Custody Account. The Custodian agrees to establish and maintain a custody account or accounts on its books in the name of the Customer (the "Account") for any and all Property received and accepted by the Custodian or any Subcustodian for the account of the Customer. The Customer acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, warrants its authority to deposit in the Account any Property received therefor by the Custodian or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same class in place of those deposited in the Account. The Custodian shall hold, keep safe and protect as custodian for Account, on behalf of the Customer, all Property in such Account and, to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the Customer. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with Instructions, except that until the Custodian receives Instructions to the contrary, the Custodian will: (a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the Account; (b) present for payment all Securities held in the Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash received in the Account pursuant to this Agreement; (i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto; (d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale; (e) execute in the Customer's name for the Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the Account; (f) pay for the Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the Account by any governmental authority. In the event there is insufficient Cash available in the Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and (g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian or any Subcustodian.
Appears in 9 contracts
Samples: Custodian Agreement (Total Return U S Treasury Fund Inc), Custodian Agreement (Flag Investors International Fund Inc), Custodian Agreement (Managed Municipal Fund Inc)
Custody Account. The Custodian agrees to establish and maintain a one or more custody account or accounts on its books each in the name of the Customer a Portfolio (the each, an "Account") for any and all Property from time to time received and accepted by the Custodian or any Subcustodian for the account of such Portfolio. Upon delivery by the CustomerCustomer to the Custodian of any Property belonging to a Portfolio, the Customer shall, by Instructions (as herein defined in Section 14), specifically indicate which Portfolio such Property belongs or if such Property belongs to more than one Portfolio shall allocate such Property to the appropriate Portfolio. The Custodian shall allocate such Property to the Accounts in accordance with the Instructions; provided that the Custodian shall have the right, in its sole discretion, to refuse to accept any Property that is not in proper form for deposit for any reason. The Customer on behalf of each Portfolio, acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, Agreement warrants its authority to deposit in the appropriate Account any Property received therefor by the Custodian or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same class in place of those deposited in the Account. The Custodian shall hold, keep safe and protect as custodian for each Account, on behalf of the Customer, all Property in such Account and, to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerAccount. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (which shall specifically reference the Account for which such transaction is being settled), except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the appropriate Account;
(b) present for payment all Securities held in the an Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash received in the such Account pursuant to this Agreement;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the an Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the an Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;:
(e) execute in the Customer's name for the Account, an Account whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the such Account;
(f) pay for the each Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the such Account by any governmental authority. In the event there is insufficient Cash available in the such Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the such Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
(g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian or any Subcustodian.
Appears in 9 contracts
Samples: Custodian Agreement (Flag Investors Equity Partners Fund Inc), Custodian Agreement (Isi Strategy Fund Inc), Custodian Agreement (Isi Strategy Fund Inc)
Custody Account. The Custodian agrees to establish and maintain a one or more custody account or accounts on its books each in the name of the Customer a Portfolio (the each, an "Account") for any and all Property from time to time received and accepted by the Custodian or any Subcustodian for the account of such Portfolio. Upon delivery by the CustomerCustomer to the Custodian of any Property belonging to a Portfolio, the Customer shall, by Instructions (as hereinafter defined in Section 14), specifically indicate which Portfolio such Property belongs or if such Property belongs to more than one Portfolio shall allocate such Property to the appropriate Portfolio. The Custodian shall allocate such Property to the Accounts in accordance with the Instructions; provided that the Custodian shall have the right, in its sole discretion, to refuse to accept any Property that is not in proper form for deposit for any reason. The Customer on behalf of each Portfolio, acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, warrants its authority to deposit in the appropriate Account any Property received therefor by the Custodian or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same class in place of those deposited in the Account. The Custodian shall hold, keep safe and protect as custodian for each Account, on behalf of the Customer, all Property in such Account and, to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerAccount. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (which shall specifically reference the Account for which such transaction is being settled), except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the appropriate Account;
(b) present for payment all Securities held in the an Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash received in the such Account pursuant to this Agreement;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the an Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the an Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute in the Customer's name for the an Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the such Account;
(f) pay for the each Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the such Account by any governmental authority. In the event there is insufficient Cash available in the such Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the such Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
(g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian or any Subcustodian.
Appears in 6 contracts
Samples: Custodian Agreement (Delaware Group Tax Free Fund Inc), Custodian Agreement (Ct&t Funds), Custodian Agreement (DMC Tax Free Income Trust Pa)
Custody Account. The Custodian agrees to establish and maintain a one or more custody account or accounts on its books each in the name of the Customer on behalf of a Portfolio (the each, an "Account") for any and all Property from time to time received and accepted by the Custodian or any Subcustodian for the account of such Portfolio. Upon delivery by Customer to Custodian of any acceptable Property belonging to a Portfolio, Customer shall, by Instructions, specifically indicate in which Portfolio such Property belongs or if such Property belongs to more than one Portfolio, shall allocate such Property to the appropriate Portfolios, and Custodian shall allocate such Property to the Accounts in accordance with the Instructions. Customer. The Customer , on behalf of each Portfolio, acknowledges (i) its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, notwithstanding, that it may be acting on behalf of other persons, and (ii) warrants its authority to deposit in the appropriate Account any Property received therefor by the Custodian or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same class in place of those deposited in the Account. The Custodian shall hold, keep safe and protect as custodian for Account, on behalf of the Customer, each Account all Property in such Account and, to the extent such Property constitutes "financial assets for purposes of assets" as defined in the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerPortfolio in whose name the Account is maintained. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (which shall specifically reference the Account for which such transaction is being settled), except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the appropriate Account;
(b) present for payment all Securities held in the an Account which that are called, redeemed or retired or otherwise become payable and all coupons and other income items which that call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash received in the such Account pursuant to this Agreement;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the an Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the an Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute in the Customer's name for the an Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the such Account;
(f) pay for the each Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the such Account by any governmental authority. In the event there is insufficient Cash available in the such Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and Customer may, or may cause the CustomerPortfolio to, at its option, may deposit additional Cash in the such Account or take steps to have sufficient Cash available. The Customer Customer, on behalf of the Portfolios agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes taxes, to cooperate with the Custodian in furnishing information, executing documents or otherwise; and;
(g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian or any Subcustodian; and
(h) in the event of any loss of Securities or Cash, use its best efforts to ascertain the circumstances relating to such loss and promptly report the same to Customer. Custodian shall provide cash management services to Customer.
Appears in 6 contracts
Samples: Custodian Agreement (Forum Funds), Custodian Agreement (Forum Funds), Custodian Agreement (Forum Funds)
Custody Account. The Custodian agrees to establish and maintain a custody account or accounts on its books in the name of the Customer (the "Account") for any and all Property from time to time received and accepted by the Custodian or any Subcustodian for the account Account of the Customer. The Custodian shall have the right, in its sole discretion, to refuse to accept any Property that is not in proper form for deposit for any reason. The Customer acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, warrants its authority to deposit in the Account any Property received therefor by the Custodian or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same class in place of those deposited in the Account. The Custodian shall hold, keep safe and protect as custodian for the Account, on behalf of the Customer, all Property in such Account and, to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerAccount. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with Instructions, except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the Account;
(b) present for payment all Securities held in the Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash received in the Account pursuant to this Agreement;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) above is received for the Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute in the Customer's name for the Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the Account;
(f) pay for the Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the Account by any governmental authority. In the event there is insufficient Cash available in the Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
(g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian or any Subcustodian.
Appears in 6 contracts
Samples: Custodian Agreement (Short Intermediate Us Government Securities Portfolio), Custodian Agreement (Asset Management Portfolio), Custodian Agreement (Capital Appreciation Portfolio)
Custody Account. The Custodian agrees to establish and maintain a one or more custody account or accounts on its books books, each in the name of the Customer a Portfolio (the each, an "Account") for any and all Property from time to time received and accepted by the Custodian or any Subcustodian for the account of such Portfolio. Upon delivery by the CustomerCustomer to the Custodian of any Property belonging to a Portfolio, the Customer shall, by Instructions (as hereinafter defined in Section 14), specifically indicate to which Portfolio such Property belongs, or if such Property belongs to more than one Portfolio, shall allocate such Property to the appropriate Portfolios. The Customer Custodian shall allocate such Property to each Account in accordance with the Instructions; PROVIDED THAT the Custodian shall have the right, in its sole discretion, to refuse to accept any Property that is not in proper form for deposit for any reason. The Customer, on behalf of each Portfolio, acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, warrants its authority to deposit in the appropriate Account any Property received therefor by the Custodian or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same class in place of those deposited in the an Account. The Custodian shall hold, keep safe and protect as custodian for each Account, on behalf of the Customer, all Property in such Account and, to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerAccount. All transactions, including, but not limited to, foreign exchange transactions, transactions involving the Property Property, shall be executed or settled solely in accordance with InstructionsInstructions (which shall specifically reference the Account for which such transaction is being settled), except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the appropriate Account;
(b) present for payment all Securities held in the an Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash received in the such Account pursuant to this Agreement;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the an Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the an Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the appropriate Account with the net proceeds of such sale;
(e) execute in the Customer's name for the an Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the such Account;
(f) pay for the each Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the such Account by any governmental authority. In the event there is insufficient Cash available in the an Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the such Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
(g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian or any Subcustodian.
Appears in 5 contracts
Samples: Custodian Agreement (Usaa Mutual Fund Inc), Custodian Agreement (Usaa Mutual Fund Inc), Custodian Agreement (Usaa Mutual Funds Trust)
Custody Account. The Custodian agrees to establish and maintain a custody account or accounts on its books in the name of the Customer (the "`Account"'') for any and all Property from time to time received and accepted by the Custodian or any Subcustodian for the account Account of the Customer. The Custodian shall have the right, in its sole discretion, to refuse to accept any Property that is not in proper form for deposit for any reason. The Customer acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, warrants its authority to deposit in the Account any Property received therefor by the Custodian or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same class in place of those deposited in the Account. The Custodian shall hold, keep safe and protect as custodian for the Account, on behalf of the Customer, all Property in such Account and, to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerAccount. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with Instructions, except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the Account;
(b) present for payment all Securities held in the Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash received in the Account pursuant to this Agreement;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) above is received for the Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute in the Customer's name for the Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the Account;
(f) pay for the Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the Account by any governmental authority. In the event there is insufficient Cash available in the Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
(g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian or any Subcustodian.
Appears in 4 contracts
Samples: Custodian Agreement (International Equity Portfolio), Custodian Agreement (Equity 500 Index Portfolio), Custodian Agreement (Cash Management Portfolio)
Custody Account. The Custodian agrees to establish and maintain a one or more custody account or accounts on its books each in the name of the Customer a Portfolio (the each, an "Account") for any and all Property from time to time received and accepted by the Custodian or any Subcustodian for the account of such Portfolio. Upon delivery by the CustomerCustomer to the Custodian of any acceptable Property belonging to a Portfolio, the Customer shall, by Instructions (as hereinafter defined in Section 15), specifically indicate which Portfolio such Property belongs or if such Property belongs to more than one Portfolio shall allocate such Property to the appropriate Portfolio, and the Custodian shall allocate such Property to the Accounts in accordance with the Instructions. The Customer on behalf of each Portfolio, acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, warrants its authority to deposit in the appropriate Account any Property received therefor by the Custodian or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same class in place of those deposited in the Account. The Custodian shall hold, keep safe and protect as custodian for each Account, on behalf of the Customer, all Property in such Account and, to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerPortfolio in whose name the Account is maintained. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (which shall specifically reference the Account for which such transaction is being settled), except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the appropriate Account;
(b) present for payment all Securities held in the an Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash received in the such Account pursuant to this Agreement;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the an Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the an Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute in the Customer's name for the an Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the such Account;
(f) pay for the each Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the such Account by any governmental authority. In the event there is insufficient Cash available in the such Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the such Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
(g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian or any Subcustodian.
Appears in 4 contracts
Samples: Custodian Agreement (Wt Investment Trust I), Custodian Agreement (Wt Mutual Fund), Custodian Agreement (Wt Mutual Fund)
Custody Account. The Custodian Bank agrees to establish and maintain a one or more custody account or accounts on its books each in the name of a Portfolio or in the Customer name of Forum on behalf of a Portfolio (the each, an "Account") for any and all Property from time to time received and accepted by the Custodian Bank or any Subcustodian for the account of such Portfolio. Upon delivery by Forum to the CustomerBank of any acceptable Property belonging to a Portfolio, Forum shall, by Instructions, specifically indicate in which Portfolio such Property belongs or if such Property belongs to more than one Portfolio, shall allocate such Property to the appropriate Portfolios, and the Bank shall allocate such Property to the Accounts in accordance with the Instructions. The Customer Forum, on behalf of each Portfolio, acknowledges (i) its responsibility as a principal for all of its obligations to the Custodian Bank arising under or in connection with this Agreement, notwithstanding that it may be acting on behalf of other persons, and (ii) warrants its authority to deposit in the appropriate Account any Property received therefor by the Custodian Bank or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian Bank may deliver securities of the same class in place of those deposited in the Account. The Custodian Bank shall hold, keep safe and protect as custodian for Account, on behalf of the Customer, each Account all Property in such Account and, to the extent such Property constitutes "financial assets for purposes of assets" as defined in the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerPortfolio in whose name the Account is maintained. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (which shall specifically reference the Account for which such transaction is being settled), except that until the Custodian Bank receives Instructions to the contrary, the Custodian Bank will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the appropriate Account;
(b) present for payment all Securities held in the an Account which that are called, redeemed or retired or otherwise become payable and all coupons and other income items which that call for payment upon presentation to the extent that the Custodian Bank or Subcustodian is actually aware of such opportunities and hold the cash received in the such Account pursuant to this Agreement;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the an Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian Bank to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the an Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian Bank to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian Bank (which sale the Customer Bank hereby authorizes the Custodian Bank to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute in the CustomerForum's name for the an Account, whenever the Custodian Bank deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the such Account;
(f) pay for the each Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the such Account by any governmental authority. In the event there is insufficient Cash available in the such Account to pay such taxes and levies, the Custodian Bank shall notify the Customer Forum of the amount of the shortfall and Forum may, or may cause the CustomerPortfolio to, at its option, may deposit additional Cash in the such Account or take steps to have sufficient Cash available. The Customer Forum, on behalf of the Portfolios agrees, when and if requested by the Custodian Bank and required in connection with the payment of any such taxes taxes, to cooperate with the Custodian Bank in furnishing information, executing documents or otherwise; and
(g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian Bank or any Subcustodian. Bank shall provide cash management services to Forum as provided for in Exhibit E hereto.
Appears in 4 contracts
Samples: Custodian Agreement (Forum Funds), Custodian Agreement (Forum Funds), Custodian Agreement (Forum Funds)
Custody Account. The Custodian agrees to establish and maintain a one or more separate custody account or accounts on its books each in the name of of, as appropriate, the Customer or the Customer on behalf of a Portfolio (the each, an "Account") for any and all Property from time to time received and accepted by the Custodian or any Subcustodian for the account of such Portfolio. Upon delivery by the CustomerCustomer to the Custodian of any Property belonging to a Portfolio, the Customer shall, by Instructions, specifically indicate to which Portfolio such Property belongs or if such Property belongs to more than one Portfolio shall allocate such Property to the appropriate Portfolio. The Custodian shall allocate such Property to the Accounts in accordance with the Instructions; provided that the Custodian shall have the right, in its sole discretion, to refuse to accept any Property that is not in proper form for deposit for any reason. The Customer on behalf of each Portfolio, acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, warrants its authority to deposit in the appropriate Account any Property received therefor by the Custodian or a Subcustodian and to give, and authorize others to give, instructions Instructions relative thereto. The Custodian may deliver securities Securities of the same class in place of those deposited in the Account; provided, however, the Securities so delivered shall be subject to the same restrictions on transfer (if any) and shall be of the same market value as the Securities that are the subject of the Instructions, unless the prevailing market practice in a market causes the Custodian and the Subcustodian, in the exercise of reasonable care, to be unable to obtain delivery of Securities which meet the requirements described in this proviso, in which case, the Custodian shall provide the Customer prompt written notice of delivery of Securities not meeting such requirements. The Custodian shall hold, keep safe and protect as custodian for each Account, on behalf of the Customer, all Property in such Account and, to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerAccount. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (which shall specifically reference the Account for which such transaction is being settled) pursuant to the terms of this Agreement, except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the appropriate Account, and provide prompt notice of any such actions;
(b) present for payment all Securities held in the an Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash Cash received in the such Account pursuant to this Agreement, and provide prompt notice of any such actions;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the an Account, endeavor take all reasonable steps under the circumstances to receive obtain Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the an Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring taking all reasonable steps under the circumstances to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late for Custodian reasonably to seek Instructions, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute in the Customer's name for the an Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the such Account;
(f) pay for the each Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the such Account by any governmental authority. In the event there is insufficient Cash available in the such Account to pay such taxes and levies, the Custodian shall promptly notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the such Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
(g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian or any Subcustodian.
Appears in 3 contracts
Samples: Custodian Agreement (DMC Tax Free Income Trust Pa), Custodian Agreement (Delaware Group Limited Term Government Funds Inc), Custodian Agreement (Delaware Group Trend Fund Inc)
Custody Account. The Custodian agrees to establish and maintain a one or more custody account or accounts on its books in the name of the Customer a Portfolio (the each, an "Account") for any and all Property from time to time received and accepted by the Custodian or any Subcustodian for the account Account of such Portfolio. Upon delivery by the CustomerCustomer to the Custodian of any Property belonging to a Portfolio, the Customer shall, by Instructions (as hereinafter defined in Section 14), specifically indicate which Portfolio such Property belongs or if such Property belongs to more than one Portfolio shall allocate such Property to the appropriate Portfolio. The Custodian shall allocate such Property to the Accounts in accordance with the Instructions; provided that the Custodian shall have the right, in its sole discretion, to refuse to accept any Property that is not in proper form for deposit for any reason. The Customer on behalf of each Portfolio, acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, warrants its authority to deposit in the appropriate Account any Property received therefor by the Custodian or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same class in place of those deposited in the Account. The Custodian shall hold, keep safe and protect as custodian for the Account, on behalf of the Customer, all Property in such Account and, to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerAccount. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (which shall specifically reference the Account for which such transaction is being settled), except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the appropriate Account;
(b) present for payment all Securities held in the an Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash received in the such Account pursuant to this Agreement;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the an Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the an Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute in the Customer's name for the an Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the such Account;
(f) pay for the each Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the such Account by any governmental authority. In the event there is insufficient Cash available in the such Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the such Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
(g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian or any Subcustodian.
Appears in 3 contracts
Samples: Custodian Agreement (Bt Pyramid Mutual Funds), Custodian Agreement (Bt Advisor Funds), Custodian Agreement (Bt Investment Funds)
Custody Account. The Except as provided in the last paragraph of Section 4, Custodian agrees to establish and maintain a one or more custody account or accounts on its books each in the name of the Customer on behalf of a Portfolio (the each, an "Account") for any and all Property from time to time received and accepted by the Custodian or any Subcustodian for the account of such Portfolio. Upon delivery by Customer to Custodian of any acceptable Property belonging to a Portfolio, Customer shall, by Instructions, specifically indicate in which Portfolio such Property belongs or if such Property belongs to more than one Portfolio, shall allocate such Property to the appropriate Portfolio, and Custodian shall allocate such Property to the Accounts in accordance with the Instructions. Customer. The Customer , on behalf of each Portfolio, acknowledges (i) its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, notwithstanding, that it may be acting on behalf of other persons, and (ii) warrants its authority to deposit in the appropriate Account any Property received therefor by the Custodian or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same class in place of those deposited in the Account. The Custodian shall hold, keep safe and protect as custodian for Account, on behalf of the Customer, each Account all Property in such Account and, to the extent such Property constitutes "financial assets for purposes of assets" as defined in the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerPortfolio in whose name the Account is maintained. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (which shall specifically reference the Account for which such transaction is being settled), except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the appropriate Account;
(b) present for payment all Securities held in the an Account which that are called, redeemed or retired or otherwise become payable and all coupons and other income items which that call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash received in the such Account pursuant to this Agreement;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the an Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the an Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute in the Customer's name for the an Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the such Account;
(f) pay for the each Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the such Account by any governmental authority. In the event there is insufficient Cash available in the such Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and Customer may, or may cause the CustomerPortfolio to, at its option, may deposit additional Cash in the such Account or take steps to have sufficient Cash available. The Customer Customer, on behalf of the Portfolios agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes taxes, to cooperate with the Custodian in furnishing information, executing documents or otherwise; and;
(g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian or any Subcustodian; and
(h) in the event of any loss of Securities or Cash, use its best efforts to ascertain the circumstances relating to such loss and promptly report the same to Customer.
Appears in 2 contracts
Samples: Custodial Services Agreement (Monarch Funds), Custodial Services Agreement (Core Trust /De)
Custody Account. The Custodian agrees to establish and maintain a one or more custody account or accounts on its books each in the name of the Customer a Portfolio (the each, an "Account") for any and all Property from time to time received and accepted by the Custodian or any Subcustodian for the account of such Portfolio. Upon delivery by the CustomerCustomer to the Custodian of any Property belonging to a Portfolio, the Customer shall, by Instructions (as hereinafter defined in Section 15), specifically indicate to which Portfolio such Property belongs or if such Property belongs to more than one Portfolio shall allocate such Property to the appropriate Portfolio, and the Custodian shall allocate such Property to the Accounts in accordance with the Instructions. The Customer on behalf of each Portfolio, acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, warrants its authority to deposit in the appropriate Account any Property received therefor by the Custodian or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same class in place of those deposited in the Account. The Custodian shall hold, keep safe and protect as custodian for each Account, on behalf of the Customer, all Property in such Account and, to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerPortfolio in whose name the Account is maintained. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (which shall specifically reference the Account for which such transaction is being settled), except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the appropriate Account;
(b) present for payment all Securities held in the an Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash received in the such Account pursuant to this Agreement;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the an Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the an Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute in the Customer's name for the an Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the such Account;
(f) pay for the each Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the such Account by any governmental authority. In the event there is insufficient Cash available in the such Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the such Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
(g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian or any Subcustodian.
Appears in 2 contracts
Samples: Custodian Agreement (Flag Investors Series Funds Inc), Custodian Agreement (Flag Investors Funds Inc)
Custody Account. The Custodian agrees to establish and maintain a one or more custody account or accounts on its books each in the name of the Customer a Portfolio (the "each, an “Account"”) for any and all Property received from time to time delivered to and accepted by the Custodian or any Subcustodian for the account of such Portfolio. Upon delivery by the CustomerCustomer to the Custodian of any acceptable Property belonging to a Portfolio, the Customer shall, by Instructions, specifically indicate to which Portfolio such Property belongs or if such Property belongs to more than one Portfolio shall allocate such Property to the appropriate Portfolio, and the Custodian shall allocate such Property to the Accounts in accordance with the Instructions. The Customer on behalf of each Portfolio, acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, warrants its authority to deposit in the appropriate Account any Property received delivered therefor by to the Custodian or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same quantity, issuer and class in place of those deposited in or credited to the Account. The Custodian shall hold, keep safe and protect as custodian for each Account, on behalf of the Customer, all Property in such Account and, to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerPortfolio in whose name the Account is maintained. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (which shall specifically reference the Account for which such transaction is being settled), except that until the Custodian receives Instructions to the contrary, the Custodian willwill directly or through a Subcustodian:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the appropriate Account;
(b) present for payment all Securities held in the credited to an Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware or should in the normal course of business be aware of such opportunities and hold credit the cash received in the Cash delivered to such Account pursuant to this Agreement;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or tender, exchange offer or substantially similar corporate action (other than ministerial exchanges described in (i) above) is received for the an Account, endeavor promptly transmit such corporate action to Customer via e-mail or other delivery mechanism as agreed upon in order receive InstructionsInstructions from the Customer, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the an Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, may sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale, if such rights entitlement or fractional interest is marketable in accordance with local market practice, rules, regulations or the terms of the offer, including but not limited to tendering such right entitlement or fractional interest to the offeror;
(e) execute in the Customer's ’s name for the an Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required for the Custodian to fully perform under this Agreement including to obtain the payment of income from the Property in the such Account;
(f) pay for the each Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the such Account by any governmental authority. In the event there is insufficient Cash available in the such Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the such Account or take steps to have sufficient Cash availableavailable it being understood that the Custodian shall have no obligation to advance payments out of its own funds and that payments shall be made solely from amounts immediately available in the applicable Account or from Cash received from the Customer. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes taxes, to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
(g) appoint brokers and agents agents, for which the Custodian shall be responsible, for any of the ministerial transactions involving the Securities and Cash described in (a) - (f)) of this Section 3, including, without limitation, affiliates of the Custodian or any Subcustodian.
Appears in 2 contracts
Samples: Custodian Agreement (Oppenheimer Senior Floating Rate Plus Fund), Custodian Agreement (Oppenheimer Senior Floating Rate Plus Fund)
Custody Account. The Custodian agrees to establish and maintain a one or more custody account or accounts on its books each in the name of Customer on behalf of the Customer Portfolio (the each, an "Account") for any and all Property from time to time received and accepted by the Custodian or any Subcustodian for the account of the Portfolio. Customer. The Customer , on behalf of the Portfolio, (i) acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, notwithstanding, that it may be acting on behalf of other persons, and (ii) warrants its authority to deposit in the appropriate Account any Property received therefor from Customer by the Custodian or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same class in place of those deposited in the Account. The Custodian shall hold, keep safe and protect as custodian for Account, on behalf of the Customer, each Account all Property in such Account and, to the extent such Property constitutes "financial assets for purposes of assets" as defined in the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerPortfolio. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (which shall specifically reference the Account for which such transaction is being settled), except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the appropriate Account;
(b) present for payment all Securities held in the an Account which that are called, redeemed or retired or otherwise become payable and all coupons and other income items which that call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash received in the such Account pursuant to this Agreement;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the an Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the an Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute in the Customer's name for the an Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the such Account;
(f) pay for the each Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the such Account by any governmental authority. In the event there is insufficient Cash available in the such Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and Customer may, or may cause the CustomerPortfolio to, at its option, may deposit additional Cash in the such Account or take steps to have sufficient Cash available. The Customer Customer, on behalf of the Portfolio, agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes taxes, to cooperate with the Custodian in furnishing information, executing documents or otherwise; and;
(g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian or any Subcustodian; and
(h) in the event of any loss of Securities or Cash, use its best efforts to ascertain the circumstances relating to such loss and promptly report the same to Customer.
Appears in 2 contracts
Samples: Custodian Agreement (Rydex Capital Partners Sphinx Fund), Custodian Agreement (Rydex Capital Partners Sphinx Fund)
Custody Account. The Custodian Bank agrees to establish and maintain a one or more custody account or accounts on its books each in the name of a Portfolio or in the Customer name of Forum on behalf of a Portfolio (the each, an "Account") for any and all Property from time to time received and accepted by the Custodian Bank or any Subcustodian for the account of such Portfolio. Upon delivery by Forum to the CustomerBank of any acceptable Property belonging to a Portfolio, Forum shall, by Instructions, specifically indicate in which Portfolio such Property belongs or if such Property belongs to more than one Portfolio, shall allocate such Property to the appropriate Portfolios, and the Bank shall allocate such Property to the Accounts in accordance with the Instructions. The Customer Forum, on behalf of each Portfolio, acknowledges (i) its responsibility as a principal for all of its obligations to the Custodian Bank arising under or in connection with this Agreement, notwithstanding that it may be acting on behalf of other persons, and (ii) warrants its authority to deposit in the appropriate Account any Property received therefor by the Custodian Bank or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian Bank may deliver securities of the same class in place of those deposited in the Account. The Custodian Bank shall hold, keep safe and protect as custodian for Account, on behalf of the Customer, each Account all Property in such Account and, to the extent such Property constitutes "financial assets for purposes of assets" as defined in the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerPortfolio in whose name the Account is maintained. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (which shall specifically reference the Account for which such transaction is being settled), except that until the Custodian Bank receives Instructions to the contrary, the Custodian Bank will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the appropriate Account;
(b) present for payment all Securities held in the an Account which that are called, redeemed or retired or otherwise become payable and all coupons and other income items which that call for payment upon presentation to the extent that the Custodian Bank or Subcustodian is actually aware of such opportunities and hold the cash received in the such Account pursuant to this Agreement;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the an Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian Bank to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the an Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian Bank to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian Bank (which sale the Customer Forum hereby authorizes the Custodian Bank to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute in the CustomerForum's name for the an Account, whenever the Custodian Bank deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the such Account;
(f) pay for the each Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the such Account by any governmental authority. In the event there is insufficient Cash available in the such Account to pay such taxes and levies, the Custodian Bank shall notify the Customer Forum of the amount of the shortfall and Forum may, or may cause the CustomerPortfolio to, at its option, may deposit additional Cash in the such Account or take steps to have sufficient Cash available. The Customer Forum, on behalf of the Portfolios agrees, when and if requested by the Custodian Bank and required in connection with the payment of any such taxes taxes, to cooperate with the Custodian Bank in furnishing information, executing documents or otherwise; and
(g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian Bank or any Subcustodian.
Appears in 2 contracts
Samples: Custodial Services Agreement (Monarch Funds), Subcustodian Agreement (Core Trust /De)
Custody Account. The Custodian agrees to establish and maintain a one or more custody account or accounts on its books each in the name of the Customer Customer, on behalf of, and in the name of the Investor (individually an "Account", collectively the "AccountAccounts") for any and all Property from time to time received and accepted by the Custodian or any Subcustodian of its Subcustodians for the account of the Customer. The Customer acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, notwithstanding that it may be acting on behalf an Investor and warrants its authority to deposit in the Account Accounts any Property received therefor by the Custodian or a any Subcustodian and to give, and authorize others to give, give instructions relative related thereto. The Customer agrees theat the Custodian may deliver securities of shall not be subject to, nor shall its rights and obligations under this Agreement or with respect to the same class in place of those deposited in Accounts be affected by, any agreement between the AccountCustomer and any other person. The Custodian shall hold, keep safe and protect as custodian for in the Account, on behalf of the Customer, all Property in such Account and, to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerProperty. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (as that term is defied in Section 10), except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, payments whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the appropriate Account;
(b) present for payment all Securities held in the Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or its Subcustodian is actually aware notified of such opportunities and hold the cash received in the appropriate Account pursuant to this Agreement;
(ic) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto);
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain the Customer's Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructionsaction, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the appropriate Account with the net proceeds of such sale;
(e) execute in the Customer's name for the appropriate Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the Account;Property; and
(f) pay for the Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the Account by any governmental authority. In the event there is insufficient Cash available in the an Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
(g) appoint brokers . The Custodian shall deliver, subject to Section 12 below, any and agents for any all Property in the Account in accordance with Instructions and in connection therewith, the Customer will accept delivery of Securities of the ministerial transactions involving same class and denomination in place of those contained in the Account. Neither the Custodian nor any Subcustodian shall have any duty or responsibility to see to the application of any Property withdrawn from the Account upon Instructions. Except as otherwise may be agreed upon by the parties hereto, the Custodian shall not be required to comply with any Instructions to settle the purchase of any Securities described for an Account unless there is sufficient Cash in (a) - (f)the Account at the time or to settle the sale of any Securities from the Account unless such Securities are in deliverable form. Notwithstanding the foregoing, includingif the purchase price of such Securities exceeds the amount of Cash in the Account at the time of such purchase, without limitationthe Custodian may, affiliates in its sole discretion, advance the amount of the difference in order to settle the purchase of such Securities. The amount of any such advance shall be deemed a loan from the Custodian or any Subcustodianto the Customer payable on demand and bearing interest accruing from the date such loan is made to but not including the date such loan is repaid at a rate per annum customarily charged by the Custodian on similar loans.
Appears in 2 contracts
Samples: Custody Agreement (Eagle Growth Shares Inc), Custody Agreement (Philadelphia Fund Inc)
Custody Account. The Custodian agrees to establish and maintain a custody account or accounts on its books in the name of the Customer (the "Account") for any and all Property received and accepted by the Custodian or any Subcustodian for the account of the Customer. The Customer acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, warrants its authority to deposit in the Account any Property received therefor by the Custodian or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same class in place of those deposited in the Account. The Custodian shall hold, keep safe and protect as custodian for Account, on behalf of the Customer, all Property in such Account and, to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the Customer. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with Instructions, except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the Account;
(b) present for payment all Securities held in the Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash received in the Account pursuant to this Agreement;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) abovei)above) is received for the Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute in the Customer's name for the Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the Account;
(f) pay for the Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the Account by any governmental authority. In the event there is insufficient Cash available in the Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
(g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian or any Subcustodian.
Appears in 2 contracts
Samples: Custodian Agreement (Flag Investors Real Estate Securities Fund Inc), Custodian Agreement (Flag Investors Short Intermediate Income Fund Inc)
Custody Account. The Custodian Forum agrees to establish and maintain a one or more custody account or accounts on its books each in the name of the Customer Trust on behalf of a Portfolio (the each, an "Account") for any and all Property from time to time received and accepted by the Custodian Forum or any Subcustodian for the account of such Portfolio. Upon delivery by Trust to Forum of any acceptable Property belonging to a Portfolio, Trust shall, by Instructions, specifically indicate in which Portfolio such Property belongs or if such Property belongs to more than one Portfolio, shall allocate such Property to the Customerappropriate Portfolios, and Forum shall allocate such Property to the Accounts in accordance with the Instructions. The Customer Trust, on behalf of each Portfolio, acknowledges (i) its responsibility as a principal for all of its obligations to the Custodian Forum arising under or in connection with this Agreement, notwithstanding, that it may be acting on behalf of other persons, and (ii) warrants its authority to deposit in the appropriate Account any Property received therefor by the Custodian Forum or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian Forum may deliver securities of the same class in place of those deposited in the Account. The Custodian Forum shall hold, keep safe and protect as custodian for Account, on behalf of the Customer, each Account all Property in such Account and, to the extent such Property constitutes "financial assets for purposes of assets" as defined in the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerPortfolio in whose name the Account is maintained. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (which shall specifically reference the Account for which such transaction is being settled), except that until the Custodian Forum receives Instructions to the contrary, the Custodian Forum will:
(a) collect Collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the appropriate Account;
(b) present Present for payment all Securities held in the an Account which that are called, redeemed or retired or otherwise become payable and all coupons and other income items which that call for payment upon presentation to the extent that the Custodian Forum or Subcustodian is actually aware of such opportunities and hold the cash received in the such Account pursuant to this Agreement;
(i) exchange Exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the an Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian Forum to take timely action, no action shall be taken with respect thereto;
(d) whenever Whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the an Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian Forum to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian Forum (which sale the Customer Trust hereby authorizes the Custodian Forum to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute Execute in the CustomerTrust's name for the an Account, whenever the Custodian Forum deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the such Account;
(f) pay Pay for the each Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the such Account by any governmental authority. In the event there is insufficient Cash available in the such Account to pay such taxes and levies, the Custodian Forum shall notify the Customer Trust of the amount of the shortfall and Trust may, or may cause the CustomerPortfolio to, at its option, may deposit additional Cash in the such Account or take steps to have sufficient Cash available. The Customer Trust, on behalf of the Portfolios agrees, when and if requested by the Custodian Forum and required in connection with the payment of any such taxes taxes, to cooperate with the Custodian Forum in furnishing information, executing documents or otherwise; and;
(g) appoint Appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian Forum or any Subcustodian; and
(h) In the event of any loss of Securities or Cash, use its best efforts to ascertain the circumstances relating to such loss and promptly report the same to Trust. Forum shall provide cash management services to Trust as referenced in the "Instructions Regarding Cash Management Services", dated December 8, 1999, and as may be amended from time to time.
Appears in 1 contract
Custody Account. The Custodian agrees to establish and maintain a one or more custody account or accounts on its books each in the name of the Customer (the each, an "Account") for any and all Property received from time to time delivered to and accepted by the Custodian or any Subcustodian for the account of the Customer. The Customer acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, warrants its authority to deposit in the appropriate Account any Property received delivered therefor by to the Custodian or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same quantity, issuer and class in place of those deposited in or credited to the Account. The Custodian shall hold, keep safe and protect as custodian for each Account, on behalf of the Customer, all Property in such Account and, to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the Customer. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (which shall specifically reference the Account for which such transaction is being settled), except that until the Custodian receives Instructions to the contrary, the Custodian willwill directly or through a Subcustodian:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the appropriate Account;
(b) present for payment all Securities held in the credited to an Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold credit the cash received in the delivered to such Account pursuant to this Agreement;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the an Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the an Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, may sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale, if such rights entitlement or fractional interest is marketable in accordance with local market practice, rules, regulations or the terms of the offer, including but not limited to tendering such right entitlement or fractional interest to the offeror;
(e) execute in the Customer's name for the an Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the such Account;
(f) pay for the each Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the such Account by any governmental authority. In the event there is insufficient Cash available in the such Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the such Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
(g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian or any Subcustodian.
Appears in 1 contract
Samples: Custodian Agreement (Scudder Rreef Real Estate Fund Inc)
Custody Account. The Custodian agrees to establish and maintain a custody account or accounts on its books in the name of the Customer (the "Account") for any and all Property form time to time received and accepted by the Custodian or any Subcustodian nay of its subcustodians for the account of the Customer. The Customer acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, notwithstanding that it may be acting on behalf of Fund and warrants its authority to deposit in the Account any Property received therefor by the Custodian shall not be subject to, nor shall its rights and obligations under this Agreement or a Subcustodian with respect to the Account be affected by, any agreement between the Customer and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same class in place of those deposited in the Accountany other person. The Custodian shall hold, keep safe and protect as custodian for in the Account, on behalf of the Customer, all Property in such Account and, to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerProperty. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (as that term is defied in Section 10), except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, payments whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the Account;
(b) present for payment all Securities held in the Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash received in the Account pursuant to this Agreement;
(ic) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and 16 the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto);
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain the Customer's Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructionsaction, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute executed in the Customer's name for the Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the Account;Property; and
(f) pay for the Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the Account by any governmental government authority. In the event there is insufficient Cash available in the Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
(g) appoint brokers . The Custodian shall deliver, subject to Section 12 below, any and agents for any all Property in the Account in accordance with instructions and in connection therewith, the Customer will accept delivery of Securities of the ministerial transactions involving same class and denomination in place of those contained in the Account. Neither the Custodian nor any subcustodian shall have any duty or responsibility to see to the application of any Property withdrawn from the Account upon Instructions. Except as otherwise may be agreed upon by the parties hereto, the Custodian shall not be required to comply with any Instructions to settle the purchase of any Securities described for the Account unless there is sufficient Cash in (a) - (f)the Account at the time or settle the sale of any Securities from the Account unless such Securities are in deliverable form. Notwithstanding the foregoing, includingif the purchase price of such Securities exceeds the amount of Cash in the Account at the time of such purchase, without limitationthe Custodian may, affiliates in its sole discretion, advance the amount of the difference in order to settle the purchase of such Securities. The amount of any such advance shall be deemed a loan from the Custodian or any Subcustodianto the Customer payable on demand and bearing interest accruing from the date such loan is made to but not including the date such loan is repaid at a rate per annum customarily charged by the Custodian on similar loans.
Appears in 1 contract
Custody Account. The Custodian agrees to establish and maintain a one or more custody account or accounts on its books each in the name of the Customer on behalf of a Portfolio (the each, an "Account") for any and all Property from time to time received and accepted by the Custodian or any Subcustodian for the account of such Portfolio. Upon delivery by Customer to Custodian of any acceptable Property belonging to a Portfolio, Customer shall, by Instructions , specifically indicate in which Portfolio such Property belongs or if such Property belongs to more than one Portfolio shall allocate such Property to the appropriate Portfolios, and Custodian shall allocate such Property to the Accounts in accordance with the Instructions. Customer. The Customer , on behalf of each Portfolio, acknowledges (i) its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, notwithstanding, that it may be acting on behalf of other persons, and (ii) warrants its authority to deposit in the appropriate Account any Property received therefor by the Custodian or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same class in place of those deposited in the Account. The Custodian shall hold, keep safe and protect as custodian for Account, on behalf of the Customer, each Account all Property in such Account and, to the extent such Property constitutes "financial assets for purposes of assets" as defined in the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerPortfolio in whose name the Account is maintained. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (which shall specifically reference the Account for which such transaction is being settled), except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the appropriate Account;
(b) present for payment all Securities held in the an Account which that are called, redeemed or retired or otherwise become payable and all coupons and other income items which that call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash received in the such Account pursuant to this Agreement;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the an Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the an Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute in the Customer's name for the an Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the such Account;
(f) pay for the each Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the such Account by any governmental authority. In the event there is insufficient Cash available in the such Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and Customer may, or may cause the CustomerPortfolio to, at its option, may deposit additional Cash in the such Account or take steps to have sufficient Cash available. The Customer Customer, on behalf of the Portfolios agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes taxes, to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
(g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian or any Subcustodian. Custodian shall provide cash management services to Customer as provided for in Exhibit E hereto.
Appears in 1 contract
Samples: Custodian Agreement (Forum Funds)
Custody Account. The Custodian agrees to establish and maintain a one or more custody account or accounts on its books each in the name of the Customer a Portfolio (the each, an "Account") for any and all Property received from time to time delivered to and accepted by the Custodian or any Subcustodian for the account of such Portfolio. No later than concurrently with the Customerdelivery by the Customer to the Custodian of any acceptable Property belonging to a Portfolio, the Customer shall, by Instructions (as hereinafter defined in Section 18) and an amended Exhibit A, specifically indicate to which Portfolio such Property belongs or if such Property belongs to more than one Portfolio shall allocate such Property to the appropriate Portfolio, and the Custodian shall allocate such Property to the Accounts in accordance with the Instructions. The Customer on behalf of each Portfolio, acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, warrants its authority to deposit in the appropriate Account any Property received delivered therefor by to the Custodian or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same quantity, issuer and class in place of those deposited in or credited to the Account. Any updated Exhibit A for a Portfolio shall supercede all prior Exhibits A for such Portfolio. The Custodian shall hold, keep safe and protect as custodian for each Account, on behalf of the Customer, all Property in such Account and, to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerPortfolio in whose name the Account is maintained. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (which shall specifically reference the Account for which such transaction is being settled), except that until the Custodian receives Instructions to the contrary, the Custodian willwill directly or through a Subcustodian:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the appropriate Account;
(b) present for payment all Securities held in the credited to an Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware or should in the normal course of business be aware of such opportunities and hold credit the cash received in the delivered to such Account pursuant to this Agreement;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or tender, exchange offer or substantially similar corporate action (other than ministerial exchanges described in (i) above) is received for the an Account, endeavor promptly transmit such corporate action to Customer via e-mail or other delivery mechanism as agreed upon in order receive InstructionsInstructions from the Customer, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the an Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, will sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale, if such rights entitlement or fractional interest is marketable in accordance with local market practice, rules, regulations or the terms of the offer, including but not limited to tendering such right entitlement or fractional interest to the offeror;
(e) execute in the Customer's name for the an Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required for the Custodian to fully perform under this Agreement including to obtain the payment of income from the Property in the such Account;
(f) pay for the each Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the such Account by any governmental authority. In the event there is insufficient Cash available in the such Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the such Account or take steps to have sufficient Cash availableavailable it being understood that the Custodian shall have no obligation to advance payments out of its own funds and that payments shall be made solely from amounts immediately available in the applicable Account or from Cash received from the Customer. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
(g) appoint brokers and agents agents, for which the Custodian shall be responsible, for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian or any Subcustodian.
Appears in 1 contract
Samples: Custodial Agreement (Oppenheimer Master Loan Fund, LLC)
Custody Account. The Custodian agrees to establish and maintain a custody account or accounts on its books in the name of the Customer (the "Account") for any and all Property from time to time received and accepted by the Custodian or any Subcustodian of its subcustodians for the account of the Customer. The Customer acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, notwithstanding that it may be acting on behalf of Funds and warrants its authority to deposit in the Account any Property received therefor by the Custodian shall not be subject to, nor shall its rights and obligations under this Agreement or a Subcustodian with respect to the Account be affected by, any agreement between the Customer and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same class in place of those deposited in the Accountany other person. The Custodian shall hold, keep safe and protect as custodian for in the Account, on behalf of the Customer, all Property in such Account and, to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerProperty. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (as that term is defied in Section 10), except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, payments whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the Account;
(b) present for payment all Securities held in the Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash received in the Account pursuant to this Agreement;
(ic) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto);
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain the Customer's Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructionsaction, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute executed in the Customer's name for the Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the Account;Property; and
(f) pay for the Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the Account by any governmental authority. In the event there is insufficient Cash available in the Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
(g) appoint brokers . The Custodian shall deliver, subject to Section 12 below, any and agents for any all Property in the Account in accordance with instructions and in connection therewith, the Customer will accept delivery of Securities of the ministerial transactions involving same class and denomination in place of those contained in the Account. Neither the Custodian nor any subcustodian shall have any duty or responsibility to see to the application of any Property withdrawn from the Account upon Instructions. Except as otherwise may be agreed upon by the parties hereto, the Custodian shall not be required to comply with any Instructions to settle the purchase of any Securities described for the Account unless there is sufficient Cash in (a) - (f)the Account at the time or to settle the sale of any Securities from the Account unless such Securities are in deliverable form. Notwithstanding the foregoing, includingif the purchase price of such Securities exceeds the amount of Cash in the Account at the time of such purchase, without limitationthe Custodian may, affiliates in its sole discretion, advance the amount of the difference in order to settle the purchase of such Securities. The amount of any such advance shall be deemed a loan from the Custodian or any Subcustodianto the Customer payable on demand and bearing interest accruing from the date such loan is made to but not including the date such loan is repaid at a rate per annum customarily charged by the Custodian on similar loans.
Appears in 1 contract
Samples: Custody Agreement (Croft Funds Corp)
Custody Account. The Custodian Bank agrees to establish and maintain a one or more custody account or accounts on its books each in the name of a Portfolio or in the Customer name of Forum on behalf of a Portfolio (the each, an "Account") for any and all Property from time to time received and accepted by the Custodian Bank or any Subcustodian for the account of such Portfolio. Upon delivery by Forum to the CustomerBank of any acceptable Property belonging to a Portfolio, Forum shall, by Instructions, specifically indicate in which Portfolio such Property belongs or if such Property belongs to more than one Portfolio shall allocate such Property to the appropriate Portfolios, and the Bank shall allocate such Property to the Accounts in accordance with the Instructions. The Customer Forum, on behalf of each Portfolio, acknowledges (i) its responsibility as a principal for all of its obligations to the Custodian Bank arising under or in connection with this Agreement, notwithstanding that it may be acting on behalf of other persons, and (ii) warrants its authority to deposit in the appropriate Account any Property received therefor by the Custodian Bank or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian Bank may deliver securities of the same class in place of those deposited in the Account. The Custodian Bank shall hold, keep safe and protect as custodian for Account, on behalf of the Customer, each Account all Property in such Account and, to the extent such Property constitutes "financial assets for purposes of assets" as defined in the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerPortfolio in whose name the Account is maintained. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (which shall specifically reference the Account for which such transaction is being settled), except that until the Custodian Bank receives Instructions to the contrary, the Custodian Bank will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the appropriate Account;
(b) present for payment all Securities held in the an Account which that are called, redeemed or retired or otherwise become payable and all coupons and other income items which that call for payment upon presentation to the extent that the Custodian Bank or Subcustodian is actually aware of such opportunities and hold the cash received in the such Account pursuant to this Agreement;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the an Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian Bank to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the an Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian Bank to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian Bank (which sale the Customer Bank hereby authorizes the Custodian Bank to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute in the CustomerForum's name for the an Account, whenever the Custodian Bank deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the such Account;
(f) pay for the each Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the such Account by any governmental authority. In the event there is insufficient Cash available in the such Account to pay such taxes and levies, the Custodian Bank shall notify the Customer Forum of the amount of the shortfall and Forum may, or may cause the CustomerPortfolio to, at its option, may deposit additional Cash in the such Account or take steps to have sufficient Cash available. The Customer Forum, on behalf of the Portfolios agrees, when and if requested by the Custodian Bank and required in connection with the payment of any such taxes taxes, to cooperate with the Custodian Bank in furnishing information, executing documents or otherwise; and
(g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian Bank or any Subcustodian. Custodian shall provide cash management services to Forum as provided for in Exhibit E hereto.
Appears in 1 contract
Custody Account. The Custodian agrees to establish and maintain a custody account or accounts on its books in the name of the Customer (the "Account") for any and all Property from time to time received and accepted by the Custodian or any Subcustodian of its subcustodians for the account of the Customer. The Customer acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, notwithstanding that it may be acting on behalf of other persons and warrants its authority to deposit in the Account any Property received therefor by the Custodian or a Subcustodian its subcustodian and to give, and authorize others to give, instructions relative thereto. The Customer further agrees that the Custodian may deliver securities of shall not be subject to, nor shall its rights and obligations under this Agreement or with respect to the same class in place of those deposited in Account be affected by, any agreement between the AccountCustomer and any other person. The Custodian shall hold, keep safe and protect as custodian for in the Account, on behalf of the Customer, all Property in such Account and, to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerProperty. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (as that term is defined in Section 10), except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the Account;
(b) present for payment all Securities held in the Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash received in the Account pursuant to this Agreement;
(ic) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form from and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto);
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take make timely action or if actual notice of such actions was received too late to seek Instructionsaction, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute in the Customer's name for the Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the Account;Property; and
(f) pay for the Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the Account by any governmental authority. In the event there is insufficient Cash available in the Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
(g) appoint brokers . The Custodian shall deliver subject to Section 12 below any or all Property in the Account in accordance with Instructions and agents for any in connection therewith, the Customer will accept delivery of Securities of the ministerial transactions involving same class and denomination in place of those contained in the Account. Neither the Custodian nor any subcustodian shall have any duty or responsibility to see to the application of any Property withdrawn from the Account upon Instructions. Except as otherwise may be agreed upon by the parties hereto, the Custodian shall not be required to comply with Instructions to settle the purchase of any Securities described for the Account unless othere is sufficient Cash in (a) - (f)the Account at the time or to settle the sale of any Securities in the Account unless such Securities are in deliverable form. Notwithstanding the foregoing, includingif the purchase price of such Securities exceeds the amount of Cash in the Account at the time of such purchase, without limitationthe Custodian may, affiliates in its sole discretion, advance the amount of the difference in order to settle the purchase of such Securities. The amount of any such advance shall be deemed a loan from the Custodian or any Subcustodianto the Customer payable on demand and bearing interest accruing from the date such loan is made to but not including the date such loan is repaid at a rate per annum customarily charged by the Custodian on similar loans.
Appears in 1 contract
Samples: Custodian Agreement (GCG Trust)
Custody Account. The Except as provided in Section 4, Custodian agrees to establish and maintain a one or more custody account or accounts on its books each in the name of the Customer (the "Account") for any and all Property received and accepted by the Custodian or any Subcustodian for the account on behalf of the Customer. The Customer acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, warrants its authority to deposit in the Account any Property received therefor by the Custodian or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same class in place of those deposited in the Account. The Custodian shall hold, keep safe and protect as custodian for Account, on behalf of the Customer, each Account all Property in such Account and, to the extent such Property constitutes "financial assets for purposes of assets" as defined in the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerFund in whose name the Account is maintained. All transactions, including, but not limited to, foreign exchange transactions, transactions involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (which shall specifically reference the Account for which such transaction is being settled), except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the appropriate Account;
(b) present for payment all Securities held in the an Account which that are called, redeemed or retired or otherwise become payable and all coupons and other income items which that call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash received in the such Account pursuant to this Agreement;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) or any proxies, notices, reports or other communications pertaining to any of the Securities in any Account is received for the an Account, endeavor to receive provide notification to Customer and to obtain Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the an Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute in the Customer's name for the an Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the such Account;
(f) pay for the each Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the such Account by any governmental authority. In the event there is insufficient Cash available in the such Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and Customer may, or may cause the CustomerFund to, at its option, may deposit additional Cash in the such Account or take steps to have sufficient Cash available. The Customer Customer, on behalf of the Funds agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes taxes, to cooperate with the Custodian in furnishing information, executing documents or otherwise; and;
(g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (fa)--(f), including, without limitation, affiliates of the Custodian or any Subcustodian;
(h) in the event of any loss of Securities or Cash, use its best efforts to ascertain the circumstances relating to such loss and promptly report the same to Customer; and
(i) invest accumulated cash in short-term funds as directed by Customer from time to time in Instructions. The Custodian shall not be liable for interest on any cash not so invested or held by it awaiting investment or distribution instructions from Customer.
Appears in 1 contract
Custody Account. The Custodian agrees to establish and maintain a one or more custody account or accounts on its books in the name of the Customer a Portfolio (the "each, an `Account"'') for any and all Property from time to time received and accepted by the Custodian or any Subcustodian for the account Account of such Portfolio. Upon delivery by the CustomerCustomer to the Custodian of any Property belonging to a Portfolio, the Customer shall, by Instructions (as hereinafter defined in Section 14), specifically indicate which Portfolio such Property belongs or if such Property belongs to more than one Portfolio shall allocate such Property to the appropriate Portfolio. The Custodian shall allocate such Property to the Accounts in accordance with the Instructions; provided that the Custodian shall have the right, in its sole discretion, to refuse to accept any Property that is not in proper form for deposit for any reason. The Customer on behalf of each Portfolio, acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, warrants its authority to deposit in the appropriate Account any Property received therefor by the Custodian or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same class in place of those deposited in the Account. The Custodian shall hold, keep safe and protect as custodian for the Account, on behalf of the Customer, all Property in such Account and, to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerAccount. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (which shall specifically reference the Account for which such transaction is being settled), except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the appropriate Account;
(b) present for payment all Securities held in the an Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash received in the such Account pursuant to this Agreement;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the an Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the an Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute in the Customer's name for the an Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the such Account;
(f) pay for the each Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the such Account by any governmental authority. In the event there is insufficient Cash available in the such Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the such Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
(g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian or any Subcustodian.
Appears in 1 contract
Custody Account. The Custodian agrees to establish and maintain a one or more custody account or accounts on its books in the name of the Customer (the "Account") for any and all Property consisting of Securities from time to time received and accepted by the Custodian or any Subcustodian of its Subcustodians for the account of the Customer. Any and all Property consisting of Cash from time to time received and accepted by the Custodian or any of its Subcustodians for the account of the Customer shall be credited to one or more demand deposit accounts or custody cash accounts of the Customer (the "Cash Account") on the books of the Custodian. The Custodian shall have the right, in its sole discretion, to refuse to accept any Property that is not in proper form for deposit for any reason. The Customer acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, notwithstanding that it may be acting on behalf of other persons, and warrants its authority to deposit in the Account or Cash Account, as the case may be, any Property received therefor by the Custodian or a its Subcustodian and to give, and authorize others to give, instructions relative theretothereto pursuant to the terms of this Agreement. The Custodian may deliver securities of the same class in place of those deposited in the Account. The Customer further agrees that the Custodian shall not be subject to, nor shall its rights and obligations under this Agreement or with respect to the Account or the Cash Account, as the case may be, be affected by, any agreement between the Customer and any other person. The Custodian shall hold, keep safe and protect as custodian for the Account, on behalf of the Customer, all Property in such the Account and, and the Cash Account. Subject to the extent such Property constitutes financial assets for purposes provisions of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor next paragraph relating to Securities issued outside of the Customer. All transactionsUnited States and collections of income in a currency other than United States dollars, including, but not limited to, foreign exchange transactions, all transactions involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (as that terms is defined in Section 8), except that until the Custodian receives Instructions to the contrary, the Custodian will:
: (a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the Cash Account;
; (b) present for payment all Securities held in the Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold credit the cash received in to the Account pursuant to this AgreementCash Account;
(iI) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to of securities, for the Securities themselves) ); and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (iI) above) is received for the Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute in the Customer's name for the Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the Account;
(f) pay for the Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the Account by any governmental authority. In the event there is insufficient Cash available in the Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
(g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian or any Subcustodian.
Appears in 1 contract
Samples: Custody Agreement (Separate Account a of Golden American Life Insurance Co)
Custody Account. The Custodian agrees to establish and maintain a one or more custody account or accounts on its books each in the name of the Customer (the each, an "Account") for any and all Property from time to time received and accepted by the Custodian or any Subcustodian for the account of the Customer. The Customer acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, warrants its authority to deposit in the appropriate Account any Property received therefor by the Custodian or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same class in place of those deposited in the Account. The Custodian shall hold, keep safe and protect as custodian for each Account, on behalf of the Customer, all Property in such Account and, to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the Customer. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (which shall specifically reference the Account for which such transaction is being settled), except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the appropriate Account;
(b) present for payment all Securities held in the an Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash received in the such Account pursuant to this Agreement;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the an Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the an Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute in the Customer's name for the an Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the such Account;
(f) pay for the each Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the such Account by any governmental authority. In the event there is insufficient Cash available in the such Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the such Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
(g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian or any Subcustodian.
Appears in 1 contract
Samples: Custodian Agreement (Scudder Rreef Real Estate Fund Inc)
Custody Account. The Custodian agrees to establish and maintain a custody account or accounts on its books in the name of the Customer (the "Account") for any and all Property received and accepted by the Custodian or any Subcustodian for the account of the Customer. The Custodian shall have the right, in its sole discretion, to refuse to accept any Property that is not in proper form for deposit for any reason. The Customer acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, warrants its authority to deposit in the Account any Property received therefor by the Custodian or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same class in place of those deposited in the Account. The Custodian shall hold, keep safe and protect as custodian for Account, on behalf of the Customer, all Property in such Account and, to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerAccount. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with Instructions, except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the Account;
(b) present for payment all Securities held in the Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash received in the Account pursuant to this Agreement;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute in the Customer's name for the Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the Account;
(f) pay for the Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the Account by any governmental authority. In the event there is insufficient Cash available in the Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
(g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian or any Subcustodian.
Appears in 1 contract
Samples: Custodian Agreement (General American Investors Co Inc)
Custody Account. The Custodian agrees to establish and maintain a custody account or accounts on its books in the name of the Customer (the "Account") for any and all Property from time received and accepted by the Custodian or any Subcustodian nay of its subcustodians for the account of the Customer. The Customer acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, notwithstanding that it may be acting on behalf of Portfolio and warrants its authority to deposit in the Account any and Property received therefor by the Custodian shall not be subject to, nor shall its rights and obligations under this Agreement or a Subcustodian with respect to the Account be affected by, any agreement between the Customer and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same class in place of those deposited in the Accountother person. The Custodian shall hold, keep safe and protect as custodian for in the Account, on behalf of the Customer, all Property in such Account and, to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerProperty. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (as that term is defied in Section 10), except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, payments whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the Account;
(b) present for payment all Securities held in the Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash received in the Account pursuant to this Agreement;
(ic) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto);
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the Account and such rights entitlement or fractional interest bears an and expiration date, if after endeavoring to obtain the Custodian's Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructionsaction, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute executed in the Customer's name for the Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the Account;Property; and
(f) pay for the Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the Account by any governmental authority. In the event there is insufficient Cash available in the Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
(g) appoint brokers . The Custodian shall deliver, subject to Section 12 below, and agents for any all Property in the Account in accordance with instructions and in connection therewith, the Customer will accept delivery of Securities of the ministerial transactions involving same class and denomination in place of those contained in the Account. Neither the Custodian nor any subcustodian shall have any duty or responsibility to see to the application of any Property withdrawn from the Account upon Instructions. Except as otherwise may be agreed upon by the parties hereto, the Custodian shall not be required to comply with any Instructions to settle the purchase of any Securities described for the Account unless there is sufficient Cash in (a) - (f)the Account at the time or to settle the sale of any Securities form the Account unless such Securities are in deliverable form. Notwithstanding the foregoing, includingif the purchase price of such Securities exceeds the amount of Cash in the Account at the time of such purchase, without limitationthe Custodian may, affiliates in its sole discretion, advance the amount of the difference in order to settle the purchase of such Securities. The amount of any such advance shall be deemed a loan from the Custodian or any Subcustodianto the Customer payable on demand and bearing interest accruing from the date such loan is made to but not including the date such loan is repaid at a rate per annum customarily charged by the Custodian on similar loans.
Appears in 1 contract
Custody Account. The Custodian agrees to establish and maintain a one or more custody account or accounts on its books in the name of the Customer (the "Account") for any and all Property consisting of Securities from time to time received and accepted by the Custodian or any Subcustodian of its Subcustodians for the account of the Customer. Any and all Property consisting of Cash from time to time received and accepted by the Custodian or any of its Subcustodians for the account of the Customer shall be credited to one or more demand deposit accounts or custody cash accounts of the Customer (the "Cash Account") on the books of the Custodian. The Customer acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, notwithstanding that it may be acting on behalf of other persons, and warrants its authority to deposit in the Account or Cash Account, as the case may be, any Property received therefor by the Custodian or a its Subcustodian and to give, and authorize others to give, instructions relative theretothereto pursuant to the terms of this Agreement. The Customer further agrees that the Custodian shall not be subject to, nor shall its rights and obligations under this Agreement or with respect to the Account or the Cash Account, as the case may deliver securities of be, be affected by, any agreement between the same class in place of those deposited in the AccountCustomer and any other person. The Custodian shall hold, keep safe and protect as custodian for the Account, on behalf of the Customer, all Property in such the Account and, and the Cash Account and to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the Customer. All transactionsSubject to the provisions of the next paragraph relating to Securities issued outside of the United States and collections of income in a currency other than United States dollars, including, but not limited to, foreign exchange transactions, all transactions involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (as that term is defined in Section 8), except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the Cash Account;.
(b) present for payment all Securities held in the Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold credit the cash received in to the Account pursuant to this AgreementCash Account;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) ); and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructionsaction, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Cash Account with the net proceeds of such sale;:
(e) execute in the Customer's name for the Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the Account;
(f) pay for the Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the Account by any governmental authority. In the event there is insufficient Cash available in the Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwiseProperty; and
(gf) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (fe), including, without limitation, affiliates of the Custodian or any Subcustodian. Notwithstanding the foregoing and any Instructions received in connection therewith, with respect to Securities issued outside of the United States, the Custodian shall not assume any responsibility with respect to coupon payments, redemptions, exchanges, or similar matters affecting such Securities, and its duties hereunder shall be limited to the safekeeping of such Securities only. Collections of income in foreign currency are, to the extent possible, to be converted into United States dollars as soon as practicable, and in effecting such conversions the Custodian may use such methods or agencies as it may see fit, including the facilities of its own foreign division at customary rates. The Custodian shall deliver, subject to Section 7 below, any and all Property in the Account in accordance with Instructions and, in connection therewith, the Customer will accept delivery of Securities of the same class and amount in place of those contained in the Account.
Appears in 1 contract
Custody Account. The Custodian agrees to establish and maintain a custody account or accounts on its books in the name of the Customer (the "Account") for any and all Property received and accepted by the Custodian or any Subcustodian for the account of the Customer. The Customer acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, warrants its authority to deposit in the Account any Property received therefor by the Custodian or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same class in place of those deposited in the Account. The Custodian shall hold, keep safe and protect as custodian for Account, on behalf of the Customer, all Property in such Account and, to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the Customer. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with Instructions, except that until the Custodian receives Instructions to the contrary, the Custodian will:
: (a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the he same become payable and credit the same to the Account;
; (b) present for payment all Securities held in the Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash received in the Account pursuant to this Agreement;; (c)
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
; (e) execute in the Customer's name for the Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the Account;
; (f) pay for the Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the Account by any governmental authority. In the event there is insufficient Cash available in the Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
and (g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian or any Subcustodian.
Appears in 1 contract
Samples: Custodian Agreement (Flag Investors Portfolios Trust)
Custody Account. The Custodian agrees to establish and maintain a custody account or accounts on its books in the name of the Customer (the "Account") for any and all Property received and accepted by the Custodian or any Subcustodian for the account of the Customer. The Custodian shall have the right, in its sole discretion, to refuse to accept any Property that is not in proper form for deposit for any reason. The Customer acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, warrants its authority to deposit in the Account any Property received therefor by the Custodian or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same class in place of those deposited in the Account. The Custodian shall hold, keep safe and protect as custodian for Account, on behalf of the Customer, all Property in such Account and, to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerAccount. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with Instructions, except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the Account;
(b) present for payment all Securities held in the Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash received in the Account pursuant to this Agreement;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) abovei)above) is received for the Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute in the Customer's name for the Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the Account;
(f) pay for the Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the Account by any governmental authority. In the event there is insufficient Cash available in the Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
(g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian or any Subcustodian.
Appears in 1 contract
Custody Account. The Custodian agrees to establish and maintain a custody account or accounts on its books in the name of the Customer (the "`Account"'') for any and all Property from time to time received and accepted by the Custodian or any Subcustodian for the account Account of the Customer. The Custodian shall have the right, in its sole discretion, to refuse to accept any Property that is not in proper form for deposit for any reason. The Customer acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, warrants its authority to deposit in the Account any Property received therefor by the Custodian or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same class in place of those deposited in the Account. The Custodian shall hold, keep safe and protect as custodian for the Account, on behalf of the Customer, all Property in such Account and, to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerAccount. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with Instructions, except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the Account;
(b) present for payment all Securities held in the Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash received in the Account pursuant to this Agreement;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) above is received for the Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute in the Customer's name for the Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the Account;
(f) pay for the Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the Account by any governmental authority. In the event there is insufficient Cash available in the Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
and (g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian or any Subcustodian.
Appears in 1 contract
Custody Account. The Custodian agrees to establish and maintain a one or more custody account or accounts on its books each in the name of the Customer a Portfolio (the each, an "Account") for any and all Property from time to time received and accepted by the Custodian or any Subcustodian for the account of such Portfolio. Upon delivery by the CustomerCustomer to the Custodian of any Property belonging to a Portfolio, the Customer shall, by Instructions (as herein defined in Section 14), specifically indicate which Portfolio such Property belongs or if such Property belongs to more than one Portfolio shall allocate such Property to the appropriate Portfolio. The Custodian shall allocate such Property to the Accounts in accordance with the Instructions; provided that the Custodian shall have the right, in its sole discretion, to refuse to accept any Property that is not in proper form for deposit for any reason. The Customer on behalf of each Portfolio, acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, Agreement warrants its authority to deposit in the appropriate Account any Property received therefor by the Custodian or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same class in place of those deposited in the Account. The Custodian shall hold, keep safe and protect as custodian for each Account, on behalf of the Customer, all Property in such Account and, to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerAccount. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (which shall specifically reference the Account for which such transaction is being settled), except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the appropriate Account;
; (b) present for payment all Securities held in the an Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash received in the such Account pursuant to this Agreement;
(i) exchange Securities where the exchange is purely ministerial (including, without limitationwithoutlimitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the an Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the an Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;:
(e) execute in the Customer's name for the Account, an Account whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the such Account;
(f) pay for the each Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the such Account by any governmental authority. In the event there is insufficient Cash available in the such Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the such Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
(g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian or any Subcustodian.
Appears in 1 contract
Samples: Custodian Agreement (Flag Investors Short Intermediate Income Fund Inc)
Custody Account. The Custodian Bank agrees to establish and maintain a one or more custody account or accounts on its books each in the name of the Customer a Portfolio (the each, an "Account") for any and all Property from time to time received and accepted by the Custodian Bank or any Subcustodian for the account of such Portfolio. Upon delivery by or on behalf of Forum or a Portfolio to the CustomerBank of any Property belonging to a Portfolio, Forum shall, by Instructions, specifically indicate in which Portfolio such Property belongs or, if such Property belongs to more than one Portfolio, shall allocate such Property to the appropriate Portfolios, and the Bank shall allocate such Property to the Accounts in accordance with the Instructions. The Customer Forum, on behalf of each Portfolio, acknowledges its responsibility as a principal for all of its obligations to the Custodian Bank arising under or in connection with this Agreement, warrants its authority to deposit in the Account any Property received therefor by the Custodian or a Subcustodian and to give, and authorize others to give, instructions relative theretonotwithstanding that it may be acting on behalf of other persons. The Custodian Bank may deliver securities of the same class in place of those deposited in the an Account. The Custodian Bank shall hold, keep safe and protect as custodian for Account, on behalf of the Customer, each Account all Property in such Account and, to the extent such Property constitutes "financial assets for purposes of assets" as defined in the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerAccount. All transactions, including, but not limited to, foreign exchange transactions, transactions involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (which shall specifically reference the Account for which such transaction is being settled), except that until the Custodian Bank receives Instructions to the contrary, the Custodian Bank will:
(ai) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the appropriate Account;
(bii) present for payment all Securities securities held in the an Account which that are called, redeemed or retired or otherwise become payable and all coupons and other income items which that call for payment upon presentation to the extent that the Custodian Bank or Subcustodian is actually aware of such opportunities and hold the cash received in the such Account pursuant to this Agreement;
(iA) exchange Securities securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities securities themselves) and (iiB) when notification of a tender or exchange offer (other than ministerial exchanges described in (iA) above) is received for the an Account, endeavor provide reasonable notice to receive Instructions, provided that Forum regarding the need for Instructions and if such Forum fails to provide Instructions are not received in time for the Custodian Bank to take timely action, no action shall be taken with respect thereto;
(div) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the an Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions notifying Forum such Instructions are not received in time for the Custodian Bank to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian Bank (which sale the Customer Forum hereby authorizes the Custodian Bank to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(ev) execute in the CustomerForum's name for the an Account, whenever the Custodian Bank deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the such Account;
(fvi) pay for the each Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the such Account by any governmental authority. In the event there is insufficient Cash cash available in the such Account to pay such taxes and levies, the Custodian Bank shall notify the Customer Forum of the amount of the shortfall and the CustomerForum may, or may cause a Portfolio to, at its option, may deposit additional Cash cash in the such Account or take steps to have sufficient Cash cash available. The Customer Forum agrees, when and if requested by the Custodian Bank and required in connection with the payment of any such taxes taxes, to cooperate with the Custodian Bank in furnishing information, executing documents or otherwise; and
(gvii) appoint brokers and agents in its sole discretion for any of the ministerial transactions involving the Securities securities described in clauses (ai) - (fvi), including, without limitation, affiliates ,
(viii) invest accumulated cash in the variety of the Custodian short-term funds which it customarily uses in custodial account as directed by Forum. The Bank shall not be liable for interest on any cash not so invested or any Subcustodianheld by it awaiting investment or distribution instructions from Forum.
Appears in 1 contract
Custody Account. The Custodian agrees to establish and maintain a one or more custody account or accounts account(s) on its books in the name of the Customer (the "Account") for any and all Property consisting of Securities from time to time received and accepted by the Custodian or any Subcustodian of its Sub-custodians for the Customer. Such initial account(s) shall be listed on Exhibit A attached hereto, which list shall be updated and distributed to the Customer from time to time. Any and all Property consisting of Cash from time to time received and accepted by the Custodian or any of its Sub-custodians for the account of the CustomerCustomer shall be credited to the Account on the books of the Custodian. The Customer acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, notwithstanding that it may be acting on behalf of other persons, and warrants its authority to deposit in the Account Account, any Property received therefor by the Custodian or a Subcustodian its Sub-custodian and to give, and authorize others to give, instructions relative theretothereto pursuant to the terms of this Agreement. The Customer further agrees that the Custodian may deliver securities of the same class in place of those deposited in shall not be subject to, nor shall its rights and obligations under this Agreement or with respect to the Account, be affected by, any agreement between the Customer and any other person to which the Custodian is not a party. The Custodian shall hold, keep safe and protect as custodian for the Account, on behalf of the Customer, all Property in such the Account and, and to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the Customer. All transactionsExcept as may otherwise be provided herein in respect of Securities issued outside the United States and collections of income in a currency other than United States dollars, including, but not limited to, foreign exchange transactions, all transactions involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (as that term is defined in Section 9), except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the Account;
(b) present for payment all Securities held in the Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold credit the cash received in to the Account pursuant to this AgreementAccount;
(i) exchange Securities where the exchange is purely ministerial and no exercise of discretion is required (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) ); and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the Account, endeavor forward such Instructions to receive Instructionsthe Customer, provided provided, however, that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute in the Customer's name for the Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the AccountProperty;
(f) pay for the Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the Account by any governmental authority. In the event there is insufficient Cash available in the Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
(ge) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (fd), including, including without limitation, affiliates of the Custodian or any SubcustodianSub-custodian; and
(f) distribute or invest cash received in the Account as Principal and Interest per the standing instructions attached hereto as Exhibit B-1 and Exhibit B-2 unless otherwise instructed by the Customer. Notwithstanding any other provisions contained herein or in any Instructions to the contrary, the Customer agrees that all cash amounts received in the Account will be disbursed or invested per the standing instructions provided by the Customer attached hereto as Exhibit B-1 and Exhibit B-2 on the next succeeding Business Day (including proceeds from the sale of securities). The Customer can also instruct the Custodian to make one-time disbursements by providing Instructions in the form of Exhibit I attached hereto. The Custodian shall deliver, subject to Section 9 below, any and all Property in the Account in accordance with Instructions and, in connection therewith, the Customer will accept delivery of Securities of the same class and amount in place of those contained in the Account. "Business Day" means a day other than a Saturday, Sunday or other day on which commercial banks in Chicago, Illinois are authorized or required to by law to close.
Appears in 1 contract
Samples: Custodial Agreement (DMR Mortgage Opportunity Fund LP)
Custody Account. The Custodian agrees to establish and maintain a custody account or accounts on its books in the name of the Customer (the "Account") for any and all Property received and accepted by the Custodian or any Subcustodian for the account of the Customer. The Customer acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, warrants its authority to deposit in the Account any Property received therefor by the Custodian or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same class in place of those deposited in the Account. The Custodian shall hold, keep safe and protect as custodian for Account, on behalf of the Customer, all Property in such Account and, to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the Customer. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with Instructions, except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the Account;
(b) present for payment all Securities held in the Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash received in the Account pursuant to this Agreement;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute in the Customer's name for the Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the Account;
(f) pay for the Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the Account by any governmental authority. In the event there is insufficient Cash available in the Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
(g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian or any Subcustodian.
Appears in 1 contract
Samples: Custodian Agreement (North American Government Bond Fund Inc)
Custody Account. The Custodian agrees to establish and maintain a custody account or accounts on its books in the name of the Customer (the "Account") for any and all Property received and accepted by the Custodian or any Subcustodian for the account of the Customer. The Customer acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, warrants its authority to deposit in the Account any Property received therefor by the Custodian or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same class in place of those deposited in the Account. The Custodian shall hold, keep safe and protect as custodian for the Account, on behalf of the Customer, all Property in such Account and, to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the Customer. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with Instructions, except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the Account;
(b) present for payment all Securities held in the Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash received in the Account pursuant to this Agreement;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) abovei)above) is received for the Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute in the Customer's name for the Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the Account;
(f) pay for the Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the Account by any governmental authority. In the event there is insufficient Cash available in the Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
(g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian or any Subcustodian.
Appears in 1 contract
Custody Account. The Custodian agrees to establish and maintain a one or more custody account or accounts on its books each in the name name
of the Customer a Portfolio (the each, an "Account") for any and all Property from time to time received and accepted by the Custodian or any Subcustodian for the account of such Portfolio. Upon delivery by the CustomerCustomer to the Custodian of any Property belonging to a Portfolio, the Customer shall, by Instructions (as hereinafter defined in Section 14), specifically indicate which Portfolio such Property belongs or if such Property belongs to more than one Portfolio shall allocate such Property to the appropriate Portfolio. The Custodian shall allocate such Property to the Accounts in accordance with the Instructions; provided that the Custodian shall have the right, in its sole discretion, to refuse to accept any Property that is not in proper form for deposit for any reason. The Customer on behalf of each Portfolio, acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, warrants its authority to deposit in the appropriate Account any Property received therefor by the Custodian or a Subcustodian and to give, and authorize others to give, instructions relative thereto. The Custodian may deliver securities of the same class in place of those deposited in the Account. The Custodian shall hold, keep safe and protect as custodian for each Account, on behalf of the Customer, all Property in such Account and, to the extent such Property constitutes financial assets for purposes of the New York UCC, shall maintain those financial assets in such Account as security entitlements in favor of the CustomerAccount. All transactions, including, but not limited to, foreign exchange transactions, involving the Property shall be executed or settled solely in accordance with InstructionsInstructions (which shall specifically reference the Account for which such transaction is being settled), except that until the Custodian receives Instructions to the contrary, the Custodian will:
(a) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the appropriate Account;
(b) present for payment all Securities held in the an Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian or Subcustodian is actually aware of such opportunities and hold the cash received in the such Account pursuant to this Agreement;
(i) exchange Securities where the exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (ii) when notification of a tender or exchange offer (other than ministerial exchanges described in (i) above) is received for the an Account, endeavor to receive Instructions, provided that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto;
(d) whenever notification of a rights entitlement or a fractional interest resulting from a rights issue, stock dividend or stock split is received for the an Account and such rights entitlement or fractional interest bears an expiration date, if after endeavoring to obtain Instructions such Instructions are not received in time for the Custodian to take timely action or if actual notice of such actions was received too late to seek Instructions, sell in the discretion of the Custodian (which sale the Customer hereby authorizes the Custodian to make) such rights entitlement or fractional interest and credit the Account with the net proceeds of such sale;
(e) execute in the Customer's name for the an Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the such Account;
(f) pay for the each Account, any and all taxes and levies in the nature of taxes imposed on interest, dividends or other similar income on the Property in the such Account by any governmental authority. In the event there is insufficient Cash available in the such Account to pay such taxes and levies, the Custodian shall notify the Customer of the amount of the shortfall and the Customer, at its option, may deposit additional Cash in the such Account or take steps to have sufficient Cash available. The Customer agrees, when and if requested by the Custodian and required in connection with the payment of any such taxes to cooperate with the Custodian in furnishing information, executing documents or otherwise; and
(g) appoint brokers and agents for any of the ministerial transactions involving the Securities described in (a) - (f), including, without limitation, affiliates of the Custodian or any Subcustodian.
Appears in 1 contract
Samples: Custodian Agreement (Delaware Group Decatur Fund Inc)