Common use of Delayed Succession Clause in Contracts

Delayed Succession. If no Instruction has been given as of the effective date of termination, Custodian may at any time on or after such termination date and upon ten days written notice to the Fund either (a) deliver the Investments of the Fund held hereunder to the Fund at the address designated for receipt of notices hereunder; or (b) deliver any investments held hereunder to a bank or trust company having a capitalization of $2 million United States Dollars or equivalent and operating under the Applicable law of the jurisdiction where such Investments are located and qualified to act as a Custodian or Subcustodian of the Funds' Investments under the 1940 Act, such delivery to be at the risk of the Fund. In the event that Investments or moneys of the Fund remain in the custody of the Custodian or its Subcustodians after the date of termination owing to the failure of the Fund to issue Instructions with respect to their disposition or owing to the fact that such disposition could not be accomplished in accordance with such Instructions despite diligent efforts of the Custodian, the Custodian shall be entitled to compensation for its services with respect to such Investments and moneys during such period as the Custodian or its Subcustodians retain possession of such items and the provisions of this Agreement shall remain in full force and effect until disposition in accordance with this Section is accomplished.

Appears in 12 contracts

Samples: Custodian Agreement (Nicholas Applegate Mutual Funds), Custodian Agreement (Lexington Global Technology Fund Inc), Custodian Agreement (Lexington Small Cap Asia Growth Fund Inc)

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Delayed Succession. If no Instruction has been given as of the effective date of termination, the Custodian may at any time on or after such termination date and upon ten days written notice to the Fund either (a) deliver the Investments of the Fund held hereunder to the Fund at the address designated for receipt of notices hereunder; or (b) deliver any investments held hereunder to a bank or trust company having a capitalization of $2 million United States Dollars or equivalent and operating under the Applicable law of the jurisdiction where such Investments are located and qualified to act as a Custodian or Subcustodian of the Funds' Investments under the 1940 Act, such delivery to be at the risk of the Fund. In the event that Investments or moneys of the Fund remain in the custody of the Custodian or its Subcustodians after the date of termination owing to the failure of the Fund to issue Instructions with respect to their disposition or owing to the fact that such disposition could not be accomplished in accordance with such Instructions despite diligent efforts of the Custodian, the Custodian shall be entitled to compensation for its services with respect to such Investments and moneys during such period as the Custodian or its Subcustodians retain possession of such items and the provisions of this Agreement shall remain in full force and effect until disposition in accordance with this Section is accomplished.

Appears in 8 contracts

Samples: Custody Agreement (Pilgrim Mutual Funds), Custody Agreement (Pilgrim Advisory Funds Inc), Form of Custodian Agreement (Ing Funds Trust)

Delayed Succession. If no Instruction has been given as of the effective date of termination, Custodian may at any time on or after such termination date and upon ten (10) consecutive calendar days written notice to the Fund either (a) deliver the Investments of the Fund held hereunder to the Fund at the address designated for receipt of notices hereunder; or (b) deliver any investments held hereunder to a bank or trust company having a capitalization of not less than $2 million United States Dollars or 25,000,000 USD equivalent and operating under the Applicable law of the jurisdiction where such Investments are located and qualified to act as a Custodian or Subcustodian of the Funds' Investments under the 1940 Actlocated, such delivery to be at the risk of the Fund. In the event that Investments or moneys of the Fund remain in the custody of the Custodian or its Subcustodians after the date of termination owing to the failure of the Fund to issue Instructions with respect to their disposition or owing to the fact that such disposition could not be accomplished in accordance with such Instructions despite diligent efforts of the Custodian, the Custodian shall be entitled to compensation for its services as provided in Section 14 hereof with respect to such Investments and moneys during such period as the Custodian or its Subcustodians retain possession of such items and the provisions of this Agreement shall remain in full force and effect until disposition in accordance with this Section 15 is accomplished.

Appears in 2 contracts

Samples: Custodian Agreement (Janus Adviser), Custodian Agreement (Janus Adviser)

Delayed Succession. If no Instruction has been given as of the effective date of termination, Custodian may at any time on or after such termination date and upon ten (10) consecutive calendar days written notice to the Fund either (a) deliver the Investments of the Fund held hereunder to the Fund at the address designated for receipt of notices hereunder; or (b) deliver any investments held hereunder to a bank or trust company having a capitalization of $2 million United States Dollars or 2,000,000 USD equivalent and operating under the Applicable law of the jurisdiction where such Investments are located and qualified to act as a Custodian or Subcustodian of the Funds' Investments under the 1940 Actlocated, such delivery to be at the risk of the Fund. In the event that Investments or moneys of the Fund remain in the custody of the Custodian or its Subcustodians after the date of termination owing to the failure of the Fund to issue Instructions with respect to their disposition or owing to the fact that such disposition could not be accomplished in accordance with such Instructions despite diligent efforts of the Custodian, the Custodian shall be entitled to compensation for its services with respect to such Investments and moneys during such period as the Custodian or its Subcustodians retain possession of such items and the provisions of this Agreement shall remain in full force and effect until disposition in accordance with this Section is accomplished, provided that if this Agreement is terminated pursuant to the third sentence of Section 15.1, any amount owed pursuant to that provision through the completion of the Initial Term shall be credited, to the extent of such amount, to offset any amount owed by the Fund pursuant to this sentence.

Appears in 2 contracts

Samples: Custodian Agreement (Shelton Greater China Fund), Custodian Agreement (Taiwan Greater China Fund)

Delayed Succession. If no Instruction has been given as of the effective date of termination, Custodian may at any time on or after such termination date and upon ten (10) consecutive calendar days written notice to the Fund Trust or Company either (a) deliver the Funds’ or Company’s Investments of the Fund held hereunder to the Fund Funds or Company at the address designated for receipt of notices hereunder; or (b) deliver any investments Investments held hereunder to a bank or trust company having a capitalization of $2 million United States Dollars or 200,000,000 USD equivalent and operating under the Applicable applicable law of the jurisdiction where such Investments are located and qualified to act as a Custodian or Subcustodian of the Funds' Investments under the 1940 Actlocated, such delivery to be at the risk of the FundFunds or Company. In the event that Investments or moneys of the a Fund or Company remain in the custody of the Custodian or its Subcustodians after the date of termination owing to the failure of the Fund or Company to issue Instructions with respect to their disposition disposition, or owing to the fact that such disposition could not be accomplished in accordance with such Instructions despite diligent efforts of the Custodian, the Custodian shall be entitled to compensation for its services with respect to such Investments and moneys during such period as the Custodian or its Subcustodians retain possession of such items and the provisions of this Agreement shall remain in full force and effect until disposition in accordance with this Section is accomplished.

Appears in 2 contracts

Samples: Custodian Agreement (Sei Institutional Investments Trust), Custodian Agreement (Sei Institutional Managed Trust)

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Delayed Succession. If no Instruction has been given as of the effective date of termination, Custodian may at any time on or after such termination date and upon ten (10) consecutive calendar days written notice to the Fund Trust either (a) deliver the Investments of the Fund Funds held hereunder to the Fund Trust at the address designated for receipt of notices hereunder; or (b) deliver any investments held hereunder to a bank or trust company having a capitalization of $2 million United States Dollars or 2,000,000 USD equivalent and operating under the Applicable law of the jurisdiction where such Investments are located and qualified to act as a Custodian or Subcustodian of the Funds' Investments under the 1940 Actlocated, such delivery to be at the risk of the FundFunds. In the event that Investments or moneys of the Fund Funds remain in the custody of the Custodian or its Subcustodians after the date of termination owing to the failure of the Fund Trust to issue Instructions with respect to their disposition or owing to the fact that such disposition could not be accomplished in accordance with such Instructions despite diligent efforts of the Custodian, the Custodian shall be entitled to compensation for its services with respect to such Investments and moneys during such period as the Custodian or its Subcustodians retain possession of such items and the provisions of this Agreement shall remain in full force and effect until disposition in accordance with this Section is accomplished.

Appears in 1 contract

Samples: Custodian Agreement (Icon Funds)

Delayed Succession. If no Instruction has been given as of the effective date of termination, Custodian may at any time on or after such termination date and upon ten days written notice to the Fund Trust either (a) deliver the Investments of the Fund Trust held hereunder to the Fund Trust at the address designated for receipt of notices hereunder; or (b) deliver any investments held hereunder to a bank or trust company having a capitalization of $2 million United States Dollars or equivalent and operating under the Applicable law of the jurisdiction where such Investments are located and qualified to act as a Custodian or Subcustodian of the FundsTrusts' Investments under the 1940 Act, such delivery to be at the risk of the FundTrust. In the event that Investments or moneys of the Fund Trust remain in the custody of the Custodian or its Subcustodians after the date of termination owing to the failure of the Fund Trust to issue Instructions with respect to their disposition or owing to the fact that such disposition could not be accomplished in accordance with such Instructions despite diligent efforts of the Custodian, the Custodian shall be entitled to compensation for its services with respect to such Investments and moneys during such period as the Custodian or its Subcustodians retain possession of such items and the provisions of this Agreement shall remain in full force and effect until disposition in accordance with this Section is accomplished.

Appears in 1 contract

Samples: Custodian Agreement (Lexington Global Income Fund)

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