Custody of Assets. Title to all investments shall be held in the name of the Funds, provided that for convenience in buying, selling and exchanging securities (stocks, bonds, commercial paper, etc.), title to such securities may be held in the name of the Trust’s custodian bank, or its nominee. All cash and the indicia of ownership of all other investments shall be held by the Trust’s custodian bank. Sub-Adviser shall not act as custodian of the assets held in the Funds and shall at no time have the right to physically possess the assets of the Funds or have the assets registered in its own name or the name of its nominee, nor shall Sub-Adviser in any manner acquire or become possessed of any income, whether in kind or cash, or proceeds, whether in kind or cash, distributable by reason of selling, holding or controlling such assets of the Funds. In accordance with the preceding sentence, Sub-Adviser shall have no responsibility with respect to the collection of income, physical acquisition or the safekeeping of the assets of the Funds. All such duties of collection, physical acquisition and safekeeping shall be the sole obligation of the custodian. The Sub-Adviser shall have no liability for the acts or omissions of the authorized custodian(s), unless such act or omission is required by and taken in reliance upon instructions given to the authorized custodian(s) by a representative of the Sub-Adviser pursuant to the authorized signatory lists provided to the Adviser by the Sub-Adviser or as a result the Sub-Adviser’s willful misfeasance, bad faith, gross negligence, fraud, reckless disregard, or willful misconduct in connection with any actions that the Sub-Adviser has taken or should have taken with respect to the authorized custodian. Sub-Adviser has not assisted in the selection of the Funds’ custodian. The Trust or the Adviser shall notify the Sub-Adviser of the identities of its custodian bank and the custody arrangements therewith with respect to the Funds and shall give the Sub-Adviser written notice of any changes in such custodian bank or custody arrangements. The Sub-Adviser shall on each business day provide the Adviser and the Trust’s custodian such information as the Adviser and the Trust’s custodian may reasonably request in good faith relating to all transactions concerning the Funds. The Trust shall instruct its custodian bank to (a) carry out all investment instructions as may be directed by the Sub-Adviser with respect to the Funds (which instructions may be orally given if confirmed in writing and in accordance with the respective custody agreement); and (b) provide the Sub-Adviser with all operational information reasonable necessary for the Sub-Adviser to trade the Sub-Adviser assets on behalf of the Fund.
Appears in 6 contracts
Samples: Investment Sub Advisory Agreement (JNL Series Trust), Investment Sub Advisory Agreement (JNL Series Trust), Investment Sub Advisory Agreement (Jackson Variable Series Trust)
Custody of Assets. Title to all investments shall be held in the name of the Funds, provided that for convenience in buying, selling and exchanging securities (stocks, bonds, commercial paper, etc.), title to such securities may be held in the name of the Trust’s custodian bank, or its nominee. All cash and the indicia of ownership of all other investments shall be held by the Trust’s custodian bank. Sub-Adviser shall not act as custodian of the assets held in the Funds and shall at no time have the right to physically possess the assets of the Funds or have the assets registered in its own name or the name of its nominee, nor shall Sub-Adviser in any manner acquire or become possessed of any income, whether in kind or cash, or proceeds, whether in kind or cash, distributable by reason of selling, holding or controlling such assets of the Funds. In accordance with the preceding sentence, Sub-Adviser shall have no responsibility with respect to the collection of income, physical acquisition or the safekeeping of the assets of the Funds. All such duties of collection, physical acquisition and safekeeping shall be the sole obligation of the custodian. The However, Sub-Adviser is authorized, as agent of the Funds, to give instructions to the Funds’ custodian with respect to the assets of the Funds in order to carry out its duties under the terms of this Agreement, including with respect to delivery of securities and other investments and payments of cash for the account of the Funds. Notwithstanding any provision to the contrary contained herein, the Sub-Adviser shall have no liability not be liable for the acts or omissions of the authorized custodian(s), unless such any act or omission is required by and taken in reliance upon instructions given to the authorized custodian(s) by a representative of any custodian of the Sub-Adviser pursuant to the authorized signatory lists provided to the Adviser Funds’ assets, except by the Sub-Adviser or as a result reason of the Sub-Adviser’s willful misfeasance, bad faith, gross negligence, fraud, reckless disregard, disregard or willful misconduct in connection with any actions that the Sub-Adviser has taken or should have taken with respect to the authorized custodian. Sub-Adviser has not assisted custodian in the selection of the Funds’ custodian. The Trust or the Adviser shall notify the Sub-Adviser of the identities of accordance with its custodian bank duties and the custody arrangements therewith with respect to the Funds and shall give the Sub-Adviser written notice of any changes in such custodian bank or custody arrangementsobligations under this Agreement. The Sub-Adviser shall on each business day provide have no responsibility for the Adviser and segregation requirement of the Trust’s custodian such information as the Adviser and the Trust’s custodian may reasonably request in good faith relating 1940 Act or other applicable law other than to all transactions concerning notify the Funds. The Trust shall instruct its ’ custodian bank to (a) carry out all investment instructions as may be directed by the Sub-Adviser with respect to the Funds (which instructions may be orally given if confirmed in writing of investments that require segregation and in accordance with the respective custody agreement); and (b) provide the Sub-Adviser with all operational information reasonable necessary appropriate assets for the Sub-Adviser to trade the Sub-Adviser assets on behalf of the Fundsegregation.
Appears in 3 contracts
Samples: Investment Sub Advisory Agreement (Jackson Variable Series Trust), Investment Sub Advisory Agreement (Jackson Variable Series Trust), Investment Sub Advisory Agreement (Curian Variable Series Trust)
Custody of Assets. Title (a) The Custodian on behalf of the Trustee shall maintain custody of the Asset Files for the benefit of the Certificateholders. In the event that the Trustee is no longer acting as Custodian of the Asset Files, upon execution and delivery of an agreement between the Trustee and the Person assuming the duties of the Trustee hereunder as Custodian with respect to the Asset Files, the replacement Custodian shall concurrently execute an acknowledgment of receipt of the Asset Files substantially in the form of Exhibit H hereto.
(b) The Custodian on behalf of the Trustee agrees to maintain the related Asset Files at its office where they are currently maintained, or at such other offices of the Custodian in the State of [_____________] as shall from time to time be identified to the Trustee by written notice. The Custodian may temporarily move individual Asset Files or any portion thereof without notice as necessary to conduct collection and other servicing activities in accordance with its customary practices and procedures.
(c) As Custodian, the Trustee shall have and perform the following powers and duties:
(i) hold the Asset Files on behalf of the Certificateholders, maintain accurate records pertaining to each Asset to enable it to comply with the terms and conditions of this Agreement, maintain a current inventory thereof and conduct annual physical inspections of Asset Files held by it under this Agreement;
(ii) implement policies and procedures, in writing and signed by an Officer of the Custodian on behalf of the Trustee, with respect to persons authorized to have access to the Asset Files on the Custodian's premises and the receipting for Asset Files taken from their storage area by an employee of the Custodian for purposes of servicing or any other purposes; and
(iii) attend to all investments details in connection with maintaining custody of the Asset Files on behalf of the Certificateholders.
(d) In performing its duties under this Section, the Custodian on behalf of the Trustee agrees to act with reasonable care, using that degree of skill and care that it exercises with respect to similar Assets or files for which it performs custodial duties. In acting as Custodian of the Asset Files, the Trustee agrees further not to assert any beneficial ownership interests in the Assets or the Asset Files.
(e) If any Mortgage or an Assignment of a Mortgage to the Trustee or any prior Assignment is in the process of being recorded on the Closing Date, the Seller shall cause each such original recorded document or certified copy thereof, to be delivered to the Trustee or its Custodian promptly following its recordation. The Seller shall also cause to be delivered to the Trustee any other original Mortgage Loan Document to be included in the Trustee Mortgage Loan File if a copy thereof initially was delivered.
(f) For administrative convenience and facilitation of servicing and to reduce closing costs, the Assignments of Mortgage for each Land-and-Home Contract shall not be required to be submitted for recording; provided, however, that each Assignment of Mortgage for each Land-and-Home Contract shall be held submitted for recording by the Seller, at its expense and at the direction of the Servicer, in the name of the FundsTrustee, provided at no expense to the Issuer or the Trustee, upon the occurrence of a bankruptcy or insolvency proceeding instituted by the Servicer, or the continuance of such a proceeding against the Servicer instituted by another party, unstayed, for 60 days. Upon receipt of written notice that for convenience in buying, selling and exchanging securities (stocks, bonds, commercial paper, etc.), title to such securities may be held in the name recording of the Trust’s custodian bank, or its nominee. All cash and Assignments of Mortgage is required pursuant to the indicia of ownership of all other investments shall be held by the Trust’s custodian bank. Sub-Adviser shall not act as custodian of the assets held condition set forth in the Funds and shall at no time have the right to physically possess the assets of the Funds or have the assets registered in its own name or the name of its nominee, nor shall Sub-Adviser in any manner acquire or become possessed of any income, whether in kind or cash, or proceeds, whether in kind or cash, distributable by reason of selling, holding or controlling such assets of the Funds. In accordance with the preceding sentence, Subthe Seller shall be required to deliver such Assignments of Mortgage within 60 days following receipt of such notice. The Seller promptly shall (within 60 Business Days following the date it becomes required to submit Assignments of Mortgage for each Land-Adviser shall have and-Home Contract for recording pursuant to this Section 4.01(f)) submit or cause to be submitted for recording, at no responsibility with respect expense to the collection of income, physical acquisition Purchaser (or the safekeeping Trust Estate or the Trustee), in the appropriate public office for real property records, each Assignment of Mortgage for each Land-and-Home Contract and shall execute each original Assignment of Mortgage in the following form: "[_________________], as Trustee under the applicable agreement." In the event that any such Assignment of Mortgage is lost or returned unrecorded because of a defect therein, the Seller promptly shall prepare a substitute Assignment of Mortgage or cure such defect, as the case may be, and thereafter cause each such Assignment of Mortgage to be duly recorded.
(g) In lieu of recording an Assignment of any Mortgage for any Mortgage Loan, the Seller may deliver or cause to be delivered to the Trustee the Assignment of the assets Mortgage from the Seller to the Trustee in a form suitable for recordation, together with an Opinion of Counsel to the effect that recording is not required to protect the Trustee's right, title and interest in and to the related Mortgage Loan or, in case a court should recharacterize the sale of the Funds. All such duties of collectionMortgage Loans as a financing, physical acquisition and safekeeping shall be the sole obligation to perfect a first priority security interest in favor of the custodianTrustee in the related Mortgage Loan. In the event that the Servicer receives notice that recording is required to protect the right, title and interest of the Trustee in and to any such Mortgage Loan for which recordation of an Assignment has not previously been required, the Servicer shall promptly notify the Trustee and the Trustee shall within five Business Days of its receipt of such notice deliver, or cause to be delivered, each previously unrecorded Assignment to the Servicer for recordation.
(h) [The Sub-Adviser Servicer shall have no liability maintain custody of the Servicer Mortgage Loan Files for the acts or omissions benefit of the authorized custodian(s), unless such act or omission is required by and taken in reliance upon instructions given to the authorized custodian(s) by a representative of the Sub-Adviser pursuant to the authorized signatory lists provided to the Adviser by the Sub-Adviser or as a result the Sub-Adviser’s willful misfeasance, bad faith, gross negligence, fraud, reckless disregard, or willful misconduct in connection with any actions that the Sub-Adviser has taken or should have taken with respect to the authorized custodian. Sub-Adviser has not assisted in the selection of the Funds’ custodian. The Trust or the Adviser shall notify the Sub-Adviser of the identities of its custodian bank and the custody arrangements therewith with respect to the Funds and shall give the Sub-Adviser written notice of any changes in such custodian bank or custody arrangements. The Sub-Adviser shall on each business day provide the Adviser and the Trust’s custodian such information as the Adviser and the Trust’s custodian may reasonably request in good faith relating to all transactions concerning the Funds. The Trust shall instruct its custodian bank to (a) carry out all investment instructions as may be directed by the Sub-Adviser with respect to the Funds (which instructions may be orally given if confirmed in writing and in accordance with the respective custody agreement); and (b) provide the Sub-Adviser with all operational information reasonable necessary for the Sub-Adviser to trade the Sub-Adviser assets Trustee on behalf of the FundCertificateholders.] [The Servicer shall maintain custody of the Contract Files for the benefit of the Certificateholders. The Servicer, by its execution of the Pooling and Servicing Agreement, agrees to, and shall, retain possession of the Contract File pertaining to each of the Contracts on behalf of the Certificateholders and the Trustee. Without limiting the foregoing, the Trustee acknowledges that, with respect to each Contract secured by a Manufactured Home located in Virginia as to which the Trustee is identified as first lienor on the related certificate of title, for purposes of Section 46.2-641 of the Virginia Code (as currently in effect), the Servicer is holding such Contract and the related certificate of title as the bailee and agent for the Trustee as such first lienor.]
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Origen Residential Securities, Inc.)
Custody of Assets. Title to all investments shall be held in the name of the Funds, provided that for convenience in buying, selling and exchanging securities (stocks, bonds, commercial paper, etc.), title to such securities may be held in the name of the Trust’s custodian bank, or its nominee. 4.1 All cash and the indicia of ownership of all other investments shall Subadvised Assets will be held by the Trust’s Company's designated custodian bank. Sub-Adviser shall not act as custodian ("Custodian") in one or more of the assets held in Portfolio's custody accounts under custody arrangements with the Funds Custodian and approved by the Company ("Custody Agreements," which shall include any amendments or additional agreements entered into after the date hereof provided such agreements are delivered to Subadviser). The Subadviser shall at no time have the right to physically possess the assets custody or physical control of any of the Funds or have the assets registered in its own name or the name of its nominee, nor shall Sub-Adviser in any manner acquire or become possessed of any income, whether in kind or cash, or proceeds, whether in kind or cash, distributable by reason of selling, holding or controlling such assets Subadvised Assets. Subadviser acknowledges receipt of the FundsCustody Agreements and agrees to comply at all times with all requirements relating to such arrangements to the extent applicable to the performance of the Subadviser's obligations under this Agreement. In The Adviser acknowledges that all fees and expenses of the Custodian are paid by the Company.
4.2 The Adviser shall use its best efforts to cause the Company on behalf of the Portfolio, subject to any approval required of the Board, and the Custodian to accept instructions from the Subadviser to execute transactions for the Subadvised Assets and to provide the Subadviser daily and monthly reports concerning the status of the Subadvised Assets and such other information relating to the Subadvised Assets as the Subadviser may from time to time request. As of the date of this Agreement, the Adviser represents to the Subadviser that all requisite authority has been obtained to permit the Subadviser to manage the Subadvised Assets in accordance with the preceding sentenceterms of this Agreement pursuant to instructions given to the Custodian by the Subadviser and the Adviser agrees to notify the Subadviser in writing if such authority is terminated during the term of this Agreement.
4.3 Instructions of the Subadviser to the Custodian shall be made as required by the Custody Agreements. The Subadviser shall instruct all brokers or dealers executing orders on behalf of the Subadvised Assets to forward to the Custodian and the Adviser copies of all brokerage confirmations promptly after execution of transactions. Upon giving proper instructions to the Custodian, Sub-Adviser the Subadviser shall have no responsibility or liability with respect to the collection of income, physical acquisition custodial arrangements or the safekeeping acts, omissions or other conduct of the assets of the Funds. All such duties of collection, physical acquisition and safekeeping shall be the sole obligation of the custodian. The Sub-Adviser shall have no liability for the acts or omissions of the authorized custodian(s), unless such act or omission is required by and taken in reliance upon instructions given to the authorized custodian(s) by a representative of the Sub-Adviser pursuant to the authorized signatory lists provided to the Adviser by the Sub-Adviser or as a result the Sub-Adviser’s willful misfeasance, bad faith, gross negligence, fraud, reckless disregard, or willful misconduct in connection with any actions that the Sub-Adviser has taken or should have taken with respect to the authorized custodian. Sub-Adviser has not assisted in the selection of the Funds’ custodian. The Trust or the Adviser shall notify the Sub-Adviser of the identities of its custodian bank and the custody arrangements therewith with respect to the Funds and shall give the Sub-Adviser written notice of any changes in such custodian bank or custody arrangements. The Sub-Adviser shall on each business day provide the Adviser and the Trust’s custodian such information as the Adviser and the Trust’s custodian may reasonably request in good faith relating to all transactions concerning the Funds. The Trust shall instruct its custodian bank to (a) carry out all investment instructions as may be directed by the Sub-Adviser with respect to the Funds (which instructions may be orally given if confirmed in writing and in accordance with the respective custody agreement); and (b) provide the Sub-Adviser with all operational information reasonable necessary for the Sub-Adviser to trade the Sub-Adviser assets on behalf of the FundCustodian.
Appears in 1 contract
Samples: Subadvisory Agreement (Gmam Absolute Return Strategies Fund LLC)
Custody of Assets. Title to all investments shall be held in the name of the Funds, provided that for convenience in buying, selling and exchanging securities (stocks, bonds, commercial paper, etc.), title to such securities may be held in the name of the Trust’s custodian bank, or its nominee. All cash and the indicia of ownership of all other investments shall be held by the Trust’s custodian bank. Sub-Adviser shall not act as custodian of the assets held in the Funds and shall at no time have the right to physically possess the assets of the Funds or have the assets registered in its own name or the name of its nominee, nor shall Sub-Adviser in any manner acquire or become possessed of any income, whether in kind or cash, or proceeds, whether in kind or cash, distributable by reason of selling, holding or controlling such assets of the Funds. In accordance with the preceding sentence, Sub-Adviser shall have no responsibility with respect to the collection of income, physical acquisition or the safekeeping of the assets of the Funds. All such duties of collection, physical acquisition and safekeeping shall be the sole obligation of the custodian. The Sub-Adviser shall have no liability not be liable for the acts or omissions of the authorized custodian(s), unless such any act or omission is required of such custodian, except by and taken in reliance upon instructions given to the authorized custodian(s) by a representative reason of the Sub-Adviser pursuant to the authorized signatory lists provided to the Adviser by the Sub-Adviser or as a result the Sub-Adviser’s willful misfeasance, bad faith, gross negligence, fraud, reckless disregard, disregard or willful misconduct in connection with any actions that the Sub-Adviser has taken or should have taken with respect to the authorized custodian. Sub-Adviser has not assisted in the selection of the Funds’ custodian. The Trust or Adviser undertakes that where it has instructed the custodian to arrange for investment of cash held in the Fund (including without limitation where a sweep into the custodian's short-term investment funds is put in place), the Adviser shall notify the Sub-Adviser of the identities of its custodian bank such cash management arrangements, and the custody arrangements therewith with respect to the Funds and shall give the Sub-Adviser written notice shall have no responsibility or liability, whether under this Agreement or otherwise (including under the FSA Rules), in respect of any changes in cash invested under such custodian bank or custody cash management arrangements. The In particular the Sub-Adviser shall on each business day provide the Adviser and the Trust’s custodian not be required to operate or monitor such information as the Adviser and the Trust’s custodian may reasonably request cash management arrangements or to ensure that such cash management arrangements are suitable, in good faith relating to all transactions concerning the Funds. The Trust shall instruct its custodian bank to (a) carry out all investment instructions as may be directed by the Sub-Adviser with respect to the Funds (which instructions may be orally given if confirmed in writing and in accordance with the respective custody agreement); and (b) provide the Sub-Adviser with all operational information reasonable necessary for the Sub-Adviser to trade the Sub-Adviser assets on behalf of the Fund’s best interests, and are operated in a way that gives the Fund the best possible result.
Appears in 1 contract
Samples: Investment Sub Advisory Agreement (Curian Variable Series Trust)
Custody of Assets. Title 1. The CUSTODIAN shall hold all of the Assets, and title to all investments such Assets shall be held in the name of the FundsFUND. The holding of Assets by the CUSTODIAN are authorized only:
(a) To the extent that the Assets are not subject to any right, provided charge, security interest, lien or claim of any kind in favor of the CUSTODIAN or its creditors except for their safe custody or administration; and
(b) To the extent that the beneficial ownership of Assets is freely transferable without the payment of money or value other than for convenience safe custody or administration.
2. The CUSTODIAN shall hold all Assets during the period of this Agreement in buying, selling accordance with the requirements of the 1940 Act and exchanging securities (stocks, bonds, commercial paper, etcthe rules and regulations thereunder. The CUSTODIAN will not be responsible for such Assets until they are actually received by it or title thereto transferred into the name of the FUND.), title
3. The CUSTODIAN shall credit to such securities may be held a separate account in the name of the Trust’s custodian bankFUND or shall deposit in such account with a subcustodian as provided for in this Article VII all monies received by it for the account of the FUND, and shall disburse or its nomineeauthorize disbursement of the same only:
(a) In payment for Assets purchased, as provided in Article VIII hereof;
(b) In payment of dividends, distributions and taxes as provided in Article IX hereof; or
(c) Pursuant to Instructions setting forth the name and address of the person to whom payment is to be made, the amount to be paid, the manner and currency of payment, the corporate purpose, including payment of expenses, for which payment is to be made, and declaring such purpose to be a proper corporate purpose.
4. All cash and the indicia of ownership of all other investments Assets which are issued or issuable in bearer form shall be held by the Trust’s custodian bankCUSTODIAN in bearer form. Sub-Adviser shall not act as custodian of the assets held in the Funds and shall at no time have the right to physically possess the assets of the Funds or have the assets registered in its own name or the name of its nominee, nor shall Sub-Adviser in any manner acquire or become possessed of any income, whether in kind or cash, or proceeds, whether in kind or cash, distributable by reason of selling, holding or controlling such assets of the Funds. In accordance with the preceding sentence, Sub-Adviser The CUSTODIAN shall have no responsibility power to release or deliver any securities held by it except as specifically provided in this Agreement. The CUSTODIAN agrees to transfer, exchange, or deliver Assets held by it only:
(a) In connection with sales of Securities as provided in Article VIII hereof;
(b) In connection with exchanges, transfers or deliveries as provided in paragraph 9 of this Article VII;
(c) For the purpose of presenting Securities for payment or exchanging temporary Securities for definitive Securities as provided in subparagraphs 7(b) and 7(c) of this Article VII; or
(d) Pursuant to Instructions specifying the Assets to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purposes to be proper corporate purposes, and naming the person or persons to whom delivery of such Assets shall be made.
5. The CUSTODIAN shall, on each day on which the Mexican Stock Exchange is open for business, advise the Investment Adviser of the transactions processed by the CUSTODIAN for the previous day including the beginning and ending cash balances. The CUSTODIAN shall furnish the FUND each month with a cash statement summarizing all transactions during such month and a listing of the names, amounts, coupons and nominal values of the Assets. The CUSTODIAN also shall furnish the FUND, upon request, such information, books and records as may be required by the FUND to comply with the 1940 Act, particularly Section 31 thereof and Rules 31a-1 and 3la-2 thereunder, and Federal, state and foreign tax laws and other legal or administrative rules or procedures, in each case as currently in effect and applicable to the FUND. All records so maintained in connection with the performance of its duties under this Agreement shall, in the event of termination of this Agreement, be preserved and maintained by the CUSTODIAN as required by regulation, and shall be made available to the FUND or its agent upon request. The CUSTODIAN hereby agrees, subject to restrictions under applicable laws, that the books and records of the CUSTODIAN pertaining to its actions under this Agreement shall be open to the physical, on-premises inspection and audit at reasonable times by the independent accountants (“Accountants”) employed by, or other representatives of, the FUND. The CUSTODIAN hereby agrees that, subject to restrictions under applicable laws, access shall be afforded to the Accountants to such of the books and records of any subcustodian with respect to the collection of income, physical acquisition or the safekeeping of the assets of the Funds. All such duties of collection, physical acquisition and safekeeping Assets as shall be the sole obligation of the custodian. The Sub-Adviser shall have no liability for the acts or omissions of the authorized custodian(s), unless such act or omission is required by and taken in reliance upon instructions given to the authorized custodian(s) by a representative of the Sub-Adviser pursuant to the authorized signatory lists provided to the Adviser by the Sub-Adviser or as a result the Sub-Adviser’s willful misfeasance, bad faith, gross negligence, fraud, reckless disregard, or willful misconduct Accountants in connection with any actions their examination of the books and records pertaining to the affairs of the FUND. The CUSTODIAN also agrees that as the Sub-Adviser has taken or should have taken FUND may reasonably request from time to time, the CUSTODIAN shall provide the Accountants with information with respect to the authorized custodian. Sub-Adviser has not assisted in CUSTODIAN’S system of internal accounting controls as they relate to the selection of the Funds’ custodian. The Trust or the Adviser shall notify the Sub-Adviser of the identities of its custodian bank services provided under this Agreement, and the custody arrangements therewith CUSTODIAN shall use its best efforts to obtain and furnish similar information with respect to each subcustodian.
6. The CUSTODIAN shall hold all of the Funds and shall give the Sub-Adviser written notice Assets hereunder in a separate account physically segregated at all times from those of any changes in such custodian bank other person or custody arrangementspersons. The Sub-Adviser shall on each business day provide the Adviser and the Trust’s custodian such information as the Adviser and the Trust’s custodian may reasonably request in good faith relating All Assets are to all transactions concerning the Funds. The Trust shall instruct its custodian bank to (a) carry out all investment instructions as may be directed held or disposed of by the Sub-Adviser with respect CUSTODIAN subject at all times to the Funds (which instructions may be orally Instructions given if confirmed in writing and in accordance with the respective custody agreement); and terms of this Agreement. The FUND will furnish to the CUSTODIAN any necessary instruments to enable the CUSTODIAN to hold or deliver in proper form for transfer any Assets.
7. Unless the CUSTODIAN receives Instructions to the contrary, the CUSTODIAN shall:
(a) Collect all income due or payable on Assets held hereunder;
(b) provide Present for payment and collect the Sub-Adviser amount payable upon all Assets which may mature or be called, redeemed, or retired, or otherwise become payable;
(c) Surrender Securities in temporary form for definitive Securities;
(d) Execute as custodian with respect to Assets held hereunder any necessary declarations or certificates of ownership under the income tax laws or regulations of Mexico, the United States of America, or any other taxing authority now or hereafter in effect and applicable to the FUND; and
(e) Hold all operational information reasonable necessary stock dividends, rights and similar Securities issued with respect to any Assets held by it hereunder.
8. The CUSTODIAN is hereby authorized to endorse and collect all checks, drafts or other orders for the Sub-Adviser payment of monies received by it hereunder.
9. Upon receipt of Instructions, the CUSTODIAN shall:
(a) Deliver any Assets held hereunder in exchange for other Assets in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or upon the exercise of any rights or conversion privileges;
(b) Deliver any Assets held hereunder to trade any protective committee, reorganization committee or other person in connection with the Sub-Adviser reorganization, refinancing, merger, consolidation, recapitalization or sale of assets on behalf of any corporation, and receive and hold under the terms of this Agreement such receipts or other instruments or documents as may be issued to it to evidence such delivery; and
(c) Make such transfers or exchanges of the FundAssets held hereunder, and take such other steps, as shall be stated in said Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization.
Appears in 1 contract
Samples: Custody Agreement (Mexico Fund Inc)
Custody of Assets. The Sub-Adviser shall have no responsibility with respect to maintaining custody of the Funds’ assets. The Sub-Adviser shall from time to time provide Custodian and the Adviser with evidence of authority of its personnel who are authorized to give instructions to Custodian. Title to all investments shall be held in the name of the Funds, provided that investments shall be held in the name of the Funds, provided that for convenience in buying, selling and exchanging securities (stocks, bonds, commercial paper, etcect.), title to such securities may be held in the name of the Trust’s custodian bank, or its nominee. All cash and the indicia of ownership of all other investments shall be held by the Trust’s custodian bank. The Sub-Adviser shall not act as a custodian of for the assets held in the Funds and shall at no time have the right to physically possess the assets of the Funds or have the assets registered in its own name or the name of its nominee, nor shall the Sub-Adviser shall not in any manner acquire or become possessed of any income, whether in kind or cash, or cash proceeds, whether in kind or cash, distributable by reason of selling, holding or controlling such assets of the Funds. In accordance with the preceding sentence, the Sub-Adviser shall have no responsibility responsibilities with respect to the collection of income, physical acquisition or the safekeeping of the assets of the Funds. All Fund’s assets; such duties of collection, physical acquisition and safekeeping shall be the sole obligation of the custodianCustodian. The Sub-In the event the Adviser shall have no liability for the acts or omissions of the authorized custodian(s)Custodian engages in securities lending activities, unless such act or omission is required by and taken in reliance upon instructions given to the authorized custodian(s) by a representative of the Sub-Adviser pursuant will not be a party to the authorized signatory lists provided to the Adviser by the Sub-Adviser or as a result the Sub-Adviser’s willful misfeasance, bad faith, gross negligence, fraud, reckless disregard, or willful misconduct in connection with any actions aware of such lending activities. It is understood that the Sub-Adviser has taken shall not be responsible for settlement delay or should have taken with respect failure or any related costs or loss due to the authorized custodian. Sub-Adviser has not assisted in the selection of the Funds’ custodiansuch activities. The Trust or Fund and/or the Adviser shall notify the Sub-Adviser of the identities of its custodian bank Adviser, as applicable, will execute custodial and the custody arrangements therewith with respect to the Funds and shall give the Sub-Adviser written notice of any changes in such custodian bank or custody arrangements. The Sub-Adviser shall on each business day provide the Adviser and the Trust’s custodian such information as the Adviser and the Trust’s custodian may reasonably request in good faith relating to all transactions concerning the Funds. The Trust shall instruct its custodian bank to (a) carry out all investment instructions other agreements as may be directed by the Subnecessary to open an account with futures clearing brokers and, if necessary, International Swaps and Derivatives Association, Inc. (“ISDA”) agreements with an over-Adviser with respect to the Funds (which instructions may be orally given if confirmed in writing and in accordance with the respective custody agreement); and (b) provide the Subthe-Adviser with all operational information reasonable necessary for the Sub-Adviser to trade the Sub-Adviser assets on behalf of the Fundcounter foreign currency forward prime broker.
Appears in 1 contract
Samples: Investment Sub Advisory Agreement (Brinker Capital Destinations Trust)
Custody of Assets. Title to all investments shall be held in the name of the Funds, provided that for convenience in buying, selling and exchanging securities (stocks, bonds, commercial paper, etc.), title to such securities may be held in the name of the Trust’s 's custodian bank, or its nominee. All cash and the indicia of ownership of all other investments shall be held by the Trust’s 's custodian bank. Sub-Adviser shall not act as custodian of the assets held in the Funds and shall at no time have the right to physically possess the assets of the Funds or have the assets registered in its own name or the name of its nominee, nor shall Sub-Adviser in any manner acquire or become possessed of any income, whether in kind or cash, or proceeds, whether in kind or cash, distributable by reason of selling, holding or controlling such assets of the Funds. In accordance with the preceding sentence, Sub-Adviser shall have no responsibility with respect to the collection of income, physical acquisition or the safekeeping of the assets of the Funds. All such duties of collection, physical acquisition and safekeeping shall be the sole obligation of the custodian. The Sub-Adviser shall have no liability not be liable for the acts or omissions of the authorized custodian(s), unless such any act or omission is required of such custodian, except by and taken in reliance upon instructions given to the authorized custodian(s) by a representative reason of the Sub-Adviser pursuant to the authorized signatory lists provided to the Adviser by the Sub-Adviser or as a result the Sub-Adviser’s 's willful misfeasance, bad faith, gross negligence, fraud, reckless disregard, disregard or willful misconduct in connection with any actions that the Sub-Adviser has taken or should have taken with respect to the authorized custodian. Sub-Adviser has not assisted in the selection of the Funds’ custodian. The Trust or Adviser undertakes that where it has instructed the custodian to arrange for investment of cash held in the Fund (including without limitation where a sweep into the custodian's short-term investment funds is put in place), the Adviser shall notify the Sub-Adviser of the identities of its custodian bank such cash management arrangements, and the custody arrangements therewith with respect to the Funds and shall give the Sub-Adviser written notice shall have no responsibility or liability, whether under this Agreement or otherwise (including under the FSA Rules), in respect of any changes in cash invested under such custodian bank or custody cash management arrangements. The In particular the Sub-Adviser shall on each business day provide the Adviser and the Trust’s custodian not be required to operate or monitor such information as the Adviser and the Trust’s custodian may reasonably request cash management arrangements or to ensure that such cash management arrangements are suitable, in good faith relating to all transactions concerning the Funds. The Trust shall instruct its custodian bank to (a) carry out all investment instructions as may be directed by the Sub-Adviser with respect to the Funds (which instructions may be orally given if confirmed in writing and in accordance with the respective custody agreement); and (b) provide the Sub-Adviser with all operational information reasonable necessary for the Sub-Adviser to trade the Sub-Adviser assets on behalf of the Fund's best interests, and are operated in a way that gives the Fund the best possible result.
Appears in 1 contract
Samples: Investment Sub Advisory Agreement (Curian Variable Series Trust)
Custody of Assets. Title to all investments shall be held in the name of the Funds, provided that for convenience in buying, selling and exchanging securities (stocks, bonds, commercial paper, etc.), title to such securities may be held in the name of the Trust’s custodian bank, or its nominee. All cash and the indicia of ownership of all other investments shall be held by the Trust’s custodian bank. Sub-Adviser shall not act as custodian of the assets held in the Funds and shall at no time have the right to physically possess the assets of the Funds or have the assets registered in its own name or the name of its nominee, nor shall Sub-Adviser in any manner acquire or become possessed of any income, whether in kind or cash, or proceeds, whether in kind or cash, distributable by reason of selling, holding or controlling such assets of the Funds. In accordance with the preceding sentence, Sub-Adviser shall have no responsibility with respect to the collection of income, physical acquisition or the safekeeping of the assets of the Funds. All such duties of collection, physical acquisition and safekeeping shall be the sole obligation of the custodian. The Sub-Adviser shall have no liability for the acts or omissions of the authorized custodian(s), unless such act or omission is required by and taken in reliance upon instructions given to the authorized custodian(s) by a representative of the Sub-Adviser pursuant to the authorized signatory lists provided to the Adviser by the Sub-Adviser or as a result the Sub-Adviser’s willful misfeasance, bad faith, gross negligence, fraud, reckless disregard, or willful misconduct in connection with any actions that the Sub-Adviser has taken or should have taken with respect to the authorized custodian. Sub-Adviser has not assisted in the selection of the Funds’ custodian. The Trust or the Adviser shall notify the Sub-Adviser of the identities of its custodian bank and the custody arrangements therewith with respect to the Funds and shall give the Sub-Adviser written notice of any changes in such custodian bank or custody arrangements. The Sub-Adviser shall on each business day provide the Adviser and the Trust’s custodian such information as the Adviser and the Trust’s custodian may reasonably request in good faith relating to all transactions concerning the Funds. The Trust shall instruct its custodian bank to (a) carry out all investment instructions as may be directed by the Sub-Adviser with respect to the Funds (which instructions may be orally given if confirmed in writing and in accordance with the respective custody agreement); and (b) provide the Sub-Adviser with all operational information reasonable reasonably necessary for the Sub-Adviser to trade the Sub-Adviser assets on behalf of the Fund.
Appears in 1 contract
Custody of Assets. Title to all investments shall be held in the name of the Funds, provided that for convenience in buying, selling and exchanging securities (stocks, bonds, commercial paper, etc.), title to such securities may be held in the name of the Trust’s 's custodian bank, or its nominee. All cash and the indicia of ownership of all other investments shall be held by the Trust’s 's custodian bank. Sub-Adviser shall not act as custodian of the assets held in the Funds and shall at no time have the right to physically possess the assets of the Funds or have the assets registered in its own name or the name of its nominee, nor shall Sub-Adviser in any manner acquire or become possessed of any income, whether in kind or cash, or proceeds, whether in kind or cash, distributable by reason of selling, holding or controlling such assets of the Funds. In accordance with the preceding sentence, Sub-Adviser shall have no responsibility with respect to the collection of income, physical acquisition or the safekeeping of the assets of the Funds. All such duties of collection, physical acquisition and safekeeping shall be the sole obligation of the custodian. The However, Sub-Adviser is authorized, as agent of the Funds, to give instructions to the Funds' custodian with respect to the assets of the Funds in order to carry out its duties under the terms of this Agreement, including with respect to delivery of securities and other investments and payments of cash for the account of the Funds. Notwithstanding any provision to the contrary contained herein, the Sub-Adviser shall have no liability not be liable for the acts or omissions of the authorized custodian(s), unless such any act or omission is required of any custodian of the Funds' assets, except by and taken in reliance upon instructions given to the authorized custodian(s) by a representative reason of the Sub-Adviser pursuant to the authorized signatory lists provided to the Adviser by the Sub-Adviser or as a result the Sub-Adviser’s 's willful misfeasance, bad faith, gross negligence, fraud, reckless disregard, disregard or willful misconduct in connection with any actions that the Sub-Adviser has taken or should have taken with respect to the authorized custodian. Sub-Adviser has not assisted custodian in the selection of the Funds’ custodian. The Trust or the Adviser shall notify the Sub-Adviser of the identities of accordance with its custodian bank duties and the custody arrangements therewith with respect to the Funds and shall give the Sub-Adviser written notice of any changes in such custodian bank or custody arrangementsobligations under this Agreement. The Sub-Adviser shall on each business day provide have no responsibility for the Adviser and segregation requirement of the Trust’s custodian such information as the Adviser and the Trust’s custodian may reasonably request in good faith relating 1940 Act or other applicable law other than to all transactions concerning notify the Funds. The Trust shall instruct its ' custodian bank to (a) carry out all investment instructions as may be directed by the Sub-Adviser with respect to the Funds (which instructions may be orally given if confirmed in writing of investments that require segregation and in accordance with the respective custody agreement); and (b) provide the Sub-Adviser with all operational information reasonable necessary appropriate assets for the Sub-Adviser to trade the Sub-Adviser assets on behalf of the Fundsegregation.
Appears in 1 contract
Samples: Investment Sub Advisory Agreement (Curian Variable Series Trust)