Communications Relating to Securities. The Custodian shall transmit promptly to the Company all written information (including pendency of calls and maturities of Securities and expirations of rights in connection therewith) received by the Custodian, from its agents or its sub-custodians or from issuers of the Securities being held for the Company. The Custodian shall have no obligation or duty to exercise any right or power, or otherwise to preserve rights, in or under any Securities unless and except to the extent it has received timely Proper Instruction from the Company in accordance with the next sentence. The Custodian will not be liable for any untimely exercise of any right or power in connection with Securities at any time held by the Custodian, its agents or sub-custodians unless: (i) the Custodian has received Proper Instructions with regard to the exercise of any such right or power; and (ii) the Custodian, or its agents or sub-custodians are in actual possession of such Securities, in each case, at least three (3) Business Days prior to the date on which such right or power is to be exercised. It will be the responsibility of the Company to notify the Custodian of the Person to whom such communications must be forwarded under this Section.
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Samples: Custody Agreement (Guggenheim Credit Income Fund 2021), Custody Agreement (Golub Capital BDC 3, Inc.), Custody Agreement (Carey Credit Income Fund 2018 T)
Communications Relating to Securities. The Custodian shall transmit promptly to the Company Manager all written information (including pendency of calls and maturities of Securities and expirations of rights in connection therewith) received by the Custodian, from its agents or its sub-custodians or from issuers of the Securities being held for the Company. The Custodian shall have no obligation or duty to exercise any right or power, or otherwise to preserve rights, in or under any Securities unless and except to the extent it has received timely Proper Instruction from the Company Manager in accordance with the next sentence. The Custodian will not be liable for any untimely exercise of any right or power in connection with Securities at any time held by the Custodian, its agents or sub-custodians unless:
(i) the Custodian has received Proper Instructions with regard to the exercise of any such right or power; and
(ii) the Custodian, or its agents or sub-custodians are in actual possession of such Securities, in each case, at least three (3) Business Days prior to the date on which such right or power is to be exercised. It will be the responsibility of the Company Manager to notify the Custodian of the Person to whom such communications must be forwarded under this Section.
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Samples: Custodian Agreement (GSC Investment Corp.), Custodian Agreement (GSC Investment LLC)
Communications Relating to Securities. The Custodian shall transmit promptly to the Company Servicer and the Administrative Agent all written information (including pendency of calls and maturities of Securities and expirations of rights in connection therewith) received by the Custodian, from its agents or its sub-custodians custodian or from issuers of the Securities being held for the Companyunder this Agreement. The Custodian shall have no obligation or duty to exercise any right or power, or otherwise to preserve rights, in or under any Securities unless and except to the extent it has received timely Proper Instruction from the Company Servicer and the Administrative Agent in accordance with the next sentence. The Custodian will not be liable for any untimely exercise of any right or power in connection with Securities at any time held by the Custodian, its agents or sub-custodians custodian unless:
(i) the Custodian has received Proper Instructions with regard to the exercise of any such right or power; and
(ii) the Custodian, or its agents or sub-custodians custodian are in actual possession of such Securities, in each case, at least three (3) Business Days prior to the date on which such right or power is to be exercised. It will be the responsibility of the Company Servicer and the Administrative Agent to notify the Custodian of the Person to whom such communications must be forwarded under this Section.
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Communications Relating to Securities. The Custodian shall transmit promptly to the Company all written information (including including, without limitation, pendency of calls and maturities of Securities and expirations of rights in connection therewith) received by the Custodian, from its agents or its sub-custodians or from issuers of the Securities being held for the Company. The Custodian shall have no obligation or duty to exercise any right or power, or otherwise to preserve rights, in or under any Securities unless and except to the extent it has received timely Proper Instruction from the Company in accordance with the next sentence. The Custodian will not be liable for any untimely exercise of any right or power in connection with Securities at any time held by the Custodian, its agents or sub-custodians unless:
(ia) the Custodian has received Proper Instructions with regard to the exercise of any such right or power; and
(iib) the Custodian, or its agents or sub-custodians are in actual possession of such Securities, in each case, Securities at least three (3) Business Days prior to the date on which such right or power is to be exercised. It will be the responsibility of the Company to notify the Custodian of the Person to whom such communications must be forwarded under this Section.
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Communications Relating to Securities. The Custodian shall transmit promptly to the Company all written information (including pendency of calls and maturities of Securities and expirations of rights in connection therewith) received by the Custodian, from its agents or its sub-custodians custodian or from issuers of the Securities being held for the Company. The Custodian shall have no obligation or duty to exercise any right or power, or otherwise to preserve rights, in or under any Securities unless and except to the extent it has received timely Proper Instruction Instructions from the Company in accordance with the next sentence. The Custodian will not be liable for any untimely exercise of any right or power in connection with Securities at any time held by the Custodian, its agents or sub-custodians custodian unless:
(i) the Custodian has received Proper Instructions with regard to the exercise of any such right or power; and
(ii) the Custodian, or its agents or sub-custodians custodian are in actual possession of such Securities, in each case, at least three (3) Business Days prior to the date on which such right or power is to be exercised. It will be the responsibility of the Company to notify the Custodian of the Person to whom such communications must be forwarded under this Section.
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Communications Relating to Securities. The Custodian shall transmit promptly to the Management Company all written information (including pendency of calls and maturities of Securities and expirations of rights in connection therewith) received by the Custodian, from its agents or its sub-custodians or from issuers of the Securities being held for the Company. The Custodian shall have no obligation or duty to exercise any right or power, or otherwise to preserve rights, in or under any Securities unless and except to the extent it has received timely Proper Instruction from the Management Company in accordance with the next sentence. The Custodian will not be liable for any untimely exercise of any right or power in connection with Securities at any time held by the Custodian, its agents or sub-custodians unless:
(i) the Custodian has received Proper Instructions with regard to the exercise of any such right or power; and
(ii) the Custodian, or its agents or sub-custodians are in actual possession of such Securities, in each case, at least three (3) Business Days prior to the date on which such right or power is to be exercised. It will be the responsibility of the Management Company to notify the Custodian of the Person to whom such communications must be forwarded under this Section.
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Communications Relating to Securities. The Custodian shall transmit promptly to the Management Company all written information (including pendency of calls and maturities of Securities and expirations of rights in connection therewith) received by the Custodian, from its agents or its sub-custodians or from issuers of the Securities being held for the Company. The Custodian shall have no obligation or duty to exercise any right or power, or otherwise to preserve rights, in or under any Securities unless and except to the extent it has received timely Proper Instruction from the Management Company in accordance with the next sentence. The Custodian will not be liable for any untimely exercise of any right or power in connection with Securities at any time held by the Custodian, its agents or sub-custodians unless:
(i) the Custodian has received Proper Instructions with regard to the exercise of any such right or power; and
(ii) the Custodian, or its agents or sub-custodians are in actual possession of such SecuritiesSecurities , in each case, at least three (3) Business Days prior to the date on which such right or power is to be exercised. It will be the responsibility of the Management Company to notify the Custodian of the Person to whom such communications must be forwarded under this Section.
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Communications Relating to Securities. The Custodian shall transmit promptly to the Company all written information (including pendency of calls and maturities of Securities and expirations of rights in connection therewith) received by the Custodian, from its agents or its sub-custodians custodian or from issuers of the Securities being held for the Company. The Custodian shall have no obligation or duty to exercise any right or power, or otherwise to preserve rights, in or under any Securities unless and except to the extent it has received timely Proper Instruction from the Company in accordance with the next sentence. The Custodian will not be liable for any untimely exercise of any right or power in connection with Securities at any time held by the Custodian, its agents or sub-custodians subcustodian unless:
: (i) the Custodian has received Proper Instructions with regard to the exercise of any such right or power; and
and (ii) the Custodian, or its agents or sub-custodians custodian are in actual possession of such Securities, in each case, at least three (3) Business Days prior to the date on which such right or power is to be exercised. It will be the responsibility of the Company to notify the Custodian of the Person to whom such communications must be forwarded under this Section.. 12
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