Common use of Confirmation and Statements Clause in Contracts

Confirmation and Statements. At least monthly, the Custodian shall furnish the Trust with a detailed statement of the Investments held by it and all Sub-Custodians for each Fund. Such statements comprise the accounting book of record for the assets of each Fund for which the Custodian acts as custodian. Where Securities purchased for a Fund are in a fungible bulk of Securities registered in the name of the Custodian (or its nominee) or shown on the Custodian’s account on the books of a Depository, the Book-Entry System or a Sub-Custodian, the Custodian shall maintain such records as are necessary to enable it to identify the quantity of those Securities held for such Fund. In the absence of the filing in writing with the Custodian by the Trust of exceptions or objections to any such statement within 270 days after the date that a material defect is reasonably discoverable, the Trust shall be deemed to have approved such statement; and in such case or upon written approval of the Trust of any such statement, the Custodian shall, to the extent permitted by law and provided the Custodian has met the standard of care in Section 17 hereof, be released, relieved and discharged with respect to all matters and things set forth in such statement.

Appears in 2 contracts

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

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Confirmation and Statements. At least monthly, the Custodian shall furnish the Trust Fund with a detailed statement of the Investments Securities and moneys held by it and all Sub-Custodians for each the Fund. Such statements comprise the accounting book of record for the assets of each the Fund for which the Custodian acts as custodian. Where Securities securities purchased for a the Fund are in a fungible bulk of Securities securities registered in the name of the Custodian (or its nominee) or shown on the Custodian’s account on the books of a Depository, the Book-Entry System or a Sub-Custodian, the Custodian shall maintain such records as are necessary to enable it to identify the quantity of those Securities securities held for such the Fund. In the absence of the filing in writing with the Custodian by the Trust Fund of exceptions or objections to any such statement within 270 60 days after the date that a material defect is reasonably discoverable, the Trust Fund shall be deemed to have approved such statement; and in such case or upon written approval of the Trust Fund of any such statement, the Custodian shall, to the extent permitted by law and provided the Custodian has met the standard of care in Section 17 hereof, be released, relieved and discharged with respect to all matters and things set forth in such statementstatement as though such statement had been settled by the decree of a court of competent jurisdiction in an action in which the Fund and all persons having any equity interest in the Fund were parties.

Appears in 2 contracts

Samples: Custody Agreement (AB CarVal Credit Opportunities Fund), Custody Agreement (AB CarVal Opportunistic Credit Fund)

Confirmation and Statements. At least monthly, the Custodian shall furnish the Trust with a detailed statement of the Investments Securities and moneys held by it and all Sub-Custodians for each Fund. Such statements comprise the accounting book of record for the assets of each Fund for which the Custodian acts as custodian. Where Securities securities purchased for a Fund are in a fungible bulk of Securities securities registered in the name of the Custodian (or its nominee) or shown on the Custodian’s account on the books of a Depository, the Book-Entry System or a Sub-Custodian, the Custodian shall maintain such records as are necessary to enable it to identify the quantity of those Securities securities held for such Fund. In the absence of the filing in writing with the Custodian by the Trust of exceptions or objections to any such statement within 270 60 days after the date that a material defect is reasonably discoverable, the Trust shall be deemed to have approved such statement; and in such case or upon written approval of the Trust of any such statement, the Custodian shall, to the extent permitted by law and provided the Custodian has met the standard of care in Section 17 19 hereof, be released, relieved and discharged with respect to all matters and things set forth in such statementstatement as though such statement had been settled by the decree of a court of competent jurisdiction in an action in which the Trust and all persons having any equity interest in the Trust were parties.

Appears in 1 contract

Samples: Custody Agreement (Smead Funds Trust)

Confirmation and Statements. At least monthly, the Custodian shall furnish the Trust with a detailed statement of the Investments Securities held by it and all Sub-Custodians for each Fund. Such statements comprise the accounting book of record for the assets of each Fund for which the Custodian acts as custodian. Where Securities securities purchased for a Fund are in a fungible bulk of Securities securities registered in the name of the Custodian (or its nominee) or shown on the Custodian’s account on the books of a Depository, the Book-Entry System or a Sub-Custodian, the Custodian shall maintain such records as are necessary to enable it to identify the quantity of those Securities securities held for such Fund. In the absence of the filing in writing with the Custodian by the Trust of exceptions or objections to any such statement within 270 60 days after the date that a material defect is reasonably discoverable, the Trust shall be deemed to have approved such statement; and in such case or upon written approval of the Trust of any such statement, the Custodian shall, to the extent permitted by law and provided the Custodian has met the standard of care in Section 17 hereof, be released, relieved and discharged with respect to all matters and things set forth in such statement. In no event shall the Custodian be precluded from having its statement settled by a judicial proceeding.

Appears in 1 contract

Samples: Custody Agreement (Forum Funds)

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Confirmation and Statements. At least monthly, the Custodian shall furnish the Trust Fund with a detailed statement of the Investments Securities and moneys held by it and all Sub-Custodians for each FundPortfolio. Such statements comprise the accounting book of record for the assets of each Fund for which the Custodian acts as custodian. Where Securities securities purchased for a Fund Portfolio are in a fungible bulk of Securities securities registered in the name of the Custodian (or its nominee) or shown on the Custodian’s account on the books of a Depository, the Book-Entry System or a Sub-Sub- Custodian, the Custodian shall maintain such records as are necessary to enable it to identify the quantity of those Securities securities held for such FundPortfolio. In the absence of the filing in writing with the Custodian by the Trust Fund of exceptions or objections to any such statement within 270 60 days after the date that a material defect is reasonably discoverable, the Trust Fund shall be deemed to have approved such statement; and in such case or upon written approval of the Trust Fund of any such statement, statement the Custodian shall, to the extent permitted by law and provided the Custodian has met the standard of care in Section 17 hereof, be released, relieved and discharged with respect to all matters and things set forth in such statementstatement as though such statement had been settled by the decree of a court of competent jurisdiction in an action in which the Fund and all persons having any equity interest in the Fund were parties.

Appears in 1 contract

Samples: Custody Agreement (GuideStone Funds)

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