Custodian's Acts Without Instructions. Unless and until the Custodian receives contrary Written Instructions from the Fund, the Custodian shall, without order from the Fund: (a) Present for payment all bills, notes, checks, drafts, and similar items, and all coupons or other income items (except stock dividends), held or received for the account of the Fund, and which require presentation in the ordinary course of business, and credit such items to the Fund Account pursuant to the Custodian’s then current funds availability schedule, but the Custodian shall have no duty to take action to effect collection of any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentation; (b) Present for payment all Securities which may mature or be called, redeemed, retired, or otherwise become payable and credit such items to the Fund Account pursuant to the Custodian’s then current funds availability schedule, but the Custodian shall have no duty to take action to effect collection of any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentation; (c) Hold for and credit to the Fund Account all shares of stock and other Securities received as stock dividends or as the result of a stock split or otherwise from or on account of Securities of the Fund, and notify the Fund promptly of the receipt of such items; (d) Deposit any cash received by it from, for or on behalf of the Fund to the credit of the Fund in the Fund Account (in its own deposit department without liability for interest); (e) Charge against the Fund Account for Fund disbursements authorized to be made by the Custodian hereunder and actually made by it, and notify the Fund of such charges at least once a month; (f) Deliver Securities which are to be transferred to and reissued in the name of the Fund, or of a nominee of the Custodian for the account of the Fund, and temporary certificates which are to be exchanged for permanent certificates, to a proper transfer agent for such purpose against interim receipts or other proper delivery receipts; and (g) Hold for disposition in accordance with Written Instructions from the Fund hereunder all options, rights, and similar Securities which may be received by the Custodian and which are issued with respect to any Securities held by it hereunder, and notify the Fund promptly of the receipt of such items.
Appears in 18 contracts
Samples: Custodian Agreement (Mutual Fund Series Trust), Custodian Agreement (Mutual Fund & Variable Insurance Trust), Custodian Agreement (Tidal Trust II)
Custodian's Acts Without Instructions. Unless and until the Custodian receives contrary Written Instructions from instructions to the Fundcontrary, the Custodian shall, without order from shall on behalf of the FundTrust:
(a) Present for payment all bills, notes, checks, drafts, coupons and similar items, and all coupons or other income items (except stock dividends), held or received by it for the account of the FundTrust which call for payment upon presentation and hold the funds received by it upon such payment for the Trust;
(b) collect interest and cash dividends received, with notice to the Trust, for the accounts of the Trust;
(c) hold for the accounts of the Trust hereunder all stock dividends, rights and similar Securities issued with respect to any securities held by it hereunder;
(d) execute as agent on behalf of the Trust all necessary ownership certificates required by the Internal Revenue Code or the Income Tax Regulations of the United States Treasury Department or under the laws of any state now or hereafter in effect, inserting the name of such certificates as the owner of the Securities covered thereby, to the extent it may lawfully do so;
(e) transmit promptly to the Trust all reports, notices and other written information received by the Custodian from or concerning issuers of the portfolio Securities; and
(f) collect from the borrower the Securities loaned and delivered by the Custodian pursuant to item (h) of Section 5 hereof, any interest or cash dividends paid on such Securities, and which require presentation in all stock dividends, rights and similar Securities issued with respect to any such loaned Securities. With respect to Securities of foreign issuers, it is expected that the ordinary course Custodian will use its best efforts to effect collection of businessdividends, interest and other income, and credit to notify the Trust of any call for redemption, offer of exchange, right of subscription, reorganization, or other proceedings affecting such items Securities, or any default in payments due thereon. It is understood, however, that the Custodian shall be under no responsibility for any failure or delay in effecting such collections or giving such notice with respect to Securities of foreign issuers, regardless of whether or not the relevant information is published in any financial service available to it unless (a) such failure or delay is due to the Fund Account pursuant Custodians' or any sub-custodians' negligence or (b) any relevant sub-custodian has acted in accordance with established industry practices. Collections of income in foreign currency are, to the Custodian’s then current funds availability scheduleextent possible, but to be converted into United States dollars unless otherwise instructed in writing, and in effecting such conversion the Custodian may use such methods or agencies as it may see fit, including the facilities of its own foreign division at customary rates. All risk and expenses incident to such collection and conversion is for the accounts of the Trust and the Custodian shall have no duty to take action to effect collection of responsibility for fluctuations in exchange rates affecting any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentation;
(b) Present for payment all Securities which may mature or be called, redeemed, retired, or otherwise become payable and credit such items to the Fund Account pursuant to the Custodian’s then current funds availability schedule, but the Custodian shall have no duty to take action to effect collection of any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentation;
(c) Hold for and credit to the Fund Account all shares of stock and other Securities received as stock dividends or as the result of a stock split or otherwise from or on account of Securities of the Fund, and notify the Fund promptly of the receipt of such items;
(d) Deposit any cash received by it from, for or on behalf of the Fund to the credit of the Fund in the Fund Account (in its own deposit department without liability for interest);
(e) Charge against the Fund Account for Fund disbursements authorized to be made by the Custodian hereunder and actually made by it, and notify the Fund of such charges at least once a month;
(f) Deliver Securities which are to be transferred to and reissued in the name of the Fund, or of a nominee of the Custodian for the account of the Fund, and temporary certificates which are to be exchanged for permanent certificates, to a proper transfer agent for such purpose against interim receipts or other proper delivery receipts; and
(g) Hold for disposition in accordance with Written Instructions from the Fund hereunder all options, rights, and similar Securities which may be received by the Custodian and which are issued with respect to any Securities held by it hereunder, and notify the Fund promptly of the receipt of such itemsconversion.
Appears in 9 contracts
Samples: Custody Agreement (New Providence Investment Trust), Custody Agreement (Grandview Investment Trust), Custody Agreement (Capital Management Investment Trust)
Custodian's Acts Without Instructions. Unless and until the Custodian receives contrary Written Instructions written orders from the Fund, the Custodian shall, shall without order from the Fund:
(a) Present for payment all bills, notes, checks, drafts, drafts and similar items, and all coupons or other income items (except stock dividends), held or received for the account of the Fund, and which require presentation in the ordinary course of business, and credit such items to the aforesaid Custodian Account of the Fund Account pursuant conditionally, subject to the Custodian’s then current funds availability schedule, but the Custodian shall have no duty to take action to effect collection of any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentationfinal payment;
(b) Present for payment all Securities securities which may mature or be called, redeemed, retired, or otherwise become payable and credit such items to the aforesaid Custodian Account of the Fund Account pursuant conditionally, subject to the Custodian’s then current funds availability schedule, but the Custodian shall have no duty to take action to effect collection of any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentationfinal payment;
(c) Hold hold for and credit to the account of the Fund Account all shares of stock and other Securities securities received as stock dividends or as the result of a stock split or otherwise from or on account of Securities securities of the Fund, and notify the Fund promptly of the receipt of such items;
(d) Deposit deposit any cash received by it from, for or on behalf of the Fund to the credit of the Fund in the Fund aforesaid Custodian Account (in its own deposit department without liability for interest);
(e) Charge charge against the Fund aforesaid Custodian Account for the Fund disbursements authorized to be made by the Custodian hereunder and actually made by it, and notify the Fund of such charges at least once a month;
(f) Deliver Securities deliver securities which are to be transferred to and reissued re-issued in the name of the Fund, or of a nominee of the Custodian for the account of the Fund, and temporary certificates which are to be exchanged for permanent certificates, to a proper transfer agent for such purpose against interim receipts or other proper delivery receipts; and
(g) Hold hold for disposition in accordance with Written Instructions written orders from the Fund hereunder all options, rights, rights and similar Securities securities which may be received by the Custodian and which are issued with respect to any Securities securities held by it hereunder, and notify the Fund promptly of the receipt of such items.
Appears in 5 contracts
Samples: Custodian Agreement (Advantus Spectrum Fund Inc), Custodian Agreement (Advantus Bond Fund Inc), Custodian Agreement (Advantus Mortgage Securities Fund Inc)
Custodian's Acts Without Instructions. Unless and until the Custodian receives contrary Written Instructions from instructions to the Fundcontrary, the Custodian shall, without order from shall on behalf of the FundTrust:
(a) Present for payment all bills, notes, checks, drafts, coupons and similar items, and all coupons or other income items (except stock dividends), held or received by it for the account of the FundTrust which call for payment upon presentation and hold the funds received by it upon such payment for the Trust;
(b) collect interest and cash dividends received, with notice to the Trust, for the accounts of the Trust;
(c) hold for the accounts of the Trust hereunder all stock dividends, rights and similar Securities issued with respect to any securities held by it hereunder;
(d) execute as agent on behalf of the Trust all necessary ownership certificates required by the Internal Revenue Code or the Income Tax Regulations of the United States Treasury Department or under the laws of any state now or hereafter in effect, inserting the name of such certificates as the owner of the Securities covered thereby, to the extent it may lawfully do so;
(e) transmit promptly to the Trust all reports, notices and other written information received by the Custodian from or concerning issuers of the portfolio Securities; and
(f) collect from the borrower the Securities loaned and delivered by the Custodian pursuant to item (h) of Section 5 hereof, any interest or cash dividends paid on such Securities, and which require presentation in all stock dividends, rights and similar Securities issued with respect to any such loaned Securities. With respect to Securities of foreign issuers, it is expected that the ordinary course Custodian will use its best efforts to effect collection of businessdividends, interest and other income, and credit to notify the Trust of any call for redemption, offer of exchange, right of subscription, reorganization, or other proceedings affecting such items Securities, or any default in payments due thereon. It is understood, however, that the Custodian shall be under no responsibility for any failure or delay in effecting such collections or giving such notice with respect to Securities of foreign issuers, regardless of whether or not the Fund Account pursuant relevant information is published in any financial service available to it unless (a) such failure or delay is due to the Custodian’s then current funds availability schedule's or any sub-custodians' negligence or (b) any relevant sub-custodian has acted in accordance with established industry practices. Collections of income in foreign currency are, but to the extent possible, to be converted into United States dollars unless otherwise instructed in writing, and in effecting such conversion the Custodian may use such methods or agencies as it may see fit, including the facilities of its own foreign division at customary rates. All risk and expenses incident to such collection and conversion is for the accounts of the Trust and the Custodian shall have no duty to take action to effect collection of responsibility for fluctuations in exchange rates affecting any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentation;
(b) Present for payment all Securities which may mature or be called, redeemed, retired, or otherwise become payable and credit such items to the Fund Account pursuant to the Custodian’s then current funds availability schedule, but the Custodian shall have no duty to take action to effect collection of any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentation;
(c) Hold for and credit to the Fund Account all shares of stock and other Securities received as stock dividends or as the result of a stock split or otherwise from or on account of Securities of the Fund, and notify the Fund promptly of the receipt of such items;
(d) Deposit any cash received by it from, for or on behalf of the Fund to the credit of the Fund in the Fund Account (in its own deposit department without liability for interest);
(e) Charge against the Fund Account for Fund disbursements authorized to be made by the Custodian hereunder and actually made by it, and notify the Fund of such charges at least once a month;
(f) Deliver Securities which are to be transferred to and reissued in the name of the Fund, or of a nominee of the Custodian for the account of the Fund, and temporary certificates which are to be exchanged for permanent certificates, to a proper transfer agent for such purpose against interim receipts or other proper delivery receipts; and
(g) Hold for disposition in accordance with Written Instructions from the Fund hereunder all options, rights, and similar Securities which may be received by the Custodian and which are issued with respect to any Securities held by it hereunder, and notify the Fund promptly of the receipt of such itemsconversion.
Appears in 4 contracts
Samples: Custody Agreement (Blue Ridge Funds Trust), Custody Agreement (SCM Investment Trust), Custody Agreement (Woodlawn Funds Trust)
Custodian's Acts Without Instructions. Unless and until the Custodian receives a contrary Written Instructions custodian order from the FundTrust, the Custodian shall, without order from the Fundshall or shall cause a Subcustodian to:
(a) Present present for payment all bills, notes, checks, drafts, coupons and similar items, and all coupons or other income items (except stock dividends), held by the Custodian or received such Subcustodian for the account of the Fund, Trust which call for payment upon presentation and which require presentation in the ordinary course of business, and credit such items to the Fund Account pursuant to the Custodian’s then current funds availability schedule, but the Custodian shall have no duty to take action to effect collection of any amount if the assets hold all cash received by it upon which such payment is due are in default or if payment is refused after due demand and presentationfor the account of the Trust;
(b) Present present for payment all Securities securities held by it or such Subcustodian which may mature or be when called, redeemed, retired, retired or otherwise become payable and credit such items to the Fund Account pursuant to the Custodian’s then current funds availability schedule, but the Custodian shall have no duty to take action to effect collection of any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentationpayable;
(c) Hold for ascertain all stock dividends, rights and credit similar securities to the Fund Account all shares of stock and be issued with respect to any securities other Securities received as stock dividends or as the result of a stock split or otherwise from or on account of Securities of the Fund, and notify the Fund promptly of the receipt of such itemsthan Foreign Securities;
(d) Deposit any cash received by it from, collect and hold for or on behalf the account of the Fund Trust all stock dividends, rights and similar securities issued with respect to the credit of the Fund in the Fund Account (in its own deposit department without liability for interest)any securities;
(e) Charge against the Fund Account for Fund disbursements authorized ascertain all interest and cash dividends to be made by the Custodian hereunder and actually made by it, and notify the Fund of such charges at least once a monthpaid to security holders with respect to any securities other than Foreign Securities;
(f) Deliver Securities which are collect and hold all interest and cash dividends for the account of the Trust;
(g) present for exchange securities converted pursuant to be transferred to and reissued their terms into other securities;
(h) exchange interim receipts or temporary securities for definitive securities;
(i) execute in the name of the FundTrust such ownership and other certificates as may be required to obtain payments in respect thereto, or of a nominee of provided that the Trust shall have furnished to the Custodian for the account of the Fund, and temporary certificates which are to be exchanged for permanent or such Subcustodian any information necessary in connection with such certificates, to a proper transfer agent for such purpose against interim receipts or other proper delivery receipts; and
(gj) Hold for disposition in accordance with Written Instructions from the Fund hereunder all options, rights, convert interest and similar Securities which may be dividends received by the Custodian and which are issued with respect to any Foreign Securities held by into United States dollars whenever it hereunderis practicable to do so through customary banking channels, and notify including the Fund promptly of the receipt of such itemsCustodian's own banking facilities.
Appears in 3 contracts
Samples: Custodian Agreement (Income Trust), Custodian Agreement (Income Trust), Custodian Agreement (Tax Free Income Trust)
Custodian's Acts Without Instructions. Unless and until the Custodian receives contrary Written Instructions Orders from the Fund, the Custodian shall, shall without order from the Fund:
(a) Present for payment all bills, notes, checks, drafts, and similar items, and all coupons or other income items (except stock dividends), held or received for the account of the Fund, and which require presentation in the ordinary course of business, and credit such items to the aforesaid Custodian Account of the Fund Account pursuant to the Custodian’s 's then current funds availability schedule, ; but the Custodian shall have no duty to take action to effect collection of any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentation;
(b) Present for payment all Securities which may mature or be called, redeemed, retired, or otherwise become payable and credit such items to the aforesaid Custodian Account of the Fund Account pursuant to the Custodian’s 's then current funds availability schedule, ; but the Custodian shall have no duty to take action to effect collection of any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentation;
(c) Hold for and credit to the account of the Fund Account all shares of stock and other Securities received as stock dividends or as the result of a stock split or otherwise from or on account of Securities of the Fund, and notify the Fund promptly of the receipt of such items;
(d) Deposit any cash received by it from, for or on behalf of the Fund to the credit of the Fund in the Fund aforesaid Custodian Account (in its own deposit department without liability for interest);
(e) Charge against the Fund aforesaid Custodian Account for Fund disbursements authorized to be made by the Custodian hereunder and actually made by it, and notify the Fund of such charges at least once a month;
(f) Deliver Securities which are to be transferred to and reissued in the name of the Fund, or of a nominee of the Custodian for the account of the Fund, and temporary certificates which are to be exchanged for permanent certificates, to a proper transfer agent for such purpose against interim receipts or other proper delivery receipts; and
(g) Hold for disposition in accordance with Written Instructions Orders from the Fund hereunder all options, rights, and similar Securities which may be received by the Custodian and which are issued with respect to any Securities securities held by it hereunder, and notify the Fund promptly of the receipt of such items.
Appears in 3 contracts
Samples: Custodian Agreement (First American Strategic Income Portfolio Inc), Custodian Agreement (First American Minnesota Municipal Income Fund Ii Inc), Custodian Agreement (First American Minnesota Municipal Income Fund Ii Inc)
Custodian's Acts Without Instructions. Unless and until the Custodian receives contrary Written Instructions Orders from the Fund, the Custodian shall, shall without order from the Fund:
(a) Present for payment all bills, notes, checks, drafts, and similar items, and all coupons or other income items (except stock dividends), held or received for the account of the Fund, and which require presentation in the ordinary course of business, and credit such items to the aforesaid Custodian Account of the Fund Account pursuant to the Custodian’s 's then current funds availability schedule, ; but the Custodian shall have no duty to take action to effect collection of any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentation;
(b) Present for payment all Securities which may mature or be called, redeemed, retired, or otherwise become payable and credit such items to the aforesaid Custodian Account of the Fund Account pursuant to the Custodian’s 's then current funds availability schedule, ; but the Custodian shall have no duty to take action to effect collection of any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentation;
(c) Hold for and credit to the account of the Fund Account all shares of stock and other Securities received as stock dividends or as the result of a stock split or otherwise from or on account of Securities of the Fund, and notify the Fund promptly of the receipt of such items;
(d) Deposit any cash received by it from, for or on behalf of the Fund to the credit of the Fund in the Fund aforesaid Custodian Account (in its own deposit department without liability for interest);
(e) Charge against the Fund aforesaid Custodian Account for the Fund disbursements authorized to be made by the Custodian hereunder and actually made by it, and notify the Fund of such charges at least once a month;
(f) Deliver Securities which are to be transferred to and reissued in the name of the Fund, or of a nominee of the Custodian for the account of the Fund, and temporary certificates which are to be exchanged for permanent certificates, to a proper transfer agent for such purpose against interim receipts or other proper delivery receipts; and
(g) Hold for disposition in accordance with Written Instructions Orders from the Fund hereunder all options, rights, and similar Securities which may be received by the Custodian and which are issued with respect to any Securities securities held by it hereunder, and notify the Fund promptly of the receipt of such items.
Appears in 3 contracts
Samples: Custodian Agreement (First American Strategy Funds Inc), Custodian Agreement (First American Funds Inc), Custodian Agreement (First American Investment Funds Inc)
Custodian's Acts Without Instructions. Unless and until the Custodian receives contrary Written Instructions written orders from the Fund, the Custodian shall, shall without order from the Fund:
(a) Present for payment all bills, notes, checks, drafts, drafts and similar items, and all coupons or other income items (except stock dividends), held or received for the account of the Fund, and which require presentation in the ordinary course of business, and credit such items to the Custodian Account of the Fund Account pursuant conditionally, subject to the Custodian’s then current funds availability schedule, but the Custodian shall have no duty to take action to effect collection of any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentationfinal payment;
(b) Present for payment all Securities securities which may mature or be called, redeemed, retired, or otherwise become payable and credit such items to the Custodian Account of the Fund Account pursuant conditionally, subject to the Custodian’s then current funds availability schedule, but the Custodian shall have no duty to take action to effect collection of any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentationfinal payment;
(c) Hold for and credit to the account of the Fund Account all shares of stock and other Securities securities received as stock dividends or as the result of a stock split or otherwise from or on account of Securities securities of the Fund, and notify the Fund promptly of the receipt of such items;
(d) Deposit any cash received by it from, for or on behalf of the Fund to the credit of the Fund in the Custodian Account of the Fund Account (in its own deposit department without liability for interest);
(e) Charge against the Fund aforesaid Custodian Account for the Fund disbursements authorized to be made by the Custodian hereunder and actually made by it, and notify the Fund of such charges at least once a month;
(f) Deliver Securities securities which are to be transferred to and reissued in the name of the Fund, or of a nominee of the Custodian for the account of the Fund, and temporary certificates which are to be exchanged for permanent certificates, to a proper transfer agent for such purpose purposes against interim receipts or other proper delivery receipts; and
(g) Hold for disposition in accordance with Written Instructions written orders from the Fund hereunder all options, rights, rights and similar Securities securities which may be received by the Custodian and which are issued with respect to any Securities securities held by it hereunder, and notify the Fund promptly of the receipt of such items.
Appears in 3 contracts
Samples: Custodian Agreement (Advantus Real Estate Securities Inc), Custodian Agreement (Advantus Cornerstone Fund Inc), Custodian Agreement (Advantus Enterprise Fund Inc)
Custodian's Acts Without Instructions. Unless and until the Custodian receives contrary Written Instructions Orders from the Fund, the Custodian shall, shall without order from the Fund:
(a) Present for payment all bills, notes, checks, drafts, and similar items, and all coupons or other income items (except stock dividends), held or received for the account of the Fund, and which require presentation in the ordinary course of business, and credit such items to the aforesaid Custodian Account of the Fund Account pursuant to the Custodian’s 's then current funds availability schedule, ; but the Custodian shall have no duty to take action to effect collection of any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentation;
(b) Present for payment all Securities which may mature or be called, redeemed, retired, or otherwise become payable and credit such items to the aforesaid Custodian Account of the Fund Account pursuant to the Custodian’s 's then current funds availability schedule, ; but the Custodian shall have no duty to take action to effect collection of any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentation;
(c) Hold for and credit to the account of the Fund Account all shares of stock and other Securities received as stock dividends or as the result of a stock split or otherwise from or on account of Securities of the Fund, and notify the Fund promptly of the receipt of such itemsitem;
(d) Deposit any cash received by it from, for or on behalf of the Fund to the credit of the Fund in the Fund aforesaid Custodian Account (in its own deposit department without liability for interest);
(e) Charge against the Fund aforesaid Custodian Account for the Fund disbursements authorized to be made by the Custodian hereunder and actually made by it, and notify the Fund of such charges at least once a month;
(f) Deliver Securities which are to be transferred to and reissued in the name of the Fund, or of a nominee of the Custodian for the account of the Fund, and temporary certificates which are to be exchanged for permanent certificates, to a proper transfer agent for such purpose against interim receipts or other proper delivery receipts; and
(g) Hold for disposition in accordance with Written Instructions Orders from the Fund hereunder all options, rights, and similar Securities which may be received by the Custodian and which are issued with respect to any Securities securities held by it hereunder, and notify the Fund promptly of the receipt of such items.
Appears in 2 contracts
Samples: Custodian Agreement (Portico Funds Inc /Mn/), Custodian Agreement (First American Insurance Portfolios Inc)
Custodian's Acts Without Instructions. Unless and until the Custodian receives contrary Written Instructions from an officers' certificate to the Fundcontrary, the Custodian shall, without order from the Fund:
(a) Present for payment all bills, notes, checks, drafts, coupons and similar items, and all coupons or other income items (except stock dividends), held or received by it for the account of the FundTrust which call for payment upon presentation and hold the funds received by it upon such payment for the account of the Trust: (b) collect interest and cash dividends received, with notice to the Trust, for the account of the Trust; (c) hold for the account of the Trust hereunder all stock dividends, rights and similar securities issued with respect to any securities held by it hereunder; (d) execute as agent on behalf of the Trust all necessary ownership certificates required by the Internal Revenue Code or the Income Tax Regulations of the United States Treasury Department or under the laws of any State now or hereafter in effect, inserting the Trust's name on such certificates as the owner of the securities covered thereby, to the extent it may lawfully do so; (e) transmit promptly to the Trust all reports, notices and other written information received by the Custodian from or concerning issuers of the Trust's portfolio securities; and (f) collect from the borrower the securities loaned and delivered by the Custodian pursuant to item (h) of Section 5 hereof, (i) any interest or cash dividends paid on such securities, and which require presentation in (ii) all stock dividends, rights and similar securities issued with respect to any such loaned securities. With respect to securities of foreign issue, it is expected that the ordinary course Custodian will use its best efforts to effect collection of businessdividends, interest and other income, and credit to notify the Trust of any call for redemption, offer of exchange, right of subscription, reorganization, or other proceedings affecting such items securities, or any default in payments due thereon. It is understood, however, that the Custodian shall be under no responsibility for any failure or delay in effecting such collections or giving such notice with respect to securities of foreign issue, regardless of whether or not the relevant information is published in any financial service available to it unless such failure or delay is due to its negligence; however, this sentence shall not be construed as creating any such responsibility with respect to securities of non-foreign issue, other than such responsibility as may be part of the general responsibility of the Custodian as stated in this Section 7. Collections of income in foreign currency are, to the Fund Account pursuant extent possible to be converted into United States dollars unless otherwise instructed in writing, and in effecting such conversion the Custodian’s then current funds availability scheduleCustodian may use such methods or agencies as it may see fit, but including the facilities of its own foreign division at customary rates. All risk and expenses incident to such collection and conversion is for the account of the Trust and the Custodian shall have no duty to take action to effect collection of responsibility for fluctuations in exchange rates affecting any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentation;
(b) Present for payment all Securities which may mature or be called, redeemed, retired, or otherwise become payable and credit such items to the Fund Account pursuant to the Custodian’s then current funds availability schedule, but the Custodian shall have no duty to take action to effect collection of any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentation;
(c) Hold for and credit to the Fund Account all shares of stock and other Securities received as stock dividends or as the result of a stock split or otherwise from or on account of Securities of the Fund, and notify the Fund promptly of the receipt of such items;
(d) Deposit any cash received by it from, for or on behalf of the Fund to the credit of the Fund in the Fund Account (in its own deposit department without liability for interest);
(e) Charge against the Fund Account for Fund disbursements authorized to be made by the Custodian hereunder and actually made by it, and notify the Fund of such charges at least once a month;
(f) Deliver Securities which are to be transferred to and reissued in the name of the Fund, or of a nominee of the Custodian for the account of the Fund, and temporary certificates which are to be exchanged for permanent certificates, to a proper transfer agent for such purpose against interim receipts or other proper delivery receipts; and
(g) Hold for disposition in accordance with Written Instructions from the Fund hereunder all options, rights, and similar Securities which may be received by the Custodian and which are issued with respect to any Securities held by it hereunder, and notify the Fund promptly of the receipt of such itemsconversion.
Appears in 2 contracts
Samples: Custody Agreement (Command Tax Free Fund), Custody Agreement (Command Money Fund)
Custodian's Acts Without Instructions. Unless and until the Custodian receives contrary Written Instructions written orders from the Fund, the Custodian shall, shall without order from the Fund:
(a) Present for payment all bills, notes, checks, drafts, drafts and similar items, and all coupons or other income items (except stock dividends), held or received for the account of the Fund, and which require presentation in the ordinary course of business, and credit such items to the aforesaid Custodian Account of the Fund Account pursuant conditionally, subject to the Custodian’s then current funds availability schedule, but the Custodian shall have no duty to take action to effect collection of any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentationfinal payment;
(b) Present for payment all Securities securities which may mature or be called, redeemed, retired, or otherwise become payable and credit such items to the aforesaid Custodian Account of the Fund Account pursuant conditionally, subject to the Custodian’s then current funds availability schedule, but the Custodian shall have no duty to take action to effect collection of any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentationfinal payment;
(c) Hold hold for and credit to the account of the Fund Account all shares of stock and other Securities securities received as stock dividends or as the result of a stock split or otherwise from or on account of Securities securities of the Fund, and notify the Fund promptly of the receipt of such items;
(d) Deposit deposit any cash received by it from, for or on behalf of the Fund to the credit of the Fund in the Fund Account aforesaid Custodian (in its own deposit department without liability for interest);
(e) Charge charge against the Fund aforesaid Custodian Account for the Fund disbursements authorized to be made by the Custodian hereunder and actually made by it, and notify the Fund of such charges at least once a month;
(f) Deliver Securities deliver securities which are to be transferred to and reissued re-issued in the name of the Fund, or of a nominee of the Custodian for the account of the Fund, and temporary certificates which are to be exchanged for permanent certificates, to a proper transfer agent for such purpose against interim receipts or other proper delivery receipts; receipts and
(g) Hold hold for disposition in accordance with Written Instructions written orders from the Fund hereunder all options, rights, rights and similar Securities securities which may be received by the Custodian and which are issued with respect to any Securities securities held by it hereunder, and notify the Fund promptly of the receipt of such items.
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Custodian's Acts Without Instructions. Unless and until the Custodian receives contrary Written Instructions written orders from the Fund, the Custodian shall, shall without order from the Fund:
(a) Present for payment all bills, notes, checks, drafts, drafts and similar items, and all coupons or other income items (except stock dividends), held or received for the account of the Fund, and which require presentation in the ordinary course of business, and credit such items to the Fund Account pursuant Custodian Accounts of the appropriate Portfolios conditionally, subject to the Custodian’s then current funds availability schedule, but the Custodian shall have no duty to take action to effect collection of any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentationfinal payment;
(b) Present for payment all Securities securities which may mature or be called, redeemed, retired, or otherwise become payable and credit such items to the Fund Account pursuant Custodian Accounts of the appropriate Portfolios conditionally, subject to the Custodian’s then current funds availability schedule, but the Custodian shall have no duty to take action to effect collection of any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentationfinal payment;
(c) Hold for and credit to the Fund Account account of each Portfolio all shares of stock and other Securities securities received as stock dividends or as the result of a stock split or otherwise from or on account of Securities securities of the Fundsuch Portfolio, and notify the Fund promptly of the receipt of such items;
(d) Deposit any cash received by it from, for or on behalf of the Fund to the credit of the Fund in the Fund Account Custodian Accounts of the appropriate Portfolios (in its own deposit department without liability for interest);
(e) Charge against the Fund Account aforesaid Custodian Accounts for the Fund disbursements authorized to be made by the Custodian hereunder and actually made by it, and notify the Fund of such charges at least once a month;
(f) Deliver Securities securities which are to be transferred to and reissued in the name of the Fund, or of a nominee of the Custodian for the account of the Fund, and temporary certificates which are to be exchanged for permanent certificates, to a proper transfer agent for such purpose purposes against interim receipts or other proper delivery receipts; and
(g) Hold for disposition in accordance with Written Instructions written orders from the Fund hereunder all options, rights, rights and similar Securities securities which may be received by the Custodian and which are issued with respect to any Securities securities held by it hereunder, and notify the Fund promptly of the receipt of such items.
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Custodian's Acts Without Instructions. Unless and until the Custodian receives contrary Written Instructions Orders from the FundTrust, the Custodian shall, shall without order from the FundTrust:
(a) Present for payment all bills, notes, checks, drafts, and similar items, and all coupons or other income items (except stock dividends), held or received for the account of the FundTrust, and which require presentation in the ordinary course of business, and credit such items to the Fund aforesaid Custodian Account of the Trust pursuant to the Custodian’s 's then current funds Trusts availability schedule, ; but the Custodian shall have no duty to take action to effect collection of any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentation;
(b) Present for payment all Securities which may mature or be called, redeemed, retired, or otherwise become payable and credit such items to the Fund aforesaid Custodian Account of the Trust pursuant to the Custodian’s 's then current funds Trusts availability schedule, ; but the Custodian shall have no duty to take action to effect collection of any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentation;
(c) Hold for and credit to the Fund Account account of the Trust all shares of stock and other Securities received as stock dividends or as the result of a stock split or otherwise from or on account of Securities of the FundTrust, and notify the Fund Trust promptly of the receipt of such items;
(d) Deposit any cash received by it from, for or on behalf of the Fund Trust to the credit of the Fund Trust in the Fund aforesaid Custodian Account (in its own deposit department without liability for interest);
(e) Charge against the Fund aforesaid Custodian Account for Fund the Trust disbursements authorized to be made by the Custodian hereunder and actually made by it, and notify the Fund Trust of such charges at least once a month;
(f) Deliver Securities which are to be transferred to and reissued in the name of the FundTrust, or of a nominee of the Custodian for the account of the FundTrust, and temporary certificates which are to be exchanged for permanent certificates, to a proper transfer agent for such purpose against interim receipts or other proper delivery receipts; and
(g) Hold for disposition in accordance with Written Instructions Orders from the Fund Trust hereunder all options, rights, and similar Securities which may be received by the Custodian and which are issued with respect to any Securities securities held by it hereunder, and notify the Fund Trust promptly of the receipt of such items.
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Samples: Custodian Agreement (USBAM Securities Lending Trust)
Custodian's Acts Without Instructions. Unless and until the Custodian receives contrary Written Instructions from an Officer's Certificate to the Fundcontrary, the Custodian shall, without order from the Fund:
(a) Present for payment all bills, notes, checks, drafts, coupons and similar items, and all coupons or other income items (except stock dividends), held or by it for the account of the Fund which call for payment upon presentation and hold the funds received by it upon such payment for the account of the Fund, and which require presentation in the ordinary course of business, and credit such items to the Fund Account pursuant to the Custodian’s then current funds availability schedule, but the Custodian shall have no duty to take action to effect collection of any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentation;
: (b) Present for payment all Securities which may mature or be calledcollect interest and cash dividends received, redeemed, retired, or otherwise become payable and credit such items with notice to the Fund Account pursuant to the Custodian’s then current funds availability schedule, but the Custodian shall have no duty to take action to effect collection of any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentation;
(c) Hold for and credit to the Fund Account all shares of stock and other Securities received as stock dividends or as the result of a stock split or otherwise from or on account of Securities of the Fund, and notify the Fund promptly of the receipt of such items;
(d) Deposit any cash received by it from, for or on behalf of the Fund to the credit of the Fund in the Fund Account (in its own deposit department without liability for interest);
(e) Charge against the Fund Account for Fund disbursements authorized to be made by the Custodian hereunder and actually made by it, and notify the Fund of such charges at least once a month;
(f) Deliver Securities which are to be transferred to and reissued in the name of the Fund, or of a nominee of the Custodian for the account of the Fund, and temporary certificates which are to be exchanged : (c) hold for permanent certificates, to a proper transfer agent for such purpose against interim receipts or other proper delivery receipts; and
(g) Hold for disposition in accordance with Written Instructions from the account of the Fund hereunder all optionsstock dividends, rights, rights and similar Securities which may be received by the Custodian and which are securities issued with respect to any Securities securities held by it in hereunder; (d) execute as agent on behalf of the Fund all necessary ownership certificates required by the Internal Revenue Code or the Income Tax Regulations of the United States Treasury Department or under the laws of any state now or hereafter in effect, inserting the Fund's name on such certificates as the owner of the securities covered thereby, to the extent At may lawfully do so; (e) transmit promptly to the Fund all reports, notices and other written information received by the Custodian from or concerning issuers of the Fund's portfolio securities; and (f) collect from the borrower the securities loaned and delivered by the Custodian pursuant to item (h) of Section 5 hereof, any interest or cash dividends paid on such securities, and all stock dividends, rights an similar securities issued with respect to any such loaned securities. With respect to securities of foreign issue, it is expected that the Custodian will use its best efforts to effect collection of dividends, interest and other income, and to notify the Fund promptly of any call for redemption, offer of exchange, right of subscription, reorganization, or other proceedings affecting such securities, or any default in payments due thereon. It is understood, however, that the Custodian shall be under no responsibility for any failure or delay in effecting such collections or giving such notice with respect to securities of foreign issue, regardless of whether or not the relevant information is published in any financial service available to it unless such failure or delay is due to its negligence; however, this sentence shall not be construed as creating any such responsibility with respect to securities or. non-foreign issue, other than such responsibility as may be part of the receipt general responsibility of the Custodian as stated in this Section 7. Collections of income in foreign currency are, to the extent possible, to be converted into United States dollars unless otherwise instructed in writing, and in effecting such itemsconversion the Custodian may use such methods or agencies as it may see fit it, including the facilities of its own foreign division at customary rates. All risk and expenses incident to such collection and conversion is for the account of the Fund and the Custodian shall have no responsibility for fluctuations in exchange rates affecting any such conversion.
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Samples: Custody Agreement (Spectra Fund Inc)
Custodian's Acts Without Instructions. Unless and until the Custodian receives contrary Written Instructions from an officers' certificate to the Fundcontrary, the Custodian shall, without order from the Fund:
(a) Present for payment all bills, notes, checks, drafts, coupons and similar items, and all coupons or other income items (except stock dividends), held or received by it for the account of the FundTrust which call for payment upon presentation and hold the funds received by it upon such payment for the account of the Trust: (b) collect interest and cash dividends received, with notice to the Trust, for the account of the Trust; (c) hold for the account of the Trust hereunder all stock dividends, rights and similar securities issued with respect to any securities held by it hereunder; (d) execute as agent on behalf of the Trust all necessary ownership certificates a required by the Internal Revenue Code or the Income Tax Regulations of the United States Treasury Department or under the laws of any State now or hereafter in effect, inserting the Trust's name on such certificates as the owner of the securities covered thereby, to the extent it may lawfully do so; (e) transmit promptly to the Trust all reports, notices and other written information received by the Custodian from or concerning issuers of the Trust's portfolio securities; and (f) collect from the borrower the securities loaned and delivered by the Custodian pursuant to item (h) of Section 5 hereof, (i) any interest or cash dividends paid on such securities, and which require presentation in (ii) all stock dividends, rights and similar securities issued with respect to any such loaned securities. With respect to securities of foreign issue, it is expected that the ordinary course Custodian will use its best efforts to effect collection of businessdividends, interest and other income, and credit to notify the Trust of any call for redemption, offer of exchange, right of subscription, reorganization, or other proceedings affecting such items securities, or any default in payments due thereon. It is understood, however, that the Custodian shall be under no responsibility for any failure or delay in effecting such collections or giving such notice with respect to securities of foreign issue, regardless of whether or not the relevant information is published in any financial service available to it unless such failure or delay is due to its negligence; however, this sentence shall not be construed as creating any such responsibility with respect to securities of non-foreign issue, other than such responsibility as may be part of the general responsibility of the Custodian as stated in this Section 7. Collections of income in foreign currency are, to the Fund Account pursuant extent possible to be converted into United States dollars unless otherwise instructed in writing, and in effecting such conversion the Custodian’s then current funds availability scheduleCustodian may use such methods or agencies as it may see fit, but including the facilities of its own foreign division at customary rates. All risk and expenses incident to such collection and conversion is for the account of the Trust and the Custodian shall have no duty to take action to effect collection of responsibility for fluctuations in exchange rates affecting any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentation;
(b) Present for payment all Securities which may mature or be called, redeemed, retired, or otherwise become payable and credit such items to the Fund Account pursuant to the Custodian’s then current funds availability schedule, but the Custodian shall have no duty to take action to effect collection of any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentation;
(c) Hold for and credit to the Fund Account all shares of stock and other Securities received as stock dividends or as the result of a stock split or otherwise from or on account of Securities of the Fund, and notify the Fund promptly of the receipt of such items;
(d) Deposit any cash received by it from, for or on behalf of the Fund to the credit of the Fund in the Fund Account (in its own deposit department without liability for interest);
(e) Charge against the Fund Account for Fund disbursements authorized to be made by the Custodian hereunder and actually made by it, and notify the Fund of such charges at least once a month;
(f) Deliver Securities which are to be transferred to and reissued in the name of the Fund, or of a nominee of the Custodian for the account of the Fund, and temporary certificates which are to be exchanged for permanent certificates, to a proper transfer agent for such purpose against interim receipts or other proper delivery receipts; and
(g) Hold for disposition in accordance with Written Instructions from the Fund hereunder all options, rights, and similar Securities which may be received by the Custodian and which are issued with respect to any Securities held by it hereunder, and notify the Fund promptly of the receipt of such itemsconversion.
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Custodian's Acts Without Instructions. Unless and until the Custodian receives contrary Written Instructions written orders from the Fund, the Custodian shall, shall without order from the Fund:
(a) Present for payment all bills, notes, checks, drafts, drafts and similar items, and all coupons or other income items (except stock dividends), held or received for the account of the Fund, and which require presentation in the ordinary course of business, and credit such items to the Fund Account pursuant Custodian Accounts of the appropriate Portfolios, in accordance with the schedule specified in your Standards Manual, conditionally, subject to the Custodian’s then current funds availability schedule, but the Custodian shall have no duty to take action to effect collection of any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentationfinal payment;
(b) Present for payment all Securities securities which may mature or be called, redeemed, retired, or otherwise become payable and credit such items to the Fund Account pursuant Custodian Accounts of the appropriate Portfolios conditionally, subject to the Custodian’s then current funds availability schedule, but the Custodian shall have no duty to take action to effect collection of any amount if the assets upon which such payment is due are in default or if payment is refused after due demand and presentationfinal payment;
(c) Hold for and credit to the Fund Account account of each Portfolio all shares of stock and other Securities securities received as stock dividends or as the result of a stock split or otherwise from or on account of Securities securities of the Fund, such Portfolio and notify the Fund promptly of the receipt of such items;
(d) Deposit any cash received by it from, for or on behalf of the Fund to the credit of the Fund in the Fund Account Custodian Accounts of the appropriate Portfolios (in its own deposit department without liability for interest);
(e) Charge against the Fund Account aforesaid Custodian Accounts for the Fund disbursements authorized to be made by the Custodian hereunder and actually made by it, and notify the Fund of such charges at least once a month;
(f) Deliver Securities securities which are to be transferred to and reissued in the name of the Fund, or of a nominee of the Custodian for the account of the Fund, and temporary certificates which are to be exchanged for permanent certificates, to a proper transfer agent for such purpose purposes against interim receipts or other proper delivery receipts; and
(g) Hold for disposition in accordance with Written Instructions written orders from the Fund hereunder all options, rights, rights and similar Securities securities which may be received by the Custodian and which are issued with respect to any Securities securities held by it hereunder, and notify the Fund promptly of the receipt of such items.
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