Custodian Actions without Direction. With respect to Securities held hereunder, the Custodian shall: (a) Receive all eligible income and other payments due to the Accounts and endeavor to advise the Fund as promptly as practicable of any such amounts known by Custodian to be due but not paid; (b) Present for payment and receive the amount paid upon all Securities which may mature and endeavor to advise the Fund as promptly as practicable of any such amounts known by Custodian to be due but not paid; (c) Carry out any exchanges of Securities or other corporate actions not requiring discretionary decisions; (d) Forward to the Fund or its designee proxy materials actually received by the Custodian or its agents, and otherwise facilitate access by the Fund or its designee to ballots or online systems to assist in the voting of proxies received by the Custodian in its capacity as custodian for eligible positions of Securities held in the Accounts (excluding bankruptcy matters); (e) Forward to the Fund or its designee information (or summaries of information) that the Custodian receives in its capacity as custodian from Depositories or Subcustodians concerning Securities in the Accounts (excluding bankruptcy matters); (f) Forward to the Fund or its designee notices of bankruptcy cases relating to Securities held in the Accounts and notices of any required action related to such bankruptcy cases as may be received by the Custodian in its capacity as custodian. No further action or notification related to the bankruptcy case shall be required; (g) Forward to the Fund or its designee notices and other materials relating to class actions in which the Fund may be eligible to participate as may be actually received by the Custodian or its agents; (h) As promptly as practical under the circumstances, forward to the Trust copies of all other information and documents (not specifically referenced above) that it may actually receive from or on behalf of an issuer of Securities which, are indicated as being intended for the beneficial owner of Securities including, without limitation, notices that require discretionary action, notices of expirations of rights, notices related to call and put options, notices of maturity of futures contracts, and notices of tender and exchange offers; (i) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the Fund; (j) Hold directly or through a Depository, a Foreign Depository, or a Subcustodian all rights and similar Securities issued with respect to any Securities credited to an Account hereunder; (k) Endorse for collection checks, drafts or other negotiable instruments; and (l) Execute and deliver, solely in its custodial capacity, certificates, documents or instruments incidental to the Custodian’s performance under this Agreement.
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Samples: Custody Agreement (Forum Funds), Custody Agreement (TrimTabs ETF Trust)
Custodian Actions without Direction. With respect to Securities held hereunder, the Custodian shall, unless otherwise instructed to the contrary by the Fund:
(a) Receive a. Collect and receive all eligible income income, distributions and other payments due to the Accounts Account and endeavor to advise the Fund as promptly as reasonably practicable of any such amounts known by Custodian to be due but not paid;
(b) b. Present for payment and receive the amount paid upon all Securities which may mature and endeavor to advise the Fund as promptly as reasonably practicable of any such amounts known by Custodian to be due but not paid;
(c) c. Carry out any exchanges of Securities or other corporate actions not requiring discretionary decisions;
(d) d. Forward to the Fund Trust or its designee proxy materials actually received by the Custodian or its agents, and otherwise facilitate access by the Fund or its designee to ballots or online systems to assist in the voting of proxies received by the Custodian in its capacity as custodian for eligible positions of Securities held in the Accounts (excluding bankruptcy matters)Account;
(e) e. Forward to the Fund Trust or its designee information (or summaries of information) that the Custodian receives in its capacity as custodian from Depositories or Subcustodians concerning Securities in the Accounts (excluding bankruptcy matters)Account;
(f) f. Forward to the Fund Trust or its designee notices of bankruptcy cases relating to Securities held in the Accounts Account and notices of any required action related to such bankruptcy cases as may be received by the Custodian in its capacity as custodian. No further action or notification related to the bankruptcy case shall be requiredCustodian;
(g) g. Forward to the Fund Trust or its designee notices and other materials relating to class actions in which the Fund may be eligible to participate as may be actually received by the Custodian;
h. Forward to the Fund or its designee information received by the Custodian or its agentsregarding ownership rights pertaining to the property held for the Fund;
(h) As promptly as practical under the circumstances, forward to the Trust copies of all other information and documents (not specifically referenced above) that it may actually receive from or on behalf of an issuer of Securities which, are indicated as being intended for the beneficial owner of Securities including, without limitation, notices that require discretionary action, notices of expirations of rights, notices related to call and put options, notices of maturity of futures contracts, and notices of tender and exchange offers;
(i) i. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the Fund;
(j) j. Endorse for collection checks, drafts or other negotiable instruments;
k. Hold directly or through a Depository, a Foreign Depository, Depository or a Subcustodian all rights and similar Securities issued with respect to any Securities credited to an Account hereunder;
(k) Endorse for collection checks, drafts or other negotiable instrumentshere under; and
(l) l. Execute and deliver, solely in its custodial capacity, certificates, documents or instruments incidental to the Custodian’s performance under this Agreement.
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Samples: Custody Agreement (Ivy High Income Opportunities Fund)
Custodian Actions without Direction. With respect to Securities held hereunder, the Custodian shall have no power or authority to assign, hypothecate, pledge or otherwise dispose of (but for as provided for herein) any such Securities, except pursuant to the Instructions of the Fund (including any special custody account agreement between the Fund, the Custodian and a broker) and only for the account of the Fund as set forth in this Agreement. Further, with respect to all Securities held hereunder, the Custodian shall:
(a) Receive all eligible income and other payments due to the Accounts and endeavor to advise the Fund as promptly as practicable of any such amounts known by Custodian to be due but not paidAccounts;
(b) Present for payment and receive the amount paid upon all Securities which may mature and endeavor to advise the Fund as promptly as practicable of any such amounts known by Custodian to be due but not paid;
(c) Carry out any exchanges of Securities or other corporate actions not requiring discretionary decisions;
(dc) Forward to the Fund or its designee proxy materials actually received by the Custodian or its agents, and otherwise facilitate Facilitate access by the Fund or its designee to ballots or online systems to assist in the voting of proxies received by the Custodian in its capacity as custodian for eligible positions of Securities held in the Accounts (excluding bankruptcy matters);
(ed) Forward to the Fund or its designee information (or summaries of information) that the Custodian receives in its capacity as custodian from Depositories or Subcustodians concerning Securities in the Accounts (excluding bankruptcy matters);
(fe) Forward to the Fund or its designee notices an initial notice of bankruptcy cases relating to Securities held in the Accounts and notices a notice of any required action related to such bankruptcy cases as may be received by the Custodian in its capacity as custodian. No further action or notification related to the bankruptcy case shall be required;
(g) Forward to the Fund or its designee notices and other materials relating to class actions in which the Fund may be eligible to participate as may be actually received by the Custodian or its agents;
(h) As promptly as practical under the circumstances, forward to the Trust copies of all other information and documents (not specifically referenced above) that it may actually receive from or on behalf of an issuer of Securities which, are indicated as being intended for the beneficial owner of Securities including, without limitation, notices that require discretionary action, notices of expirations of rights, notices related to call and put options, notices of maturity of futures contracts, and notices of tender and exchange offers;
(i) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the Fund;
(j) Hold directly or through a Depository, a Foreign Depository, or a Subcustodian all rights and similar Securities issued with respect to any Securities credited to an Account hereunder;
(kf) Endorse for collection checks, drafts or other negotiable instruments; and
(lg) Execute and deliver, solely in its custodial capacity, certificates, documents or instruments incidental to the Custodian’s performance under this Agreement.
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