Communications Relating to Fund Securities. Except with respect to Fund property released and delivered pursuant to Section 2.2(15), or purchased pursuant to Section 2.6(7), and subject to the provisions of Section 2.3, the Custodian shall transmit promptly to the Fund all written information (including, without limitation, pendency of calls and maturities of domestic securities and expirations of rights in connection therewith and notices of exercise of call and put options written by the Fund and the maturity of futures Agreements purchased or sold by the Fund) received by the Custodian from issuers of the securities being held for the Fund. With respect to tender or exchange offers, the Custodian shall transmit promptly to the Fund all written information received by the Custodian from issuers of the securities whose tender or exchange is sought and from the party (or his 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 domestic securities or other property of the Fund at any time held by it unless (i) the Custodian is in actual possession of such domestic 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 three business days prior to the date on which the Custodian is to take action to exercise such right or power. The Custodian shall also transmit promptly to the Fund all written information received by the Custodian regarding any class action or other litigation in connection with Fund securities or other assets issued in the United States and then held, or previously held, during the term of this Agreement by the Custodian for the account of the Fund, including, but not limited to, opt-out notices and proof-of-claim forms. For avoidance of doubt, upon and after the effective date of any termination of this Agreement, with respect to a Fund, the Custodian shall have no responsibility to so transmit any information under this Section 2.13.
Appears in 2 contracts
Samples: Master Custodian Agreement (Transamerica Series Trust), Master Custodian Agreement (Transamerica Funds)
Communications Relating to Fund Securities. Except with respect to Fund property released and delivered pursuant to Section 2.2(152.2(14), or purchased pursuant to Section 2.6(7), and subject to the provisions of Section 2.3, the Custodian shall transmit promptly to the Fund all written information (including, without limitation, pendency of calls and maturities of domestic securities and expirations of rights in connection therewith and notices of exercise of call and put options written by the Fund and the maturity of futures Agreements contracts purchased or sold by the Fund) received by the Custodian from issuers of the securities being held for the Fund. With respect to tender or exchange offers, the Custodian shall transmit promptly to the Fund all written information received by the Custodian from issuers of the securities whose tender or exchange is sought and from the party (or his its agents) making the tender or exchange offer. The Custodian shall not be liable for If the Fund desires to take action with respect to any untimely exercise of any tendertender offer, exchange offer or any other right or power in connection with domestic securities or other property of similar transaction, the Fund at any time held by it unless (i) shall notify the Custodian is in actual possession of such domestic 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 three business days prior to the date on which the Custodian is to take action to exercise such right or poweraction. The Custodian shall also transmit promptly to the Fund all written information received by the Custodian regarding any class action or other litigation in connection with Fund securities or other assets issued in the United States and then held, or previously held, held during the term of this Agreement by the Custodian for the account of the Fund, including, but not limited to, opt-out notices and proof-of-claim forms. For avoidance of doubt, upon and after the effective date of any termination of this Agreement, Agreement with respect to a Fund, as may be applicable, the Custodian shall have no responsibility to so transmit any information under this Section 2.13.
Appears in 2 contracts
Samples: Custodian Agreement (Evergreen Diversified Income Opportunties Fund), Custodian Agreement (Evergreen Global Dividend Opportunity Fund)
Communications Relating to Fund Securities. Except with respect to Fund property released and delivered pursuant to Section 2.2(15), or purchased pursuant to Section 2.6(7), and subject Subject to the provisions of Section 2.33.3, the Custodian shall transmit promptly to the Trust for each Fund all written information with respect to materials received by the Custodian (including, without limitation, class action notices, pendency of calls and maturities of domestic securities Domestic Securities and expirations of rights in connection therewith and notices of exercise of call and put options written by the Fund and the maturity of futures Agreements purchased or sold by the Fundtherewith) received by the Custodian from issuers of the securities being held for the Fund. With account of the Fund or from publications or reporting services routinely used by the Custodian for that purpose and, with respect to tender or exchange offers, the Custodian shall transmit promptly to the Fund all written information received by the Custodian from issuers of the securities whose tender or exchange is sought and from the party (or his agents) making the tender or exchange offer. The If the Fund desires to take action with respect to any tender offer, exchange offer or any other similar transaction, the Fund shall notify the Custodian by Proper Instructions prior to the deadline established by the Custodian in its reasonable discretion for receipt of such instructions and communicated to the Fund. Upon receipt of such Proper Instructions, the Custodian shall not be liable for any untimely exercise of any tenderexecute all tender offers, exchange offers or other right or power in connection with domestic securities or other property of the Fund at any time held by it unless similar transactions, provided that (i) the Custodian is in actual possession of such domestic securities or property and securities, (ii) the Custodian receives Proper Instructions with regard to the exercise of any such right tender, exchange or powerother similar transaction, and both (i) and (ii) occur at least three business days prior to the date on which the Custodian is to take action to exercise such right or power. The Custodian shall also transmit promptly to the Fund all written information received deadline established by the Custodian regarding any class action or other litigation in connection with and communicated to the Fund. If the Fund securities or other assets issued in the United States and then held, or previously held, during the term of this Agreement by fails to provide the Custodian for the account of the Fund, including, but not limited to, opt-out notices and proof-of-claim forms. For avoidance of doubt, upon and after the effective date of any termination of this Agreement, with timely instructions with respect to a Fundany tender offer, exchange offer or any other similar transaction, the Custodian shall have take no responsibility action in relation to so transmit any information under this Section 2.13that transaction, except as otherwise agreed in writing by the Custodian and the Fund or as may be set forth by the Custodian as a default action with respect to that transaction.
Appears in 1 contract
Samples: Custody and Related Services Agreement (MFS Series Trust XII)
Communications Relating to Fund Securities. Except with respect to Fund property released and delivered pursuant to Section 2.2(15), or purchased pursuant to Section 2.6(7), and subject Subject to the provisions of Section 2.33.3, the Custodian shall transmit promptly to the Trust for each Fund all written information with respect to materials received by the Custodian (including, without limitation, class action notices, pendency of calls and maturities of domestic securities Domestic Securities and expirations of rights in connection therewith and notices of exercise of call and put options written by the Fund and the maturity of futures Agreements purchased or sold by the Fundtherewith) received by the Custodian from issuers of the securities being held for the Fund. With account of the Fund or from publications or reporting services routinely used by the Custodian for that purpose and, with respect to tender or exchange offers, the Custodian shall transmit promptly to the Fund all written information received by the Custodian from issuers of the securities whose tender or exchange is sought and from the party (or his agents) making the tender or exchange offer. The If the Fund desires to take action with respect to any tender offer, exchange offer or any other similar transaction, the Fund shall notify the Custodian by Proper Instructions prior to the deadline established by the Custodian in its reasonable discretion for receipt of such instructions and communicated to the Fund. Upon receipt of such Proper Instructions, the Custodian shall not be liable for any untimely exercise of any tenderexecute all tender offers, exchange offers or other right or power in connection with domestic securities or other property of the Fund at any time held by it unless similar transactions, PROVIDED that (i) the Custodian is in actual possession of such domestic securities or property and securities, (ii) the Custodian receives Proper Instructions with regard to the exercise of any such right tender, exchange or powerother similar transaction, and both (i) and (ii) occur at least three business days prior to the date on which the Custodian is to take action to exercise such right or power. The Custodian shall also transmit promptly to the Fund all written information received deadline established by the Custodian regarding any class action or other litigation in connection with and communicated to the Fund. If the Fund securities or other assets issued in the United States and then held, or previously held, during the term of this Agreement by fails to provide the Custodian for the account of the Fund, including, but not limited to, opt-out notices and proof-of-claim forms. For avoidance of doubt, upon and after the effective date of any termination of this Agreement, with timely instructions with respect to a Fundany tender offer, exchange offer or any other similar transaction, the Custodian shall have take no responsibility action in relation to so transmit any information under this Section 2.13that transaction, except as otherwise agreed in writing by the Custodian and the Fund or as may be set forth by the Custodian as a default action with respect to that transaction.
Appears in 1 contract
Samples: Custody and Related Services Agreement (MFS Series Trust X)