Common use of COMMUNICATIONS RELATING TO FOREIGN SECURITIES Clause in Contracts

COMMUNICATIONS RELATING TO FOREIGN SECURITIES. The --------------------------------------------- Custodian shall transmit promptly to the applicable Fund written information with respect to materials received by the Custodian via the Foreign Sub-Custodians from issuers of the foreign securities being held for the account of the Portfolios (including, without limitation, pendency of calls and maturities of foreign securities and expirations of rights in connection therewith). With respect to tender or exchange offers, the Custodian shall transmit promptly to the applicable Fund written information with respect to materials so received by the Custodian 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. The Custodian 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 Portfolios at any time held by it unless (i) the Custodian or the respective Foreign Sub-Custodian is in actual possession of such foreign securities or property and (ii) the Custodian receives Proper Instructions with regard to the exercise of any such right or power, and both (i) and (ii) occur at least two (2) business days prior to the date on which the Custodian is to take action to exercise such right or power.

Appears in 8 contracts

Samples: Master Custodian Agreement (Smith Barney Concert Series Inc), Master Custodian Agreement (Smith Barney Intermediate Municipal Fund Inc), Master Custodian Agreement (Smith Barney Investment Funds Inc /Md/)

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COMMUNICATIONS RELATING TO FOREIGN SECURITIES. The --------------------------------------------- Custodian shall transmit promptly to the applicable Fund Company written information with respect to materials received by the Custodian via the Foreign Sub-Custodians from issuers of the foreign securities or other property (including cash equivalents as may be appropriate) being held for the account of the Portfolios Company (including, without limitation, pendency of calls and maturities of foreign securities and expirations of rights in connection therewith). With respect to tender or exchange offers, the Custodian shall transmit promptly to the applicable Fund Company written information with respect to materials so received by the Custodian 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. The Custodian 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 Portfolios Company at any time held by it unless (i) the Custodian or the respective Foreign Sub-Custodian is in actual or effective possession of such foreign securities or property and (ii) the Custodian receives Proper Instructions with regard to the exercise of any such right or power, and both (i) and (ii) occur at least two (2) three business days prior to the date on which the Custodian is to take action to exercise such right or power.

Appears in 7 contracts

Samples: Custodian Contract (Phillip Street Middle Market Lending Fund LLC), Master Custodian Contract (Goldman Sachs Private Markets Fund 2018 (A) LLC), Master Custodian Contract (Goldman Sachs Private Markets Fund 2018 (B) LLC)

COMMUNICATIONS RELATING TO FOREIGN SECURITIES. The --------------------------------------------- Custodian shall transmit promptly to the applicable Fund written information with respect to materials received by the Custodian via the Foreign Sub-Custodians from issuers of the foreign securities being held for the account of the Portfolios (including, without limitation, pendency of calls and maturities of foreign securities and expirations of rights in connection therewith). With respect to tender or exchange offers, the Custodian shall transmit promptly to the applicable Fund written information with respect to materials so received by the Custodian 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. The Custodian 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 Portfolios at any time held by it unless (i) the Custodian or the respective Foreign Sub-Custodian is in actual possession of such foreign securities or property and (ii) the Custodian receives Proper Instructions with regard to the exercise of any such right or power, and both (i) and (ii) occur at least two (2) three business days prior to the date on which the Custodian is to take action to exercise such right or power; or (iii) such untimely exercise is due to the Custodian's negligence of willful misconduct.

Appears in 6 contracts

Samples: Custodian Contract (Janus Adviser Series), Custodian Contract (Janus Aspen Series), Custodian Contract (Janus Investment Fund)

COMMUNICATIONS RELATING TO FOREIGN SECURITIES. The --------------------------------------------- Custodian shall transmit promptly to the applicable Fund Client written information with respect to materials received by the Custodian via the Foreign Sub-Custodians from issuers of the foreign securities Foreign Securities being held for the account of the Portfolios Client (including, without limitation, pendency of calls and maturities of foreign securities Foreign Securities and expirations of rights in connection therewith). With respect to tender or exchange offers, the Custodian shall transmit promptly to the applicable Fund Client written information with respect to materials so received by the Custodian from issuers of the foreign securities Foreign Securities whose tender or exchange is sought or from the party (or its agents) making the tender or exchange offer. The Custodian shall not be liable for any untimely exercise of any tender, exchange or other right or power in connection with foreign securities Foreign Securities or other property of the Portfolios Client at any time held by it unless (i) the Custodian or the respective Foreign Sub-Custodian is in actual possession of such foreign securities Foreign Securities or property and (ii) the Custodian receives Proper Authorized Instructions with regard to the exercise of any such right or power, and both (i) and (ii) occur at least two three (23) business days prior to the date on which the Custodian is to take action to exercise such right or power.

Appears in 6 contracts

Samples: Custody Agreement (Lincoln National Capital Appreciation Fund Inc), Custody Agreement (Lincoln National Aggressive Growth Fund Inc), Custody Agreement (Lincoln National Variable Annuity Fund A)

COMMUNICATIONS RELATING TO FOREIGN SECURITIES. The --------------------------------------------- Custodian shall transmit promptly to the applicable Fund Funds and KCM written information with respect to materials received by the Custodian via the Foreign Sub-Custodians from issuers of the foreign securities being held for the account of the Portfolios Funds (including, without limitation, pendency of calls and maturities of foreign securities and expirations of rights in connection therewith). With respect to tender or exchange offers, the Custodian shall transmit promptly to the applicable Fund Funds and KCM written information with respect to materials so received by the Custodian 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. The Custodian 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 Portfolios Funds at any time held by it unless (i) the Custodian or the respective Foreign Sub-Custodian is in actual possession of such foreign securities or property and (ii) the Custodian receives Proper Instructions with regard to the exercise of any such right or power, and both (i) and (ii) occur at least two (2) three business days prior to the date on which the Custodian is to take action to exercise such right or power.

Appears in 5 contracts

Samples: Custody Agreement (Buffalo Funds), Custody Agreement (Buffalo Funds), Custody Agreement (Buffalo Funds)

COMMUNICATIONS RELATING TO FOREIGN SECURITIES. The Custodian --------------------------------------------- Custodian shall transmit promptly to the applicable Fund written information with respect to materials (including, without limitation, pendency of calls and maturities of foreign securities and expirations of rights in connection therewith) received by the Custodian via the Foreign Sub-Custodians from issuers of the foreign securities being held for the account of the Portfolios (including, without limitation, pendency of calls and maturities of foreign securities and expirations of rights in connection therewith)Portfolios. With respect to tender or exchange offers, the Custodian shall transmit promptly to the applicable Fund written information with respect to materials so received by the Custodian 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. The Custodian 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 Portfolios at any time held by it unless (i) the Custodian or the respective Foreign Sub-Custodian is in actual possession of such foreign securities or property and (ii) the Custodian receives Proper Instructions with regard to the exercise of any such right or power, and both (i) and (ii) occur at least two (2) three business days prior to the date on which the Custodian is to take action to exercise such right or power.

Appears in 3 contracts

Samples: Custodian Agreement (Security Capital U S Real Estate Shares Inc), Custodian Agreement (Holland Series Fund Inc), Custodian Agreement (Security Capital U S Real Estate Shares Inc)

COMMUNICATIONS RELATING TO FOREIGN SECURITIES. The --------------------------------------------- Custodian shall transmit promptly to the applicable Fund written information with respect to materials (including, without limitation, pendency of calls and maturities of foreign securities and expirations of rights in connection therewith) received by the Custodian via the Foreign Sub-Custodians from issuers of the foreign securities being held for the account of the Portfolios (including, without limitation, pendency of calls and maturities of foreign securities and expirations of rights in connection therewith)Portfolios. With respect to tender or exchange offers, the Custodian shall transmit promptly to the applicable Fund written information with respect to materials so received by the Custodian 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. The Custodian 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 Portfolios at any time held by it unless (i) the Custodian or the respective Foreign Sub-Custodian is in actual possession of such foreign securities or property and (ii) the Custodian receives Proper Instructions with regard to the exercise of any such right or power, and both (i) and (ii) occur at least two (2) three business days prior to the date on which the Custodian is to take action to exercise such right or power.

Appears in 3 contracts

Samples: Exhibit G Custodian Agreement (Sun Capital Advisers Trust), Custodian Agreement (Security Capital U S Real Estate Shares Inc), Custodian Agreement (Sun Capital Advisers Trust)

COMMUNICATIONS RELATING TO FOREIGN SECURITIES. The --------------------------------------------- Custodian shall transmit promptly to the applicable Fund written information with respect to materials received by the Custodian via the Foreign Sub-Custodians from issuers of the foreign securities being held for the account of the Portfolios Fund (including, without limitation, pendency of calls and maturities of foreign securities and expirations of rights in connection therewith). With respect to tender or exchange offers, the Custodian shall transmit promptly to the applicable Fund written information with respect to materials so received by the Custodian 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. The Absent negligence on the part of the Custodian, the Custodian 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 Portfolios Fund at any time held by it unless (i) the Custodian or the respective Foreign Sub-Custodian is in actual possession of such foreign securities or property and (ii) the Custodian receives Proper Instructions with regard to the exercise of any such right or power, and both (i) and (ii) occur at least two (2) three business days prior to the date on which the Custodian is to take action to exercise such right or power.

Appears in 3 contracts

Samples: Custodian Contract (Scudder Total Return Fund), Custodian Contract (Scudder Blue Chip Fund), Custodian Contract (Scudder Technology Fund)

COMMUNICATIONS RELATING TO FOREIGN SECURITIES. The Custodian --------------------------------------------- Custodian shall transmit promptly to the applicable Fund written information with respect to materials received by the Custodian via the Foreign Sub-Custodians from issuers of the foreign securities being held for the account of the Portfolios (including, without limitation, pendency of calls and maturities of foreign securities and expirations of rights in connection therewith). With respect to tender or exchange offers, the Custodian shall transmit promptly to the applicable Fund written information with respect to materials so received by the Custodian 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. The Custodian 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 Portfolios at any time held by it unless (i) the Custodian or the respective Foreign Sub-Custodian is in actual possession of such foreign securities or property and (ii) the Custodian receives Proper Instructions with regard to the exercise of any such right or power, and both (i) and (ii) occur at least two (2) business days prior to the date on which the Custodian is to take action to exercise such right or power.

Appears in 3 contracts

Samples: Master Custodian Agreement (Smith Barney Money Funds Inc), Master Custodian Agreement (Smith Barney Investment Trust), Master Custodian Agreement (Smith Barney Funds Inc)

COMMUNICATIONS RELATING TO FOREIGN SECURITIES. The --------------------------------------------- Custodian shall transmit promptly to the applicable Fund written information with respect to materials received by the Custodian via the Foreign Sub-Custodians from issuers of the foreign securities being held for the account of the Portfolios (including, without limitation, pendency of calls and maturities of foreign securities and expirations of rights in connection therewith). With respect to tender or exchange offers, the Custodian shall transmit promptly to the applicable Fund written information with respect to materials so received by the Custodian 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. The Subject to the provisions of Section 14, the Custodian 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 Portfolios at any time held by it unless (i) the Custodian or the respective Foreign Sub-Custodian is in actual possession of such foreign securities or property and (ii) the Custodian receives Proper Instructions with regard to the exercise of any such right or power, and both (i) and (ii) occur at least two (2) business days prior to the date on which the Custodian is to take action to exercise such right or power.

Appears in 2 contracts

Samples: Custodian Agreement (First Eagle Overseas Variable Fund), Custodian Agreement (First Eagle Funds)

COMMUNICATIONS RELATING TO FOREIGN SECURITIES. The Custodian --------------------------------------------- Custodian shall transmit promptly to the applicable Fund Partnership written information with respect to materials received by the Custodian via the Foreign Sub-Custodians from issuers of the foreign securities being held for the account of the Portfolios Partnership (including, without limitation, pendency of calls and maturities of foreign securities and expirations of rights in connection therewith). With respect to tender or exchange offers, the Custodian shall transmit promptly to the applicable Fund Partnership written information with respect to materials so received by the Custodian 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. The Custodian 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 Portfolios Partnership at any time held by it unless (i) the Custodian or the respective Foreign Sub-Custodian is in actual possession of such foreign securities or property and (ii) the Custodian receives Proper Instructions with regard to the exercise of any such right or power, and both (i) and (ii) occur at least two (2) three business days prior to the date on which the Custodian is to take action to exercise such right or power.

Appears in 2 contracts

Samples: Custodian Agreement (Morgan Stanley Institutional Fund of Hedge Funds Lp), Custodian Agreement (Morgan Stanley Institutional Fund of Hedge Funds Lp)

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COMMUNICATIONS RELATING TO FOREIGN SECURITIES. The --------------------------------------------- Custodian shall transmit --------------------------------------------- promptly to the applicable Fund written information with respect to materials received by the Custodian via the Foreign Sub-Custodians from issuers of the foreign securities being held for the account of the Portfolios (including, without limitation, pendency of calls and maturities of foreign securities and expirations of rights in connection therewith). With respect to tender or exchange offers, the Custodian shall transmit promptly to the applicable Fund written information with respect to materials so received by the Custodian 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. The Custodian 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 Portfolios at any time held by it unless (i) the Custodian or the respective Foreign Sub-Custodian is in actual possession of such foreign securities or property and (ii) the Custodian receives Proper Instructions with regard to the exercise of any such right or power, and both (i) and (ii) occur at least two (2) three business days prior to the date on which the Custodian is to take action to exercise such right or power.

Appears in 2 contracts

Samples: Custodian Contract (Cigna Variable Products Group), Custodian Contract (Loomis Sayles Investment Trust)

COMMUNICATIONS RELATING TO FOREIGN SECURITIES. The --------------------------------------------- Custodian _____________________________________________ shall transmit promptly to the applicable Fund written information with respect to materials received by the Custodian via the Foreign Sub-Custodians from issuers of the foreign securities being held for the account of the Portfolios (including, without limitation, pendency of calls and maturities of foreign securities and expirations of rights in connection therewith). With respect to tender or exchange offers, the Custodian shall transmit promptly to the applicable Fund written information with respect to materials so received by the Custodian 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. The Custodian 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 Portfolios at any time held by it unless (i) the Custodian or the respective Foreign Sub-Custodian is in actual possession of such foreign securities or property and (ii) the Custodian receives Proper Instructions with regard to the exercise of any such right or power, and both (i) and (ii) occur at least two (2) three business days prior to the date on which the Custodian is to take action to exercise such right or power.

Appears in 1 contract

Samples: Master Custodian Agreement (Travelers Series Trust)

COMMUNICATIONS RELATING TO FOREIGN SECURITIES. The --------------------------------------------- Custodian shall transmit promptly to the applicable Fund each Client written information with respect to materials received by the Custodian via the Foreign Sub-Custodians from issuers of the foreign securities Foreign Securities being held for the account of the Portfolios Client (including, without limitation, pendency of calls and maturities of foreign securities Foreign Securities and expirations of rights in connection therewith). With respect to tender or exchange offers, the Custodian shall transmit promptly to the applicable Fund Client written information with respect to materials so received by the Custodian from issuers of the foreign securities Foreign Securities whose tender or exchange is sought or from the party (or its agents) making the tender or exchange offer. The Custodian shall not be liable for any untimely exercise of any tender, exchange or other right or power in connection with foreign securities Foreign Securities or other property of the Portfolios Client at any time held by it unless (i) the Custodian or the respective Foreign Sub-Custodian is in actual possession of such foreign securities Foreign Securities or property and (ii) the Custodian receives Proper Authorized Instructions with regard to the exercise of any such right or power, and both (i) and (ii) occur at least two three (23) business days prior to the date on which the Custodian is to take action to exercise such right or power.

Appears in 1 contract

Samples: Custody Agreement (Lincoln National Aggressive Growth Fund Inc)

COMMUNICATIONS RELATING TO FOREIGN SECURITIES. The --------------------------------------------- Custodian shall transmit promptly to the applicable Fund written information with respect to materials received by the Custodian via the Foreign Sub-Custodians from issuers of the foreign securities being held for the account of the Portfolios Portfolio(s) (including, without limitation, pendency of calls and maturities of foreign securities and expirations of rights in connection therewith). With respect to tender or exchange offers, the Custodian shall transmit promptly to the applicable Fund written information with respect to materials so received by the Custodian 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. The Custodian 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 Portfolios Portfolio(s) at any time held by it unless (i) the Custodian or the respective Foreign Sub-Custodian is in actual possession of such foreign securities or property and (ii) the Custodian receives Proper Instructions with regard to the exercise of any such right or power, and both (i) and (ii) occur at least two (2) three business days prior to the date on which the Custodian is to take action to exercise such right or power.

Appears in 1 contract

Samples: Custodian Agreement (Metropolitan Series Fund Ii)

COMMUNICATIONS RELATING TO FOREIGN SECURITIES. The --------------------------------------------- Custodian shall transmit promptly to the applicable Fund written information with respect to materials received by the Custodian via the Foreign Sub-Custodians from issuers of the foreign securities being held for the account of the Portfolios (including, without limitation, pendency of calls and maturities of foreign securities and expirations of rights in connection therewith). With respect to tender or exchange offers, the Custodian shall transmit promptly to the applicable Fund written information with respect to materials so received by the Custodian 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. The Custodian 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 Portfolios at any time held by it unless (i) the Custodian or the respective Foreign Sub-Custodian is in actual possession of such foreign securities or property and (ii) the Custodian receives Proper Instructions with regard to the exercise of any such right or power, and both (i) and (ii) occur at least two (2) three business days prior to the date on which the Custodian is to take action to exercise such right or power.

Appears in 1 contract

Samples: Custodian Agreement (General American Capital Co)

COMMUNICATIONS RELATING TO FOREIGN SECURITIES. The --------------------------------------------- ---------------------------------------------- Custodian shall transmit promptly to the applicable Fund written information with respect to materials received by the Custodian via the Foreign Sub-Custodians from issuers of the foreign securities being held for the account of the Portfolios (including, without limitation, pendency of calls and maturities of foreign securities and expirations of rights in connection therewith). With respect to tender or exchange offers, the Custodian shall transmit promptly to the applicable Fund written information with respect to materials so received by the Custodian 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. The Custodian 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 Portfolios at any time held by it unless (i) the Custodian or the respective Foreign Sub-Custodian is in actual possession of such foreign securities or property and (ii) the Custodian receives Proper Instructions with regard to the exercise of any such right or power, and both (i) and (ii) occur at least two (2) three business days prior to the date on which the Custodian is to take action to exercise such right or power.

Appears in 1 contract

Samples: Custodian Agreement (Davis New York Venture Fund Inc)

COMMUNICATIONS RELATING TO FOREIGN SECURITIES. The --------------------------------------------- ---------------------------------------------- Custodian shall transmit promptly to the applicable Fund written information with respect to materials received by the Custodian via the Foreign Sub-Custodians from issuers of the foreign securities being held for the account of the Portfolios (including, without limitation, pendency of calls and maturities of foreign securities and expirations of rights in connection therewith). With respect to tender or exchange offers, the Custodian shall transmit promptly to the applicable Fund written information with respect to materials so received by the Custodian 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. The Custodian 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 Portfolios at any time held by it unless (i) the Custodian or the respective Foreign Sub-Custodian is in actual possession of such foreign securities or property and (ii) the Custodian receives Proper Instructions with regard to the exercise of any such right or power, and both (i) and (ii) occur at least two (2) business days prior to the date on which the Custodian is to take action to exercise such right or power.

Appears in 1 contract

Samples: Master Custodian Agreement (Smith Barney Appreciation Fund Inc)

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