Compliance with Securities and Exchange Commission (. “SEC”) rule 17f-5 (“rule 17f-5”).
(a) Customer’s board of directors (or equivalent body) (hereinafter ‘Board’) hereby delegates to Bank, and, except as to the country or countries as to which Bank may, from time to time, advise Customer that it does not accept such delegation, Bank hereby accepts the delegation to it, of the obligation to perform as Customer’s ‘Foreign Custody Manager’ (as that term is defined in rule 17f-5(a)(3) as promulgated under the 1940 Act), including for the purposes of: (i) selecting Eligible Foreign Custodians (as that term is defined in rule 17f-5(a)(1), and as the same may be amended from time to time, or that have otherwise been exempted pursuant to an SEC exemptive order) to hold foreign Financial Assets and cash, (ii) evaluating the contractual arrangements with such Eligible Foreign Custodians (as set forth in rule 17f-5(c)(2)), and (iii) monitoring such foreign custody arrangements (as set forth in rule 17f-5(c)(3)).
(b) In connection with the foregoing, Bank shall:
(i) provide written reports notifying Customer’s Board of the placement of Financial Assets and cash with particular Eligible Foreign Custodians and of any material change in the
(ii) exercise such reasonable care, prudence and diligence in performing as Customer’s Foreign Custody Manager as a person having responsibility for the safekeeping of foreign Financial Assets and cash would exercise;
(iii) in selecting an Eligible Foreign Custodian, first have determined that foreign Financial Assets and cash placed and maintained in the safekeeping of such Eligible Foreign Custodian shall be subject to reasonable care, based on the standards applicable to custodians in the relevant market, after having considered all factors relevant to the safekeeping of such foreign Financial Assets and cash, including, without limitation, those factors set forth in rule 17f-5(c)(1)(i)-(iv);
(iv) determine that the written contract with an Eligible Foreign Custodian requires that the Eligible Foreign Custodian shall provide reasonable care for foreign Financial Assets and cash based on the standards applicable to custodians in the relevant market, including, without limitation, those factors set forth in rule 17f-5(c)(2).
(v) have established a system to monitor the continued appropriateness of maintaining foreign Financial Assets and cash with particular Eligible Foreign Custodians and of the governing contractual arrangements; it being understood, however, that in the event that ...
Compliance with Securities and Exchange Commission (. Rules and Orders. To the extent that a condition of a rule, regulation, interpretation or exemptive order promulgated by or under the authority of the Securities and Exchange Commission applies to the Bank or the Fund each shall be solely responsible to assure that this Agreement and the maintenance of Securities and cash under this Agreement complies with any such rule, regulation, interpretation or exemptive order.
Compliance with Securities and Exchange Commission (. “SEC”) rule 17f-5 (“rule 17f-5”).
Compliance with Securities and Exchange Commission (. (a) EPLLC has provided to Purchaser two(2) years and nine (9) months of revenues and expenses of all of the Interests being transferred to Purchaser.
(b) None of the provisions of this Agreement shall conflict with the requirements which the Purchaser must comply with of the Securities and Exchange Commission of the United States. 7.
Compliance with Securities and Exchange Commission (. Rules and Orders. To the extent that a condition of a rule,
