Common use of CUSTODIAN REPRESENTATIONS AND WARRANTIES Clause in Contracts

CUSTODIAN REPRESENTATIONS AND WARRANTIES. The Custodian hereby represents and warrants that (a) it is a trust company, duly organized and validly existing under the laws of the Commonwealth of Massachusetts; (b) it has the requisite power and authority to carry on its business in the Commonwealth of Massachusetts; (c) all requisite proceedings have been taken to authorize it to enter into and perform this Agreement; (d) no legal or administrative proceedings have been instituted or threatened which would materially impair the Custodian’s ability to perform its duties and obligations under this Agreement; (e) its entering into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Custodian or any law or regulation applicable to it; (f) it is in compliance with all laws applicable to it in the performance of services under this Agreement; and (g) it has and will maintain access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement.

Appears in 14 contracts

Samples: Master Custodian Agreement (T. Rowe Price Exchange-Traded Funds, Inc.), Master Custodian Agreement (T. Rowe Price Exchange-Traded Funds, Inc.), Master Custodian Agreement (T. Rowe Price Exchange-Traded Funds, Inc.)

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CUSTODIAN REPRESENTATIONS AND WARRANTIES. The Custodian hereby represents and warrants that (a) it is a trust company, duly organized and validly existing under the laws of the Commonwealth of Massachusetts; (b) it has the requisite power and authority to carry on its business in the Commonwealth of Massachusetts; (c) all requisite proceedings have been taken to authorize it to enter into and perform this Agreement; (d) no legal or administrative proceedings have been instituted or threatened which would materially impair the Custodian’s ability to perform its duties and obligations under this Agreement; (e) its entering into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Custodian or any law or regulation applicable to it; and (f) it is in compliance shall comply with all laws and regulations applicable to it in as such laws and regulations relate to the Custodian’s performance of the services under this Agreement; and (g) it has and will maintain access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreementhereunder.

Appears in 3 contracts

Samples: Execution Copy (Northwestern Mutual Series Fund Inc), Master Custodian Agreement (Franklin Templeton ETF Trust), Master Custodian Agreement (Franklin Templeton ETF Trust)

CUSTODIAN REPRESENTATIONS AND WARRANTIES. The Custodian hereby represents and warrants that (a) it is a trust company, duly organized and validly existing under the laws of the Commonwealth of Massachusetts; (b) it has the requisite power and authority to carry on its business in the Commonwealth of Massachusetts; (c) all requisite proceedings have been taken to authorize it to enter into and perform this Agreement; (d) no legal or administrative proceedings have been instituted or threatened which would materially impair the Custodian’s ability to perform its duties and obligations under this Agreement; (e) its entering into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Custodian or any law or regulation applicable to it; (f) it is in compliance with all laws material federal and state laws, rules and regulations applicable to it in the Custodian with respect to its custody business and the performance of its duties, obligations and services under this Agreement; and (g) it has and will maintain access to the necessary facilities, equipment and personnel determined by Custodian to perform its duties and obligations under this Agreement.

Appears in 2 contracts

Samples: Master Custodian Agreement (VanEck Bitcoin Trust), Master Custodian Agreement (VanEck Vectors ETF Trust)

CUSTODIAN REPRESENTATIONS AND WARRANTIES. The Custodian hereby represents and warrants that (a) it is a “bank” as defined by Section 26(a)(1) of the 1940 Act; (b) it is a trust company, duly organized and validly existing under the laws of the Commonwealth of Massachusetts; (bc) it has the requisite power and authority to carry on its business in the Commonwealth of Massachusetts; (cd) all requisite proceedings have been taken to authorize it to enter into and perform this Agreement; (de) no legal or administrative proceedings have been instituted or threatened which would materially impair the Custodian’s ability to perform its duties and obligations under this Agreement; (ef) its entering into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Custodian or any law or regulation applicable to it; (f) it is in compliance with all laws applicable to it in the performance of services under this Agreement; and (g) it has and will maintain access to during the necessary facilities, equipment and personnel to perform its duties and obligations under term of this Agreement, the Custodian shall have a business continuity plan in place which is reasonably designed to maintain continuity of service in accordance with industry standards.

Appears in 1 contract

Samples: Custodian Agreement (Steadfast Alcentra Global Credit Fund)

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CUSTODIAN REPRESENTATIONS AND WARRANTIES. The Custodian hereby represents and warrants that (a) it is a trust company, duly organized and validly existing under the laws of the Commonwealth of Massachusetts; (b) it has the requisite power and authority to carry on its business in the Commonwealth of Massachusetts; (c) all requisite proceedings have been taken to authorize it to enter into and perform this Agreement; (d) no legal or administrative proceedings have been instituted or threatened which would materially impair the Custodian’s ability to perform its duties and obligations under this Agreement; (e) its entering into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Custodian or any law or regulation applicable to it; and (f) it the Custodian is in full compliance in all material respects with all laws banking, securities, tax, commodities, information security, and other laws, rules, and regulations applicable to it in the performance of the services under this Agreement; and (g) it has and will maintain access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreementprovided hereunder.

Appears in 1 contract

Samples: Master Custodian Agreement (Ivy NextShares)

CUSTODIAN REPRESENTATIONS AND WARRANTIES. The Custodian hereby represents and warrants that (a) it is a trust company, duly organized and validly existing under the laws of the Commonwealth of Massachusetts; (b) it has the requisite power and authority to carry on its business in the Commonwealth of Massachusetts; (c) all requisite proceedings have been taken to authorize it to enter into and perform this Agreement; (d) no legal or administrative proceedings have been instituted or threatened which would materially impair the Custodian’s ability to perform its duties and obligations under this Agreement; (e) its entering into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of the Custodian or any law or regulation applicable to it; and (f) it is in compliance with all laws applicable to it in the performance of services under this Agreement; and (g) it has and will maintain access to the necessary facilities, equipment and personnel to perform performing its duties and obligations under this Agreement, the Custodian will comply in all material respects with all laws and regulations applicable to it with respect to the provision of services hereunder.

Appears in 1 contract

Samples: Master Custodian Agreement (Thornburg Income Builder Opportunities Trust)

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