Common use of CUSTODIAN’S CERTIFICATE Clause in Contracts

CUSTODIAN’S CERTIFICATE. The Acquired Fund shall instruct its custodian to deliver, at the Closing, a certificate of an authorized officer stating that (i) the Assets have been delivered in proper form to the custodian for the Acquiring Fund on the Closing Date, and (ii) all necessary taxes in connection with the delivery of the Assets, including all applicable federal and state stock transfer stamps, if any, have been paid or provision for payment has been made. The Acquired Fund's portfolio securities represented by a certificate or other written instrument shall be presented by the custodian for the Acquired Fund to the custodian for the Acquiring Fund for examination no later than five business days preceding the Closing Date, and shall be transferred and delivered by the Acquired Fund as of the Closing Date for the account of the Acquiring Fund duly endorsed in proper form for transfer in such condition as to constitute good delivery thereof free and clear of all liens, encumbrances and claims whatsoever. The Acquired Fund's portfolio securities and instruments deposited with a securities depository, as defined in Rule 17f-4 under the 1940 Act, or other permitted counterparties or a futures commission merchant, as defined in Rule 17f-6 under the 1940 Act, shall be delivered as of the Closing Date by book entry, in accordance with the customary practices of such depositories and future commission merchants and the custodian for the Acquiring Fund. The cash to be transferred by the Acquired Fund shall be delivered in the manner specified by the Acquiring Fund.

CUSTODIAN’S CERTIFICATE. The portfolio securities of the Acquired Fund shall instruct its custodian to deliver, at the Closing, a certificate of an authorized officer stating that (i) the Assets have been delivered in proper form to the custodian for the Acquiring Fund on the Closing Date, and (ii) all necessary taxes in connection with the delivery of the Assets, including all applicable federal and state stock transfer stamps, if any, have been paid or provision for payment has been made. The Acquired Fund's portfolio securities represented be made available by a certificate or other written instrument shall be presented by the custodian for the Acquired Fund to the custodian Acquiring Fund’s custodian, for the Acquiring Fund for examination examination, no later than five business days preceding the Closing Date, and shall be transferred and delivered by the Acquired Fund as of the Closing Date Effective Time for the account of the Acquiring Fund duly endorsed in proper form for transfer in such condition as to constitute good delivery thereof free and clear in accordance with the custom of all liens, encumbrances and claims whatsoeverbrokers. The Acquired Fund's portfolio securities and instruments deposited with a securities depositoryFund shall direct Citibank, N.A. (the “Custodian”), as defined in Rule 17f-4 under custodian for the 1940 ActAcquired Fund, or other permitted counterparties or a futures commission merchant, as defined in Rule 17f-6 under the 1940 Act, shall be delivered to deliver as of the Closing Date Effective Time by book entry, in accordance with the customary practices of the Custodian and any securities depository (as defined in Rule 17f-4 under the 0000 Xxx) in which the Acquired Fund’s assets are deposited, the Acquired Fund’s portfolio securities and instruments deposited with such depositories and future commission merchants and the custodian for the Acquiring Funddepositories. The cash to be transferred by the Acquired Fund shall be delivered by wire transfer of federal funds on the Closing Date. Forum shall use commercially reasonable efforts to cause the Custodian to deliver within three business days after the Closing, a certificate of an authorized officer stating that (a) the Acquired Fund’s portfolio securities, cash, and any other assets shall have been delivered in proper form to the manner specified Acquiring Fund on the Closing Date and (b) all necessary taxes, including all applicable federal and state stock transfer stamps, if any, shall have been paid, or provision for payment shall have been made, in conjunction with the delivery of portfolio securities by the Acquiring FundAcquired Fund (the “Custodian Certificate”).

CUSTODIAN’S CERTIFICATE. The Acquired Fund Trust shall instruct its custodian custodian, PFPC Trust Company, to deliver, deliver at the Closing, Closing a certificate of an authorized officer stating that that: (ia) the Assets Transferring Funds' portfolio securities, cash, and any other assets shall have been delivered in proper form to the custodian for the Acquiring Fund on the Closing Date, ; and (iib) all necessary taxes in connection with the delivery of the Assets, including all applicable federal and state stock transfer stamps, if any, shall have been paid paid, or provision for payment has shall have been made, in conjunction with the delivery of portfolio securities by the Transferring Funds. The Acquired Transferring Fund's ’s portfolio securities represented by a certificate or other written instrument shall be presented by the custodian for the Acquired Fund PFPC Trust Company to the custodian for the Acquiring Fund Fund, Citibank, N.A., for examination no later than five (5) business days preceding the Closing Date, Date and shall be transferred and delivered by the Acquired Transferring Fund as of the Closing Date for the account of the Acquiring Fund Fund, duly endorsed in proper form for transfer in such condition as to constitute good delivery thereof free and clear of all liens, encumbrances encumbrances, and claims whatsoever, in accordance with the custom of brokers. The Acquired Transferring Fund's portfolio ’s securities and instruments deposited with a securities depository, depository (as defined in Rule 17f-4 under the 1940 Act, 0000 Xxx) or other permitted counterparties or a futures commission merchant, merchant (as defined in Rule 17f-6 under the 1940 Act, 0000 Xxx) shall be delivered as of the Closing Date by book entry, entry in accordance with the customary practices of such depositories and future futures commission merchants and the custodian for the Acquiring Fundmerchants. The cash to be transferred by the Acquired Transferring Fund shall be transferred and delivered in by the manner specified by Transferring Fund as of the Closing Date for the account of the Acquiring Fund.

CUSTODIAN’S CERTIFICATE. The Acquired Fund shall instruct its custodian custodian, State Street Bank and Trust Company ("SSB&T" or the "Custodian"), to deliver, deliver at the Closing, Closing a certificate of an authorized officer stating that that: (ia) the Assets have been delivered in proper form to the custodian for the Acquiring Fund on the Closing Date, ; and (iib) all necessary taxes in connection with the delivery of the Assets, including all applicable federal and state stock transfer stamps, if any, have been paid paid, or provision for payment has shall have been made, in conjunction with the delivery of portfolio securities by the Acquired Fund. The Acquired Fund's portfolio securities represented by a certificate or other written instrument shall be presented by the custodian for the Acquired Fund Custodian to the custodian for the Acquiring Fund Fund, SSB&T, for examination no later than five (5) business days preceding the Closing Date, Date and shall be transferred and delivered by the Acquired Fund as of the Closing Date for the account of the Acquiring Fund Fund, duly endorsed in proper form for transfer in such condition as to constitute good delivery thereof free and clear of all liens, encumbrances and claims whatsoever, in accordance with the custom of brokers. The Acquired Fund's portfolio securities and instruments deposited with a securities depository, depository (as defined in Rule 17f-4 under the 1940 Act, 0000 Xxx) or other permitted counterparties or a futures commission merchant, merchant (as defined in Rule 17f-6 under the 1940 Act, 0000 Xxx) shall be delivered as of the Closing Date by book entry, entry in accordance with the customary practices of such depositories and future futures commission merchants and the custodian for the Acquiring FundCustodian. The cash to be transferred by the Acquired Fund shall be transferred and delivered in by the manner specified by Acquired Fund as of the Closing Date for the account of the Acquiring Fund.

CUSTODIAN’S CERTIFICATE. The Acquired Fund World Funds Trust shall instruct its custodian custodian, UMB Bank, N.A., to deliver, deliver at the Closing, Closing a certificate of an authorized officer stating that that: (ia) the Assets Transferring Fund's portfolio securities, cash, and any other assets shall have been delivered in proper form to the custodian for the Acquiring Fund on the Closing Date, ; and (iib) all necessary taxes in connection with the delivery of the Assets, including all applicable federal and state stock transfer stamps, if any, shall have been paid paid, or provision for payment has shall have been made, in conjunction with the delivery of portfolio securities by the Transferring Fund. The Acquired Transferring Fund's portfolio securities represented by a certificate or other written instrument shall be presented by the custodian for the Acquired Commonwealth Fund Services, Inc. to the custodian for the Acquiring Fund Fund, US Bank, N.A., for examination no later than five (5) business days preceding the Closing Date, Date and shall be transferred and delivered by the Acquired Transferring Fund as of the Closing Date for the account of the Acquiring Fund Fund, duly endorsed in proper form for transfer in such condition as to constitute good delivery thereof free and clear of all liens, encumbrances encumbrances, and claims whatsoever, in accordance with the custom of brokers. The Acquired Transferring Fund's portfolio securities and instruments deposited with a securities depository, depository (as defined in Rule 17f-4 under the 1940 Act, 1000 Xxx) or other permitted counterparties or a futures commission merchant, merchant (as defined in Rule 17f-6 under the 1940 Act, 1000 Xxx) shall be delivered as of the Closing Date by book entry, entry in accordance with the customary practices of such depositories and future futures commission merchants and the custodian for the Acquiring Fundmerchants. The cash to be transferred by the Acquired Transferring Fund shall be transferred and delivered in by the manner specified by Transferring Fund as of the Closing Date for the account of the Acquiring Fund.