation, onerous procedural obligations, lack of notice and other factors may have the effect of severely limiting the ability of the Fund to exercise shareholder rights. Subject to the foregoing acknowledgement and the standard of care to which Wachovia is held under this Agreement, Wachovia shall not be liable for any untimely exercise of any tender, exchange or other right or power in connection with foreign securities or other property of the Fund at any time held by it unless Wachovia receives Proper Instructions from the Fund with regard to the exercise of any such right or power at least two New York business days before the date on which Wachovia is to take action to exercise such right or power. Wachovia shall have no duty to notify the Fund of any rights, duties, limitations, conditions or other information set forth in any Security (including mandatory or optional put, call and similar provisions), but Wachovia shall forward to the Fund any notices or other documents subsequently received in regard to any security. When fractional shares of stock of a declaring corporation are received as a stock distribution, unless specifically instructed to the contrary in writing, Wachovia is authorized to sell the fraction received and credit the Fund's account. Unless specifically instructed to the contrary in writing, Wachovia is authorized to exchange Securities in bearer form for Securities in registered form. If any the Fund owns Property that is registered in the name of a nominee of Chase is called for partial redemption by Wachovia and the issuer of any such propertyProperty calls the Property for partial redemption, Chase Wachovia is authorized to allot the called portion to the respective beneficial holders of the Property in such a manner deemed to be it deems fair and equitable by Chase in its sole discretion; vii. forward to the Fund copies of all information or documents that it may receive from an issuer of Securities which, in the opinion of Wachovia, are intended for the Fund as the beneficial owner of Securities; and viii. execute, as Wachovia, any certificates of ownership, affidavits, declarations or other certificates for all foreign governments, federal and state tax purposes in connection with the collection or receipt of income, bond and note coupons, or other payments from Securities or in connection with transfers of Securities.

Appears in 1 contract

Samples: Fund Custody Agreement (Tortoise North American Energy Corp)

Collection of Income and Other Payments. Chase Wachovia shall: (i) collect and receive on a timely basis for the account of the Fund, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the Fund, and promptly advise the Fund of such the receipt and shall credit such the income, as collected, to the Fund. Without limiting the generality of the foregoing, Wachovia shall detach and present for payment all coupons and other income items requiring presentation as and when they become due and shall collect interest when due on Securities held hereunder. Income due the Fund on Securities loaned pursuant to the provisions of Paragraph 16 shall be the responsibility of the Fund. Wachovia will have no duty or responsibility in connection therewith, other than to provide the Fund with information or data as may be necessary to assist the Fund in arranging for the timely delivery to Wachovia of the income to which the Fund is properly entitled. From time to time, Chase Wachovia may elect, but shall not be so obligated, to credit the account Account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving the same from a payor, central depository, broker or other agent employed by the Fund or ChaseWachovia employs. Any such crediting and posting shall be at the Fund's sole risk, and Chase Wachovia shall be authorized to reverse any such advance posting in the event it Wachovia does not receive good funds from any such payor, central depository, broker or agent of the Customer. Chase agrees to promptly notify the Fund of the reversal of any such advance postingFund; (ii) endorse and deposit for collection in the name of the Fund, checks, drafts, or other orders for the payment of money on the same day as received; (iii) receive and hold for the account of the Fund all securities received by Securities the Fund receives as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities Securities of the Fund held by Chase Wachovia holds hereunder; (iv) present for payment and collect the amount payable upon all securities Securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities the Securities become payable; (v) take any action which may be necessary and proper in connection with the collection and receipt of such the income and other payments and the endorsement for collection of checks, drafts and other negotiable instruments; and; (vi) to effect an exchange of the securities shares where the par value of stock is changed, and to surrender securities Securities at maturity or upon when advised of an earlier call for redemption, redemption or when securities Securities otherwise become payableavailable, against payment therefore in accordance with accepted industry practice. The Fund understands that Wachovia subscribes to one or more nationally recognized services that provide information on calls for redemption of bonds or other corporate actions. Wachovia shall transmit promptly to the Fund written information with respect to materials received by Wachovia (or its agent) via Eligible Foreign Custodians from issuers of the foreign securities being held for the Fund (such as pendency of calls and maturities of foreign securities and expirations of rights in connection therewith). With respect to tender or exchange offers on foreign securities, Wachovia shall transmit promptly to the Fund written information with respect to materials so received by Wachovia from issuers of the foreign securities whose tender or exchange is sought or from the party (or its agents) making the tender or exchange offer. Wachovia will use reasonable care in facilitating the exercise of voting and other shareholder rights by the Fund, subject always to the laws, regulations and practical constraints that may exist in the country where such securities are issued. The Fund acknowledges that local conditions, including lack of regulation, onerous procedural obligations, lack of notice and other factors may have the effect of severely limiting the ability of the Fund to exercise shareholder rights. Subject to the foregoing acknowledgement and the standard of care to which Wachovia is held under this Agreement, Wachovia shall not be liable for any untimely exercise of any tender, exchange or other right or power in connection with foreign securities or other property of the Fund at any time held by it unless Wachovia receives Proper Instructions from the Fund with regard to the exercise of any such right or power at least two New York business days before the date on which Wachovia is to take action to exercise such right or power. Wachovia shall have no duty to notify the Fund of any rights, duties, limitations, conditions or other information set forth in any Security (including mandatory or optional put, call and similar provisions), but Wachovia shall forward to the Fund any notices or other documents subsequently received in regard to any security. When fractional shares of stock of a declaring corporation are received as a stock distribution, unless specifically instructed to the contrary in writing, Wachovia is authorized to sell the fraction received and credit the Fund's account. Unless specifically instructed to the contrary in writing, Wachovia is authorized to exchange Securities in bearer form for Securities in registered form. If any the Fund owns Property that is registered in the name of a nominee of Chase is called for partial redemption by Wachovia and the issuer of any such propertyProperty calls the Property for partial redemption, Chase Wachovia is authorized to allot the called portion to the respective beneficial holders of the Property in such a manner deemed to be it deems fair and equitable by Chase in its sole discretion; (vii) forward to the Fund copies of all information or documents that it may receive from an issuer of Securities which, in the opinion of Wachovia, are intended for the Fund as the beneficial owner of Securities; and (viii) execute, as Wachovia, any certificates of ownership, affidavits, declarations or other certificates for all foreign governments, federal and state tax purposes in connection with the collection or receipt of income, bond and note coupons, or other payments from Securities or in connection with transfers of Securities.

Appears in 1 contract

Samples: Fund Custody Agreement (Tortoise North American Energy Corp)

Collection of Income and Other Payments. Chase shall:(a) Custodian shall receive in the Account any money or property, including without limitation any dividends, payments of principal or other distributions or payments, on account of securities in the Account. Custodian shall not, however, be required to enforce collection, by legal means or otherwise, of any such money or other property not paid when due, but shall receive the proceeds of such collections as may be effected by it or its agents in the ordinary course of its custody and safekeeping business. (ib) collect and receive on Custodian shall not be liable for, or considered to be custodian of, any cash belonging to Custodian or any money represented by a timely basis check, draft or other instrument for the account payment of the Fundmoney, all income until Custodian or its agents actually receive such cash or collect on such instrument. (c) In its sole discretion and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the Fund, and promptly advise the Fund of such receipt and shall credit such income, as collected, to the Fund. From from time to time, Chase Custodian may elect, but shall not be obligated, to credit the account Custody Account, prior to actual receipt of final payment thereof, with interest(a) proceeds from the sale of securities in the Custody Account which it has been instructed to deliver against payment, dividends (b) proceeds from the redemption of securities or principal payments on payable other assets in such Custody Account, and (c) income from cash, securities or contractual settlement dateother assets in the Custody Account. Any such credit shall be conditional upon actual receipt by Custodian of final payment and may be reversed if final payment is not actually received in full. Custodian may, in its sole discretion and from time to time, permit the Company to use funds so credited to the Account in anticipation of receiving same from a payor, central depository, broker or other agent employed by the Fund or Chaseactual receipt of final payment. Any such crediting funds so used shall bear interest at such rate as Custodian and posting the Company may agree, shall be repayable immediately upon demand made by Custodian at any time prior to the Fund's sole riskactual receipt by it of all final payments in anticipation of which funds were credited to the Account, and Chase shall be authorized to reverse any such constitute an advance posting that is fully secured as provided in the event it does not receive good funds from any such payor, central depository, broker or agent of the Customer. Chase agrees to promptly notify the Fund of the reversal of any such advance posting;Section 9.3 below. (iid) endorse For purposes of this Agreement, "final payment" means payment in funds which are (or have become) immediately available, under applicable law are irreversible, and deposit for collection in the name of the Fundare not subject to any security interest, checksxxxx, drafts, xxxx or other orders for the payment of money on the same day as received; (iii) receive and hold for the account of the Fund all securities received by the Fund as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities of the Fund held by Chase hereunder; (iv) present for payment and collect the amount payable upon all securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities become payable; (v) take any action which may be necessary and proper in connection with the collection and receipt of such income and other payments and the endorsement for collection of checks, drafts and other negotiable instruments; and (vi) to effect an exchange of the securities where the par value is changed, and to surrender securities at maturity or upon an earlier call for redemption, or when securities otherwise become payable, against payment therefore in accordance with accepted industry practice. If any Property registered in the name of a nominee of Chase is called for partial redemption by the issuer of such property, Chase is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase in its sole discretionencumbrance.

Appears in 1 contract

Samples: Custody Agreement (Eis Fund Inc)

Collection of Income and Other Payments. Chase The Trust Company shall: (i) collect and receive on a timely basis for the account of the Fund, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, distributions included or to be included in the Property of the Fund, and promptly advise the Fund of such receipt and shall credit such income, as collected, to the Fund. From time to time, Chase The Trust Company may elect, but shall not be obligated, to credit the account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving same from a payor, central depository, broker or other agent employed by the Fund or ChaseThe Trust Company. Any such crediting and posting shall be at the Fund's sole risk, and Chase The Trust Company shall be authorized to reverse any such advance posting in the event it does not receive good funds from any such payor, central depository, broker or agent of the Customer. Chase The Trust Company agrees to promptly notify the Fund of the reversal of any such advance posting;. (ii) endorse and deposit for collection in the name of the Fund, checks, drafts, or other orders for the payment of money on the same day as received; (iii) receive and hold for the account of the Fund all securities received by the Fund as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities of the Fund held by Chase hereunder; (iv) present for payment and collect the amount payable upon all securities which may mature or be called, redeemed or retiredredeemed, or otherwise become payable on the date such securities become payable; (viv) take any action which may be necessary and proper in connection with the collection and receipt of such income and other payments and the endorsement for collection of checks, drafts and other negotiable instruments; and; (viv) to effect an exchange of the securities where the par value is changed, and to surrender securities at maturity or upon an earlier call for redemption, or when securities otherwise become payable, against payment therefore in accordance with accepted industry practice. If any Property registered in the name of a nominee of Chase The Trust Company is called for partial redemption by the issuer of such property, Chase The Trust Company is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase The Trust Company in its sole discretion.

Appears in 1 contract

Samples: Custody Agreement (Sal Trust Preferred Fund I)

Collection of Income and Other Payments. Chase Wachovia shall: (i) i. collect and receive on a timely basis for the account of the Fund, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the Fund, and promptly advise the Fund of such the receipt and shall credit such the income, as collected, to the Fund. Without limiting the generality of the foregoing, Wachovia shall detach and present for payment all coupons and other income items requiring presentation as and when they become due and shall collect interest when due on Securities held hereunder. Income due the Fund on Securities loaned pursuant to the provisions of Paragraph 17 shall be the responsibility of the Fund. Wachovia will have no duty or responsibility in connection therewith, other than to provide the Fund with information or data as may be necessary to assist the Fund in arranging for the timely delivery to Wachovia of the income to which the Fund is properly entitled. From time to time, Chase Wachovia may elect, but shall not be so obligated, to credit the account Account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving the same from a payor, central depository, broker or other agent employed by the Fund or ChaseWachovia employs. Any such crediting and posting shall be at the Fund's sole risk, and Chase Wachovia shall be authorized to reverse any such advance posting in the event it Wachovia does not receive good funds from any such payor, central depository, broker or agent of the Customer. Chase agrees to promptly notify the Fund of the reversal of any such advance postingFund; (ii) . endorse and deposit for collection in the name of the Fund, checks, drafts, or other orders for the payment of money on the same day as received; (iii) . receive and hold for the account of the Fund all securities received by Securities the Fund receives as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities Securities of the Fund held by Chase Wachovia holds hereunder; (iv) . present for payment and collect the amount payable upon all securities Securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities the Securities become payable; (v) v. take any action which may be necessary and proper in connection with the collection and receipt of such the income and other payments and the endorsement for collection of checks, drafts and other negotiable instruments; and; (vi) to . effect an exchange of the securities shares where the par value of stock is changed, and to surrender securities Securities at maturity or upon when advised of an earlier call for redemption, redemption or when securities Securities otherwise become payableavailable, against payment therefore in accordance with accepted industry practice. The Fund understands that Wachovia subscribes to one or more nationally recognized services that provide information on calls for redemption of bonds or other corporate actions. Wachovia shall transmit promptly to the Fund written information with respect to materials received by Wachovia (or its agent) via Eligible Foreign Custodians from issuers of the foreign securities being held for the Fund (such as pendency of calls and maturities of foreign securities and expirations of rights in connection therewith). With respect to tender or exchange offers on foreign securities, Wachovia shall transmit promptly to the Fund written information with respect to materials so received by Wachovia from issuers of the foreign securities whose tender or exchange is sought or from the party (or its agents) making the tender or exchange offer. Wachovia will use reasonable care in facilitating the exercise of voting and other shareholder rights by the Fund, subject always to the laws, regulations and practical constraints that may exist in the country where such securities are issued. The Fund acknowledges that local conditions, including lack of regulation, onerous procedural obligations, lack of notice and other factors may have the effect of severely limiting the ability of the Fund to exercise shareholder rights. Subject to the foregoing acknowledgement and the standard of care to which Wachovia is held under this Agreement, Wachovia shall not be liable for any untimely exercise of any tender, exchange or other right or power in connection with foreign securities or other property of the Fund at any time held by it unless Wachovia receives Proper Instructions from the Fund with regard to the exercise of any such right or power at least two New York business days before the date on which Wachovia is to take action to exercise such right or power. Wachovia shall have no duty to notify the Fund of any rights, duties, limitations, conditions or other information set forth in any Security (including mandatory or optional put, call and similar provisions), but Wachovia shall forward to the Fund any notices or other documents subsequently received in regard to any security. When fractional shares of stock of a declaring corporation are received as a stock distribution, unless specifically instructed to the contrary in writing, Wachovia is authorized to sell the fraction received and credit the Fund's account. Unless specifically instructed to the contrary in writing, Wachovia is authorized to exchange Securities in bearer form for Securities in registered form. If any the Fund owns Property that is registered in the name of a nominee of Chase is called for partial redemption by Wachovia and the issuer of any such propertyProperty calls the Property for partial redemption, Chase Wachovia is authorized to allot the called portion to the respective beneficial holders of the Property in such a manner deemed to be it deems fair and equitable by Chase in its sole discretion; vii. forward to the Fund copies of all information or documents that it may receive from an issuer of Securities which, in the opinion of Wachovia, are intended for the Fund as the beneficial owner of Securities; and viii. execute, as Wachovia, any certificates of ownership, affidavits, declarations or other certificates for all foreign governments, federal and state tax purposes in connection with the collection or receipt of income, bond and note coupons, or other payments from Securities or in connection with transfers of Securities.

Appears in 1 contract

Samples: Mutual Fund Custody Agreement (Old Mutual Advisor Funds)

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Collection of Income and Other Payments. Chase Wachovia shall: (i) i. collect and receive on a timely basis for the account of the Fund, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the Fund, and promptly advise the Fund of such the receipt and shall credit such the income, as collected, to the Fund. Without limiting the generality of the foregoing, Wachovia shall detach and present for payment all coupons and other income items requiring presentation as and when they become due and shall collect interest when due on Securities held hereunder. Income due the Fund on Securities loaned pursuant to the provisions of Paragraph 17 shall be the responsibility of the Fund. Wachovia will have no duty or responsibility in connection therewith, other than to provide the Fund with information or data as may be necessary to assist the Fund in arranging for the timely delivery to Wachovia of the income to which the Fund is properly entitled. From time to time, Chase Wachovia may elect, but shall not be so obligated, to credit the account Account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving the same from a payor, central depository, broker or other agent employed by the Fund or ChaseWachovia employs. Any such crediting and posting shall be at the Fund's ’s sole risk, and Chase Wachovia shall be authorized to reverse any such advance posting in the event it Wachovia does not receive good funds from any such payor, central depository, broker or agent of the Customer. Chase agrees to promptly notify the Fund of the reversal of any such advance postingFund; (ii) . endorse and deposit for collection in the name of the Fund, checks, drafts, or other orders for the payment of money on the same day as received; (iii) . receive and hold for the account of the Fund all securities received by Securities the Fund receives as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities Securities of the Fund held by Chase Wachovia holds hereunder; (iv) . present for payment and collect the amount payable upon all securities Securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities the Securities become payable; (v) v. take any action which may be necessary and proper in connection with the collection and receipt of such the income and other payments and the endorsement for collection of checks, drafts and other negotiable instruments; and; (vi) to . effect an exchange of the securities shares where the par value of stock is changed, and to surrender securities Securities at maturity or upon when advised of an earlier call for redemption, redemption or when securities Securities otherwise become payableavailable, against payment therefore in accordance with accepted industry practice. The Fund understands that Wachovia subscribes to one or more nationally recognized services that provide information on calls for redemption of bonds or other corporate actions. Wachovia shall transmit promptly to the Fund written information with respect to materials received by Wachovia (or its agent) via Eligible Foreign Custodians from issuers of the foreign securities being held for the Fund (such as pendency of calls and maturities of foreign securities and expirations of rights in connection therewith). With respect to tender or exchange offers on foreign securities, Wachovia shall transmit promptly to the Fund written information with respect to materials so received by Wachovia from issuers of the foreign securities whose tender or exchange is sought or from the party (or its agents) making the tender or exchange offer. Wachovia will use reasonable care in facilitating the exercise of voting and other shareholder rights by the Fund, subject always to the laws, regulations and practical constraints that may exist in the country where such securities are issued. The Fund acknowledges that local conditions, including lack of regulation, onerous procedural obligations, lack of notice and other factors may have the effect of severely limiting the ability of the Fund to exercise shareholder rights. Subject to the foregoing acknowledgement and the standard of care to which Wachovia is held under this Agreement, Wachovia shall not be liable for any untimely exercise of any tender, exchange or other right or power in connection with foreign securities or other property of the Fund at any time held by it unless Wachovia receives Proper Instructions from the Fund with regard to the exercise of any such right or power at least two New York business days before the date on which Wachovia is to take action to exercise such right or power. Wachovia shall have no duty to notify the Fund of any rights, duties, limitations, conditions or other information set forth in any Security (including mandatory or optional put, call and similar provisions), but Wachovia shall forward to the Fund any notices or other documents subsequently received in regard to any security. When fractional shares of stock of a declaring corporation are received as a stock distribution, unless specifically instructed to the contrary in writing, Wachovia is authorized to sell the fraction received and credit the Fund’s account. Unless specifically instructed to the contrary in writing, Wachovia is authorized to exchange Securities in bearer form for Securities in registered form. If any the Fund owns Property that is registered in the name of a nominee of Chase is called for partial redemption by Wachovia and the issuer of any such propertyProperty calls the Property for partial redemption, Chase Wachovia is authorized to allot the called portion to the respective beneficial holders of the Property in such a manner deemed to be it deems fair and equitable by Chase in its sole discretion; vii. forward to the Fund copies of all information or documents that it may receive from an issuer of Securities which, in the opinion of Wachovia, are intended for the Fund as the beneficial owner of Securities; and viii. execute, as Wachovia, any certificates of ownership, affidavits, declarations or other certificates for all foreign governments, federal and state tax purposes in connection with the collection or receipt of income, bond and note coupons, or other payments from Securities or in connection with transfers of Securities.

Appears in 1 contract

Samples: Mutual Fund Custody Agreement (Old Mutual Advisor Funds)

Collection of Income and Other Payments. Chase shallCustodian shall subject --------------------------------------- to Paragraph 28(f) hereof: (i) collect Collect and receive on a timely basis for the account of the Fundany Master Portfolio, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the Fundany Master Portfolio, and promptly advise the Fund Master Trust of such receipt and shall credit such income, as collected, to the Fundsuch Master Portfolio of Master Trust. From time to time, Chase Custodian may elect, but shall not be so obligated, to credit the account with interest, dividends or principal payments on the payable or contractual settlement date, in anticipation of receiving same from a payor, central depository, Securities Depository, broker or other agent employed by the Fund Master Trust or ChaseCustodian. Any such crediting and posting shall be at the FundMaster Trust's sole risk, and Chase Custodian shall be authorized to reverse (A) any such advance posting in the event it does not receive good funds from any such payor, central depository, Securities Depository, broker or agent of agent, and (B) any other payment or crediting, including, without limitation, payments made by check or draft, in the Customer. Chase agrees to promptly notify the Fund of the reversal of any such advance postingevent it does not receive good funds or final payment; (ii) endorse With respect to securities of foreign issue, and subject to Paragraph 27 hereof, effect collection of dividends, interest and other income, and to promptly transmit to Master Trust all reports, written information or notices actually received by Custodian as Custodian, including notices of any call for redemption, offer of exchange, right of subscription, reorganization, or other proceedings affecting such securities, or any default in payments due thereon. It is understood, however, that Custodian shall be under no responsibility for any failure or delay in effecting such collections or giving such notice with respect to securities of foreign issue, regardless of whether or not the relevant information is published in any financial service available to it unless such failure or delay is due to Custodian's own negligence. Collections of income in foreign currency are, to the extent possible, to be converted into United States dollars unless otherwise instructed in writing, and in effecting such conversion Custodian may use such methods or agencies as it may see fit, including the facilities of its own foreign division at customary rates. All risk and expenses incident to such collection and conversion are for the account of the Master Portfolios and Custodian shall have no responsibility for fluctuations in exchange rates affecting any such conversions; (iii) Endorse and deposit for collection in the name of the FundMaster Trust and each of its Master Portfolios, checks, drafts, or other orders for the payment of money on the same day as received; (iiiiv) receive Receive and hold for the account of each of the Fund all Master Portfolio's securities received by the Fund Master Portfolios as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities of the Fund Master Portfolios held by Chase Custodian hereunder; (ivv) present Present for payment and collect the amount payable upon all securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities become payable, but, with respect to calls, early redemptions, or early retirements, only if Custodian either: (i) receives a written notice of the same, or (ii) notice of the same appears in one or more of the publications then listed in Appendix A hereto, which Appendix may be amended to add other publications at any time by Custodian without prior notice to or consent from Master Trust and which may be amended to delete a publication with the prior notice and consent from Master Trust; (vvi) Subject to Paragraphs 28(e) and (f) hereof, take any action which may be necessary and proper in connection with the collection and receipt of such income and other payments and the endorsement for collection of checks, drafts and other negotiable instrumentsinstructions; and (vivii) With respect to domestic securities, to exchange securities in temporary form for securities in definitive form, to effect an exchange of the securities shares where the par value of stock is changed, and to surrender securities at maturity or upon when advised by Master Trust or the investment adviser to Master Trust of an earlier call for redemption, or when securities otherwise become payable, against payment therefore therefor in accordance with accepted industry practice. When fractional shares of stock of a declaring corporation are received as a stock distribution, Custodian is authorized to sell the fraction received and credit Master Trust's account. Unless specifically instructed to the contrary in writing, Custodian is authorized to exchange securities in bearer form for securities in registered form. If any Property registered in the name of a nominee of Chase Custodian is called for partial redemption by the issuer of such propertyProperty, Chase Custodian is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase Custodian in its sole reasonable discretion.

Appears in 1 contract

Samples: Custody Agreement (Nations Master Investment Trust)

Collection of Income and Other Payments. Chase shall: (i) collect and receive on a timely basis for the account of the Fund, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the Fund, and promptly advise the Fund of such receipt and shall credit such income, as collected, to the Fund. From time to time, Chase may elect, but shall not be obligated, to credit the account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving same from a payor, central depository, broker or other agent employed by the Fund or Chase. Any such crediting and posting shall be at the Fund's sole risk, and Chase shall be authorized to reverse any such advance posting in the event it does not receive good funds from any such payor, central depository, broker or agent of the Customer. Chase agrees to promptly notify the Fund of the reversal of any such advance posting;. (ii) endorse and deposit for collection in the name of the Fund, checks, drafts, or other orders for the payment of money on the same day as received; (iii) receive and hold for the account of the Fund all securities received by the Fund as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities of the Fund held by Chase hereunder; (iv) present for payment and collect the amount payable upon all securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities become payable; ; (v) take any action which may be necessary and proper in connection with the collection and receipt of such income and other payments and the endorsement for collection of checks, drafts and other negotiable instruments; and (vi) to effect an exchange of the securities where the par value is changed, and to surrender securities at maturity or upon an earlier call for redemption, or when securities otherwise become payable, against payment therefore in accordance with accepted industry practice. If any Property registered in the name of a nominee of Chase is called for partial redemption by the issuer of such property, Chase is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase in its sole discretion.;

Appears in 1 contract

Samples: Custody Agreement (Nuveen John Company)

Collection of Income and Other Payments. Chase Wachovia shall: (i) : i. collect and receive on a timely basis for the account of the Fund, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the Fund, and promptly advise the Fund of such the receipt and shall credit such the income, as collected, to the Fund. Without limiting the generality of the foregoing, Wachovia shall detach and present for payment all coupons and other income items requiring presentation as and when they become due and shall collect interest when due on Securities held hereunder. Income due the Fund on Securities loaned pursuant to the provisions of Paragraph 12 shall be the responsibility of the Fund. Wachovia will have no duty or responsibility in connection therewith, other than to provide the Fund with information or data as may be necessary to assist the Fund in arranging for the timely delivery to Wachovia of the income to which the Fund is properly entitled. From time to time, Chase Wachovia may elect, but shall not be so obligated, to credit the account Account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving the same from a payor, central depository, broker or other agent employed by the Fund or ChaseWachovia employs. Any such crediting and posting shall be at the Fund's sole risk, and Chase Wachovia shall be authorized to reverse any such advance posting in the event it Wachovia does not receive good funds from any such payor, central depository, broker or agent of the CustomerFund; ii. Chase agrees to promptly notify the Fund of the reversal of any such advance posting; (ii) endorse and deposit for collection in the name of the Fund, checks, drafts, or other orders for the payment of money on the same day as received; (iii) receive and hold for the account of the Fund all securities received by the Fund as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities of the Fund held by Chase hereunder; (iv) present for payment and collect the amount payable upon all securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities become payable; (v) take any action which may be necessary and proper in connection with the collection and receipt of such income and other payments and the endorsement for collection of checks, drafts and other negotiable instruments; and (vi) to effect an exchange of the securities where the par value is changed, and to surrender securities at maturity or upon an earlier call for redemption, or when securities otherwise become payable, against payment therefore in accordance with accepted industry practice. If any Property registered in the name of a nominee of Chase is called for partial redemption by the issuer of such property, Chase is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase in its sole discretion.

Appears in 1 contract

Samples: Mutual Fund Custody Agreement (Agilex Funds)

Collection of Income and Other Payments. Chase Wachovia shall: (i) i. collect and receive on a timely basis for the account of the each Fund, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the Fund, and promptly advise the Fund of such the receipt and shall credit such the income, as collected, to the Fund. Without limiting the generality of the foregoing, Wachovia shall detach and present for payment all coupons and other income items requiring presentation as and when they become due and shall collect interest when due on Securities held hereunder. Income due a Fund on Securities loaned pursuant to the provisions of Paragraph 12 shall be the responsibility of the Fund. Wachovia will have no duty or responsibility in connection therewith, other than to provide the Fund with information or data as may be necessary to assist the Fund in arranging for the timely delivery to Wachovia of the income to which the Fund is properly entitled. From time to time, Chase Wachovia may elect, but shall not be so obligated, to credit the account Account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving the same from a payor, central depository, broker or other agent employed by the a Fund or ChaseWachovia employs. Any such crediting and posting shall be at the Fund's sole risk, and Chase Wachovia shall be authorized to reverse any such advance posting in the event it Wachovia does not receive good funds from any such payor, central depository, broker or agent of the Customer. Chase agrees to promptly notify the Fund of the reversal of any such advance postingFund; (ii) . endorse and deposit for collection in the name of the a Fund, checks, drafts, or other orders for the payment of money on the same day as received; (iii) . receive and hold for the account of a Fund all Securities the Fund all securities received by the Fund receives as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities Securities of the Fund held by Chase Wachovia holds hereunder; (iv) . present for payment and collect the amount payable upon all securities Securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities the Securities become payable; (v) v. take any action which may be necessary and proper in connection with the collection and receipt of such the income and other payments and the endorsement for collection of checks, drafts and other negotiable instruments; and; (vi) to . effect an exchange of the securities shares where the par value of stock is changed, and to surrender securities Securities at maturity or upon when advised of an earlier call for redemption, redemption or when securities Securities otherwise become payableavailable, against payment therefore therefor in accordance with accepted industry practice. Each Fund understands that Wachovia subscribes to one or more nationally recognized services that provide information on calls for redemption of bonds or other corporate actions. Wachovia shall not be liable for failure to redeem any called bond or to take other action if any service to which it subscribes did not provide notice of the call or action, provided that Wachovia shall have acted in good faith without negligence and in accordance with "Street Practice" (as is customary in the industry). Wachovia shall have no duty to notify a Fund of any rights, duties, limitations, conditions or other information set forth in any Security (including mandatory or optional put, call and similar provisions), but Wachovia shall forward to the Fund any notices or other documents subsequently received in regard to any security. When fractional shares of stock of a declaring corporation are received as a stock distribution, unless specifically instructed to the contrary in writing, Wachovia is authorized to sell the fraction received and credit the Fund's account. Unless specifically instructed to the contrary in writing, Wachovia is authorized to exchange Securities in bearer form for Securities in registered form. If the issuer of any Property registered in the name of a nominee of Chase is called Wachovia calls the Property for partial redemption by the issuer of such propertyredemption, Chase Wachovia is authorized to allot the called portion to the respective beneficial holders of the Property in such a manner deemed to be it deems fair and equitable by Chase in its sole discretion; vii. forward to each Fund copies of all information or documents that it may receive from an issuer of Securities which, in the opinion of Wachovia, are intended for the Fund as the beneficial owner of Securities; and viii. execute, as Wachovia, any certificates of ownership, affidavits, declarations or other certificates for all federal and state tax purposes in connection with the collection or receipt of income, bond and note coupons, or other payments from Securities or in connection with transfers of Securities.

Appears in 1 contract

Samples: Mutual Fund Custody Agreement (Wy Funds)

Collection of Income and Other Payments. Chase First Union shall: (i) i. collect and receive on a timely basis for the account of the Fund, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the Fund, and promptly advise the Fund of such the receipt and shall credit such the income, as collected, to the Fund. Without limiting the generality of the foregoing, First Union shall detach and present for payment all coupons and other income items requiring presentation as and when they become due and shall collect interest when due on Securities held hereunder. Income due the Fund on Securities loaned pursuant to the provisions of Paragraph 16 shall be the responsibility of the Fund. First Union will have no duty or responsibility in connection therewith, other than to provide the Fund with information or data as may be necessary to assist the Fund in arranging for the timely delivery to First Union of the income to which the Fund is properly entitled. From time to time, Chase First Union may elect, but shall not be so obligated, to credit the account Account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving the same from a payor, central depository, broker or other agent employed by the Fund or ChaseFirst Union employs. Any such crediting and posting shall be at the Fund's sole risk, and Chase First Union shall be authorized to reverse any such advance posting in the event it First Union does not receive good funds from any such payor, central depository, broker or agent of the Customer. Chase agrees to promptly notify the Fund of the reversal of any such advance postingFund; (ii) . endorse and deposit for collection in the name of the Fund, checks, drafts, or other orders for the payment of money on the same day as received; (iii) . receive and hold for the account of the Fund all securities received by Securities the Fund receives as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities Securities of the Fund held by Chase First Union holds hereunder; (iv) . present for payment and collect the amount payable upon all securities Securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities the Securities become payable; (v) v. take any action which may be necessary and proper in connection with the collection and receipt of such the income and other payments and the endorsement for collection of checks, drafts and other negotiable instruments; and; (vi) to . effect an exchange of the securities shares where the par value of stock is changed, and to surrender securities Securities at maturity or upon when advised of an earlier call for redemption, redemption or when securities Securities otherwise become payableavailable, against payment therefore therefor in accordance with accepted industry practice. The Fund understands that First Union subscribes to one or more nationally recognized services that provide information on calls for redemption of bonds or other corporate actions. First Union shall transmit promptly to the Fund written information with respect to materials received by First Union (or its agent) via Eligible Foreign Custodians from issuers of the foreign securities being held for the Fund (such as pendency of calls and maturities of foreign securities and expirations of rights in connection therewith). With respect to tender or exchange offers on foreign securities, First Union shall transmit promptly to the Fund written information with respect to materials so received by First Union from issuers of the foreign securities whose tender or exchange is sought or from the party (or its agents) making the tender or exchange offer. First Union will use reasonable care in facilitating the exercise of voting and other shareholder rights by the Fund, subject always to the laws, regulations and practical constraints that may exist in the country where such securities are issued. The Fund acknowledges that local conditions, including lack of regulation, onerous procedural obligations, lack of notice and other factors may have the effect of severely limiting the ability of the Fund to exercise shareholder rights. Subject to the foregoing acknowledgement and the standard of care to which First Union is held under this Agreement, First Union shall not be liable for any untimely exercise of any tender, exchange or other right or power in connection with foreign securities or other property of the Fund at any time held by it unless First Union receives Proper Instructions from the Fund with regard to the exercise of any such right or power at least two New York business days before the date on which First Union is to take action to exercise such right or power. Xxxxx Xxxxx shall have no duty to notify the Fund of any rights, duties, limitations, conditions or other information set forth in any Security (including mandatory or optional put, call and similar provisions), but First Union shall forward to the Fund any notices or other documents subsequently received in regard to any security. When fractional shares of stock of a declaring corporation are received as a stock distribution, unless specifically instructed to the contrary in writing, First Union is authorized to sell the fraction received and credit the Fund's account. Unless specifically instructed to the contrary in writing, First Union is authorized to exchange Securities in bearer form for Securities in registered form. If any the Fund owns Property that is registered in the name of a nominee of Chase is called for partial redemption by First Union and the issuer of any such propertyProperty calls the Property for partial redemption, Chase First Union is authorized to allot the called portion to the respective beneficial holders of the Property in such a manner deemed to be it deems fair and equitable by Chase in its sole discretion; vii. forward to the Fund copies of all information or documents that it may receive from an issuer of Securities which, in the opinion of First Union, are intended for the Fund as the beneficial owner of Securities; and viii. execute, as First Union, any certificates of ownership, affidavits, declarations or other certificates for all foreign governments, federal and state tax purposes in connection with the collection or receipt of income, bond and note coupons, or other payments from Securities or in connection with transfers of Securities.

Appears in 1 contract

Samples: Mutual Fund Custody Agreement (PBHG Funds Inc /)

Collection of Income and Other Payments. Chase Wachovia shall: (i) i. collect and receive on a timely basis for the account of the Fund, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the Fund, and promptly advise the Fund of such the receipt and shall credit such the income, as collected, to the Fund. Without limiting the generality of the foregoing, Wachovia shall detach and present for payment all coupons and other income items requiring presentation as and when they become due and shall collect interest when due on Securities held hereunder. Income due the Fund on Securities loaned pursuant to the provisions of Paragraph 14 shall be the responsibility of the Fund. Wachovia will have no duty or responsibility in connection therewith, other than to provide the Fund with information or data as may be necessary to assist the Fund in arranging for the timely delivery to Wachovia of the income to which the Fund is properly entitled. From time to time, Chase Wachovia may elect, but shall not be so obligated, to credit the account Account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving the same from a payor, central depository, broker or other agent employed by the Fund or ChaseWachovia employs. Any such crediting and posting shall be at the Fund's sole risk, and Chase Wachovia shall be authorized to reverse any such advance posting in the event it Wachovia does not receive good funds from any such payor, central depository, broker or agent of the Customer. Chase agrees to promptly notify the Fund of the reversal of any such advance postingFund; (ii) . endorse and deposit for collection in the name of the Fund, checks, drafts, or other orders for the payment of money on the same day as received; (iii) . receive and hold for the account of the Fund all securities received by Securities the Fund receives as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities Securities of the Fund held by Chase Wachovia holds hereunder; (iv) . present for payment and collect the amount payable upon all securities Securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities the Securities become payable; (v) v. take any action which may be necessary and proper in connection with the collection and receipt of such the income and other payments and the endorsement for collection of checks, drafts and other negotiable instruments; and; (vi) to . effect an exchange of the securities shares where the par value of stock is changed, and to surrender securities Securities at maturity or upon when advised of an earlier call for redemption, redemption or when securities Securities otherwise become payableavailable, against payment therefore in accordance with accepted industry practice. The Fund understands that Wachovia subscribes to one or more nationally recognized services that provide information on calls for redemption of bonds or other corporate actions. Wachovia shall have no duty to notify the Fund of any rights, duties, limitations, conditions or other information set forth in any Security (including mandatory or optional put, call and similar provisions), but Wachovia shall forward to the Fund any notices or other documents subsequently received in regard to any security. When fractional shares of stock of a declaring corporation are received as a stock distribution, unless specifically instructed to the contrary in writing, Wachovia is authorized to sell the fraction received and credit the Fund's account. Unless specifically instructed to the contrary in writing, Wachovia is authorized to exchange Securities in bearer form for Securities in registered form. If any the Fund owns Property that is registered in the name of a nominee of Chase is called for partial redemption by Wachovia and the issuer of any such propertyProperty calls the Property for partial redemption, Chase Wachovia is authorized to allot the called portion to the respective beneficial holders of the Property in such a manner deemed to be it deems fair and equitable by Chase in its sole discretion; vii. forward promptly to the Fund copies of all information or documents that it may receive from an issuer of Securities which, in the opinion of Wachovia , are intended for the Fund as the beneficial owner of Securities; and viii. execute, as Wachovia , any certificates of ownership, affidavits, declarations or other certificates for all foreign governments, federal and state tax purposes in connection with the collection or receipt of income, bond and note coupons, or other payments from Securities or in connection with transfers of Securities.

Appears in 1 contract

Samples: Mutual Fund Custody Agreement (Advisors Inner Circle Fund II)

Collection of Income and Other Payments. Chase Wachovia shall: (i) : i. collect and receive on a timely basis for the account of the Fund, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the Fund, and promptly advise the Fund of such the receipt and shall credit such the income, as collected, to the Fund. Without limiting the generality of the foregoing, Wachovia shall detach and present for payment all coupons and other income items requiring presentation as and when they become due and shall collect interest when due on Securities held hereunder. Income due the Fund on Securities loaned pursuant to the provisions of Paragraph 12 shall be the responsibility of the Fund. Wachovia will have no duty or responsibility in connection therewith, other than to provide the Fund with information or data as may be necessary to assist the Fund in arranging for the timely delivery to Wachovia of the income to which the Fund is properly entitled. From time to time, Chase Wachovia may elect, but shall not be so obligated, to credit the account Account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving the same from a payor, central depository, broker or other agent employed by the Fund or ChaseWachovia employs. Any such crediting and posting shall be at the Fund's sole risk, and Chase Wachovia shall be authorized to reverse any such advance posting in the event it Wachovia does not receive good funds from any such payor, central depository, broker or agent of the CustomerFund; ii. Chase agrees to promptly notify the Fund of the reversal of any such advance posting; (ii) endorse and deposit for collection in the name of the Fund, checks, drafts, or other orders for the payment of money on the same day as received; (; iii) . receive and hold for the account of the Fund all securities received by Securities the Fund receives as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities Securities of the Fund held by Chase Wachovia holds hereunder; (; iv) . present for payment and collect the amount payable upon all securities Securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities the Securities become payable; (v) ; v. take any action which may be necessary and proper in connection with the collection and receipt of such the income and other payments and the endorsement for collection of checks, drafts and other negotiable instruments; and (vi) to . effect an exchange of the securities shares where the par value of stock is changed, and to surrender securities Securities at maturity or upon when advised of an earlier call for redemption, redemption or when securities Securities otherwise become payableavailable, against payment therefore therefor in accordance with accepted industry practice. The Fund understands that Wachovia subscribes to one or more nationally recognized services that provide information on calls for redemption of bonds or other corporate actions. Wachovia shall not be liable for failure to redeem any called bond or to take other action if any service to which it subscribes did not provide notice of the call or action, provided that Wachovia shall have acted in good faith without negligence and in accordance with "Street Practice" (as is customary in industry). Wachovia shall have no duty to notify the Fund of any rights, duties, limitations, conditions or other information set forth in any Security (including mandatory or optional put, call and similar provisions), but Wachovia shall forward to the Fund any notices or other documents subsequently received in regard to any security. When fractional shares of stock of a declaring corporation are received as a stock distribution, unless specifically instructed to the contrary in writing, Wachovia is authorized to sell the fraction received and credit the Fund's account. Unless specifically instructed to the contrary in writing, Wachovia is authorized to exchange Securities in bearer form for Securities in registered form. If the issuer of any Property registered in the name of a nominee of Chase is called Wachovia calls the Property for partial redemption by the issuer of such propertyredemption, Chase Wachovia is authorized to allot the called portion to the respective beneficial holders of the Property in such a manner deemed to be it deems fair and equitable by Chase in its sole discretion; vii. forward to the Fund copies of all information or documents that it may receive from an issuer of Securities which, in the opinion of Wachovia, are intended for the Fund as the beneficial owner of Securities; and viii. execute, as Wachovia, any certificates of ownership, affidavits, declarations or other certificates for all federal and state tax purposes in connection with the collection or receipt of income, bond and note coupons, or other payments from Securities or in connection with transfers of Securities.

Appears in 1 contract

Samples: Mutual Fund Custody Agreement (Madison Harbor Balanced Strategies Inc)

Collection of Income and Other Payments. Chase shallSub-Custodian shall subject to Paragraph 28(f) hereof: (i) collect and receive on a timely basis for the account of the any Fund, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the any Fund, and promptly advise the Fund Company and Custodian of such receipt and shall credit such income, as collected, to such Fund of the FundCompany. From time to time, Chase Sub-Custodian may elect, but shall not be so obligated, to credit the account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving same from a payor, central depository, Securities Depository, broker or other agent employed by the Fund Company or ChaseSub-Custodian. Any such crediting and posting shall be at the FundCompany's sole risk, and Chase Sub-Custodian shall be authorized to reverse (A) any such advance posting in the event it does not receive good funds from any such payor, central depository, Securities Depository, broker or agent of agent, and (B) any other payment or crediting, including, without limitation, payments made by check or draft, in the Customer. Chase agrees to promptly notify the Fund of the reversal of any such advance posting;event it does not receive good funds or final payment. (ii) with respect to securities of foreign issue, and subject to Paragraph 27 hereof, effect collection of dividends, interest and other income, and to promptly transmit to the Company and Custodian all reports, written information or notices actually received by Sub-Custodian as sub-custodian, including notices of any call for redemption, offer of exchange, right of subscription, reorganization, or other proceedings affecting such securities, or any default in payments due thereon. It is understood, however, that Sub-Custodian shall be under no responsibility for any failure or delay in effecting such collections or giving such notice with respect to securities of foreign issue, regardless of whether or not the relevant information is published in any financial service available to it unless such failure or delay is due to Sub-Custodian's own negligence. Collections of income in foreign currency are, to the extent possible, to be converted into United States dollars unless otherwise instructed in writing, and in effecting such conversion Sub-Custodian may use such methods or agencies as it may see fit, including the facilities of its own foreign division at customary rates. All risk and expenses incident to such collection and conversion are for the account of the Funds and Sub-Custodian shall have no responsibility for fluctuations in exchange rates affecting any such conversions. (iii) endorse and deposit for collection in the name of the FundCompany and each of its Funds, checks, drafts, or other orders for the payment of money on the same day as received; (iiiiv) receive and hold for the account of each of the Fund all Fund's securities received by the Fund Funds as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities of the Fund Funds held by Chase Sub-Custodian hereunder; (ivv) present for payment and collect the amount payable upon all securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities become payable, but, with respect to calls, early redemptions, or early retirements, only if Sub-Custodian either (i) receives a written notice of the same or (ii) notice of the same appears in one or more of the publications then listed in Appendix A hereto, which Appendix may be amended to add other publications at any time by Sub-Custodian without prior notice to or consent from the Company or Custodian and which may be amended to delete a publication with the prior notice and consent from the Company and Custodian; (vvi) subject to Paragraphs 28(e) and (f) hereof, take any action which may be necessary and proper in connection with the collection and receipt of such income and other payments and the endorsement for collection of checks, drafts and other negotiable instruments; andinstructions; (vivii) with respect to domestic securities, to exchange securities in temporary form for securities in definitive form, to effect an exchange of the securities shares where the par value of stock is changed, and to surrender securities at maturity or upon an when advised by the Company or the investment adviser to the Company of earlier call for redemption, or when securities otherwise become payable, against payment therefore therefor in accordance with accepted industry practice. When fractional shares of stock of a declaring corporation are received as a stock distribution, Sub-Custodian is authorized to sell the fraction received and credit the Company's account. Unless specifically instructed to the contrary in writing, Sub-Custodian is authorized to exchange securities in bearer form for securities in registered form. If any Property registered in the name of a nominee of Chase Sub-Custodian is called for partial redemption by the issuer of such propertyProperty, Chase Sub-Custodian is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase Sub-Custodian in its sole reasonable discretion.

Appears in 1 contract

Samples: Mutual Fund Custody and Sub Custody Agreement (Nations Fund Inc)

Collection of Income and Other Payments. Chase First Union shall: (i) i. collect and receive on a timely basis for the account of the Fund, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the Fund, and promptly advise the Fund of such the receipt and shall credit such the income, as collected, to the Fund. Without limiting the generality of the foregoing, First Union shall detach and present for payment all coupons and other income items requiring presentation as and when they become due and shall collect interest when due on Securities held hereunder. Income due the Fund on Securities loaned pursuant to the provisions of Paragraph 12 shall be the responsibility of the Fund. First Union will have no duty or responsibility in connection therewith, other than to provide the Fund with information or data as may be necessary to assist the Fund in arranging for the timely delivery to First Union of the income to which the Fund is properly entitled. From time to time, Chase First Union may elect, but shall not be so obligated, to credit the account Account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving the same from a payor, central depository, broker or other agent employed by the Fund or ChaseFirst Union employs. Any such crediting and posting shall be at the Fund's sole risk, and Chase First Union shall be authorized to reverse any such advance posting in the event it First Union does not receive good funds from any such payor, central depository, broker or agent of the Customer. Chase agrees to promptly notify the Fund of the reversal of any such advance postingFund; (ii) . endorse and deposit for collection in the name of the Fund, checks, drafts, or other orders for the payment of money on the same day as received;; -------------------------------------------------------------------------------- 14 (iii) . receive and hold for the account of the Fund all securities received by Securities the Fund receives as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities Securities of the Fund held by Chase First Union holds hereunder; (iv) . present for payment and collect the amount payable upon all securities Securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities the Securities become payable; (v) v. take any action which may be necessary and proper in connection with the collection and receipt of such the income and other payments and the endorsement for collection of checks, drafts and other negotiable instruments; and; (vi) to . effect an exchange of the securities shares where the par value of stock is changed, and to surrender securities Securities at maturity or upon when advised of an earlier call for redemption, redemption or when securities Securities otherwise become payableavailable, against payment therefore in accordance with accepted industry practice. The Fund understands that First Union subscribes to one or more nationally recognized services that provide information on calls for redemption of bonds or other corporate actions. First Union shall not be liable for failure to redeem any called bond or to take other action if any service to which it subscribes did not provide notice of the call or action, provided that First Union shall have acted in good faith without negligence and in accordance with "Street Practice" (as is customary in industry). First Union shall have no duty to notify the Fund of any rights, duties, limitations, conditions or other information set forth in any Security (including mandatory or optional put, call and similar provisions), but First Union shall forward to the Fund any notices or other documents subsequently received in regard to any security. When fractional shares of stock of a declaring corporation are received as a stock distribution, unless specifically instructed to the contrary in writing, First Union is authorized to sell the fraction received and credit the Fund's account. Unless specifically instructed to the contrary in writing, First Union is authorized to exchange Securities in bearer form for Securities in registered form. If the issuer of any Property registered in the name of a nominee of Chase is called First Union calls the Property for partial redemption by the issuer of such propertyredemption, Chase First Union is authorized to allot the called portion to the respective beneficial holders of the Property in such a manner deemed to be it deems fair and equitable by Chase in its sole discretion.; vii. forward to the Fund copies of all information or documents that it may receive from an issuer of Securities which, in the opinion of First Union, are intended for the Fund as the beneficial owner of Securities; and viii. execute, as First Union, any certificates of ownership, affidavits, declarations or other certificates for all federal and state tax purposes in connection with the collection or receipt of income, bond and note coupons, or other payments from Securities or in connection with transfers of Securities. -------------------------------------------------------------------------------- 15

Appears in 1 contract

Samples: Mutual Fund Custody Agreement (Ameritor Security Trust)

Collection of Income and Other Payments. Chase shall: (i1) collect and receive on a timely basis for the account of the Fund, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the Fund, and promptly advise the Fund of The Custodian will take such receipt and shall credit such income, action as collected, to the Fund. From time to time, Chase may elect, but shall not be obligated, to credit the account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving same from a payor, central depository, broker or other agent employed by the Fund or Chase. Any such crediting and posting shall be at the Fund's sole risk, and Chase shall be authorized to reverse any such advance posting in the event it does not receive good funds from any such payor, central depository, broker or agent of the Customer. Chase agrees to promptly notify the Fund of the reversal of any such advance posting; (ii) endorse and deposit for collection in the name of the Fund, checks, drafts, or other orders for the payment of money on the same day as received; (iii) receive and hold for the account of the Fund all securities received by the Fund as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities of the Fund held by Chase hereunder; (iv) present for payment and collect the amount payable upon all securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities become payable; (v) take any action which may be necessary and proper in connection with the collection collection, receipt and receipt deposit of such income and other payments and payments, including but not limited to the endorsement presentation for collection of checks, drafts payment of: a) All coupons and other negotiable instrumentsincome items requiring presentation; b) All other Securities which may mature; and (vic) to effect an exchange All other Securities that may be called, redeemed, exchanged, retired or otherwise become payable and regarding which the Custodian has notice which is contained in publications of the securities where the par value is changed, and type to surrender securities at maturity or upon an earlier call which it normally subscribes for redemptionsuch purpose, or when securities otherwise become payableactual knowledge if not so published. i) Unless it receives specific Instructions, against payment therefore the Custodian shall have no liability for its failure to exchange or surrender any security under the circumstances described herein if, at the time of its deposit, purchase or other receipt by the Custodian, the security had been called, exchanged, redeemed or been subject to similar prior action. ii) Should any Securities held in accordance with accepted industry practice. If any Property registered in the name of a nominee of Chase is central depository system be called for a partial redemption by the issuer of such propertythereof, Chase is authorized to the Custodian shall allot the called portion among its beneficial holders in accordance with its random selection process. (2) The Custodian shall execute ownership and other certificates and affidavits for all federal, state and local tax purposes in connection with the collection of bonds, notes and coupons. (3) The Custodian will take such action as may be necessary and proper in connection with endorsement for collection, in the name of the Fund or its nominee or the Custodian or its nominee, of all checks, drafts or other negotiable instruments. (4) The Custodian, however, will not be required to institute suit or take other extraordinary action to enforce collection except upon receipt of Instructions and upon being indemnified to its satisfaction against the costs and expenses of such suit or other actions. (5) The Custodian will deal with stock rights pursuant to Instructions. Unless prior Instructions have been received to the respective beneficial holders contrary, the Custodian will sell any rights held on the last trade date prior to the date of expiration of such rights. (6) Subject to the Property provisions of paragraph (n)(l)(c) of this Section 5, the Custodian shall promptly notify the Fund of any default in payment of funds on securities that have matured, been called, or redeemed. (7) The Custodian will assist the Fund by advising it, to the extent the Custodian has notice which is contained in publications to which it normally subscribes for such purposes, or actual knowledge if not so published, of all announcements of reorganizations, mergers, consolidations, recapitalizations, or rights or privileges to subscribe, convert, exchange, put, redeem or tender securities subject to this Agreement. In this regard Custodian will use its best efforts to convey such information to the Fund in a timely manner deemed based on the circumstances of each particular case. Whenever any such rights or privileges exist, the Fund will provide Custodian with timely Instructions. Absent Custodian's timely receipt of such Instructions, Custodian shall not be liable for not taking any action or not exercising such rights prior to be fair and equitable by Chase their expiration. For purposes of this subparagraph, "timely" shall have the same meaning as in its sole discretionparagraph (q)(10) below.

Appears in 1 contract

Samples: Mutual Fund Custody Agreement (Universal Capital Investment Trust)

Collection of Income and Other Payments. Chase The Custodian shall: (i) collect and receive on a timely basis for the account of any Fund of the FundTrust, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of any Fund of the FundTrust, and promptly advise the Fund Trust of such receipt and shall credit such incomeincome and other payments and distributions, as collected, to such Fund of the FundTrust. From time to time, Chase the Custodian may elect, but shall not be so obligated, to credit the account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving same from a payor, central depository, broker or other agent employed by the Fund Trust or Chasethe Custodian. Any such crediting and posting shall be at the FundTrust's sole risk, and Chase the Custodian shall be authorized to reverse any such advance posting positing in the event it does not receive good funds from any such payor, central depository, broker or agent of the Customer. Chase agrees to promptly notify the Fund of the reversal of any such advance postingagent; (ii) endorse and deposit for collection in the name of the FundTrust and each of its Funds, checks, drafts, or other orders for the payment of money on the same day as received; (iii) receive and hold for the account of each of the Fund Funds all securities received by the Fund Trust as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities of the Fund Trust held by Chase the Custodian hereunder; (iv) present for payment and collect the amount payable upon all securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities become payable; (v) take any action which may be necessary and proper in connection with the collection and receipt of such income and other payments and the endorsement for collection of checks, drafts and other negotiable instruments; andinstructions; (vi) to effect an exchange of the securities shares where the par value of stock is changed, and to surrender securities at maturity or upon an when advised of earlier call for redemption, or when securities otherwise become payable, against payment therefore in accordance with accepted local industry practice. When fractional shares of stock of a declaring corporation are received as a stock distribution, the Custodian shall, unless directed otherwise, sell the fraction received and credit the Trust's account. Unless specifically instructed to the contrary in writing, the Custodian is authorized to exchange securities in bearer form for securities in registered form. If any Property registered in the name of a nominee of Chase the Custodian is called for partial redemption by the issuer of such propertyProperty, Chase the Custodian is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase the Custodian in its sole discretion; and (vii) in general, attend to all non-discretionary details in connection with the sale, exchange, substitution, purchase, transfer and other dealings with the securities and property of the Fund except as otherwise directed by the Board of Trustees of the Trust.

Appears in 1 contract

Samples: Mutual Fund Custody Agreement (Galaxy Fund Ii)

Collection of Income and Other Payments. Chase shallCustodian shall --------------------------------------- subject to Paragraph 28(f) hereof: (i) collect Collect and receive on a timely basis for the account of the Fundany Master Portfolio, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the Fundany Master Portfolio, and promptly advise the Fund Master Trust of such receipt and shall credit such income, as collected, to the Fundsuch Master Portfolio of Master Trust. From time to time, Chase Custodian may elect, but shall not be so obligated, to credit the account with interest, dividends or principal payments on the payable or contractual settlement date, in anticipation of receiving same from a payor, central depository, Securities Depository, broker or other agent employed by the Fund Master Trust or ChaseCustodian. Any such crediting and posting shall be at the FundMaster Trust's sole risk, and Chase Custodian shall be authorized to reverse (A) any such advance posting in the event it does not receive good funds from any such payor, central depository, Securities Depository, broker or agent of agent, and (B) any other payment or crediting, including, without limitation, payments made by check or draft, in the Customer. Chase agrees to promptly notify the Fund of the reversal of any such advance postingevent it does not receive good funds or final payment; (ii) endorse With respect to securities of foreign issue, and subject to Paragraph 27 hereof, effect collection of dividends, interest and other income, and to promptly transmit to Master Trust all reports, written information or notices actually received by Custodian as Custodian, including notices of any call for redemption, offer of exchange, right of subscription, reorganization, or other proceedings affecting such securities, or any default in payments due thereon. It is understood, however, that Custodian shall be under no responsibility for any failure or delay in effecting such collections or giving such notice with respect to securities of foreign issue, regardless of whether or not the relevant information is published in any financial service available to it unless such failure or delay is due to Custodian's own negligence. Collections of income in foreign currency are, to the extent possible, to be converted into United States dollars unless otherwise instructed in writing, and in effecting such conversion Custodian may use such methods or agencies as it may see fit, including the facilities of its own foreign division at customary rates. All risk and expenses incident to such collection and conversion are for the account of the Master Portfolios and Custodian shall have no responsibility for fluctuations in exchange rates affecting any such conversions; (iii) Endorse and deposit for collection in the name of the FundMaster Trust and each of its Master Portfolios, checks, drafts, or other orders for the payment of money on the same day as received; (iiiiv) receive Receive and hold for the account of each of the Fund all Master Portfolio's securities received by the Fund Master Portfolios as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities of the Fund Master Portfolios held by Chase Custodian hereunder; (ivv) present Present for payment and collect the amount payable upon all securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities become payable, but, with respect to calls, early redemptions, or early retirements, only if Custodian either: (i) receives a written notice of the same, or (ii) notice of the same appears in one or more of the publications then listed in Appendix A hereto, which Appendix may be amended to add other publications at any time by Custodian without prior notice to or consent from Master Trust and which may be amended to delete a publication with the prior notice and consent from Master Trust; (vvi) Subject to Paragraphs 28(e) and (f) hereof, take any action which may be necessary and proper in connection with the collection and receipt of such income and other payments and the endorsement for collection of checks, drafts and other negotiable instrumentsinstructions; and (vivii) With respect to domestic securities, to exchange securities in temporary form for securities in definitive form, to effect an exchange of the securities shares where the par value of stock is changed, and to surrender securities at maturity or upon when advised by Master Trust or the investment adviser to Master Trust of an earlier call for redemption, or when securities otherwise become payable, against payment therefore therefor in accordance with accepted industry practice. When fractional shares of stock of a declaring corporation are received as a stock distribution, Custodian is authorized to sell the fraction received and credit Master Trust's account. Unless specifically instructed to the contrary in writing, Custodian is authorized to exchange securities in bearer form for securities in registered form. If any Property registered in the name of a nominee of Chase Custodian is called for partial redemption by the issuer of such propertyProperty, Chase Custodian is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase Custodian in its sole reasonable discretion.

Appears in 1 contract

Samples: Custody Agreement (Nations Master Investment Trust)

Collection of Income and Other Payments. Chase First Union shall: (i) i. collect and receive on a timely basis for the account of the Fund, all income and other payments and distributions, including (without limitation) stock dividends, rights, warrants and similar items, included or to be included in the Property of the Fund, and promptly advise the Fund of such the receipt and shall credit such the income, as collected, to the Fund. Without limiting the generality of the foregoing, First Union shall detach and present for payment all coupons and other income items requiring presentation as and when they become due and shall collect interest when due on Securities held hereunder. Income due the Fund on Securities loaned pursuant to the provisions of Paragraph 12 shall be the responsibility of the Fund. First Union will have no duty or responsibility in connection therewith, other than to provide the Fund with information or data as may be necessary to assist the Fund in arranging for the timely delivery to First Union of the income to which the Fund is properly entitled. From time to time, Chase First Union may elect, but shall not be so obligated, to credit the account Account with interest, dividends or principal payments on payable or contractual settlement date, in anticipation of receiving the same from a payor, central depository, broker or other agent employed by the Fund or ChaseFirst Union employs. Any such crediting and posting shall be at the Fund's sole risk, and Chase First Union shall be authorized to reverse any such advance posting in the event it First Union does not receive good funds from any such payor, central depository, broker or agent of the Customer. Chase agrees to promptly notify the Fund of the reversal of any such advance postingFund; (ii) . endorse and deposit for collection in the name of the Fund, checks, drafts, or other orders for the payment of money on the same day as received; (iii) . receive and hold for the account of the Fund all securities received by Securities the Fund receives as a result of a stock dividend, share split-up or reorganization, merger, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any portfolio securities Securities of the Fund held by Chase First Union holds hereunder; (iv) . present for payment and collect the amount payable upon all securities Securities which may mature or be called, redeemed or retired, or otherwise become payable on the date such securities the Securities become payable; (v) v. take any action which may be necessary and proper in connection with the collection and receipt of such the income and other payments and the endorsement for collection of checks, drafts and other negotiable instruments; and; (vi) to . effect an exchange of the securities shares where the par value of stock is changed, and to surrender securities Securities at maturity or upon when advised of an earlier call for redemption, redemption or when securities Securities otherwise become payableavailable, against payment therefore in accordance with accepted industry practice. The Fund understands that First Union subscribes to one or more nationally recognized services that provide information on calls for redemption of bonds or other corporate actions. First Union shall not be liable for failure to redeem any called bond or to take other action if any service to which it subscribes did not provide notice of the call or action, provided that First Union shall have acted in good faith without negligence and in accordance with "Street Practice" (as is customary in industry). First Union shall have no duty to notify the Fund of any rights, duties, limitations, conditions or other information set forth in any Security (including mandatory or optional put, call and similar provisions), but First Union shall forward to the Fund any notices or other documents subsequently received in regard to any security. When fractional shares of stock of a declaring corporation are received as a stock distribution, unless specifically instructed to the contrary in writing, First Union is authorized to sell the fraction received and credit the Fund's account. Unless specifically instructed to the contrary in writing, First Union is authorized to exchange Securities in bearer form for Securities in registered form. If the issuer of any Property registered in the name of a nominee of Chase is called First Union calls the Property for partial redemption by the issuer of such propertyredemption, Chase First Union is authorized to allot the called portion to the respective beneficial holders of the Property in such a manner deemed to be it deems fair and equitable by Chase in its sole discretion; vii. forward to the Fund copies of all information or documents that it may receive from an issuer of Securities which, in the opinion of First Union, are intended for the Fund as the beneficial owner of Securities; and viii. execute, as First Union, any certificates of ownership, affidavits, declarations or other certificates for all federal and state tax purposes in connection with the collection or receipt of income, bond and note coupons, or other payments from Securities or in connection with transfers of Securities.

Appears in 1 contract

Samples: Mutual Fund Custody Agreement (Ameritor Investment Fund)

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