Common use of Delivery of Domestic Securities Clause in Contracts

Delivery of Domestic Securities. The Custodian shall release and deliver domestic Securities owned by a Fund held by the Custodian, in a U.S. Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Instructions on behalf of the applicable Fund, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases: 1) Upon sale of such Securities for the account of the Fund in accordance with customary or established market practices and procedures, including, without limitation, delivery to the purchaser thereof or to a dealer therefor (or an agent of such purchaser or dealer) against expectation of receiving later payment; 2) Upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the Fund; 3) In the case of a sale effected through a U.S. Securities System, in accordance the conditions of Rule 17f-4 under the Investment Company Act; 4) To the depository agent in connection with tender or other similar offers for Securities of the Fund; 5) To the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the Cash or other consideration is to be delivered to the Custodian; 6) To the issuer thereof, or its agent, for transfer into the name of the Fund or into the name of any nominee or nominees of the Custodian or into the name or nominee name of any agent appointed pursuant to Section 8(A); or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new Securities are to be delivered to the Custodian; 7) Upon the sale of such Securities for the account of the Fund, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such Securities prior to receiving payment for such Securities except as may arise from the Custodian’s own negligence or willful misconduct; 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the Securities of the issuer of such Securities, or pursuant to provisions for conversion contained in such Securities, or pursuant to any deposit agreement; provided that, in any such case, the new Securities and Cash, if any, are to be delivered to the Custodian; 9) In the case of warrants, rights or similar Securities, the surrender thereof in the exercise of such warrants, rights or similar Securities or the surrender of interim receipts or temporary Securities for definitive Securities; provided that, in any such case, the new Securities and Cash, if any, are to be delivered to the Custodian; 10) For delivery in connection with any loans of Securities made by the Fund (a) against receipt of collateral as agreed from time to time by the Fund on behalf of the Fund, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian will not be held liable or responsible for the delivery of Securities owned by the Fund prior to the receipt of such collateral or (b) to the lending agent, or the lending agent’s custodian, in accordance with written Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund; 11) For delivery as Security in connection with any borrowing by a Fund on behalf of a Fund requiring a pledge of assets by the Fund on behalf of such Fund; 12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Fund, the Custodian and a broker-dealer registered under the Securities Exchange Act and a member of FINRA, relating to compliance with the rules of The Options Clearing Corporation and of any registered national securities exchange, or of any similar organization or organizations, regarding escrow or other arrangements in connection with transactions by the Fund on behalf of a Fund; 13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Fund, the Custodian, and a futures commission merchant registered under the Commodity Exchange Act, relating to compliance with the rules of the CFTC and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Fund; 14) Upon the sale or other delivery of such investments (including, without limitation, to one or more Repo Custodians), and prior to receipt of payment therefor, as set forth in written Instructions, provided that such Instructions shall set forth (a) the Securities of the Fund to be delivered and (b) the person(s) to whom delivery of such Securities shall be made; 15) Upon receipt of instructions from the Fund’s Transfer Agent for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the Fund, in satisfaction of requests by holders of Shares for repurchase or redemption; 16) In the case of a sale processed through the Underlying Transfer Agent of Underlying Shares, in accordance with Section 2(F) hereof; 17) For delivery as initial or variation margin in connection with futures contracts, options on futures contracts or swap agreements entered into by the Fund on behalf of the Fund; and 18) For any other purpose, but only upon receipt of Instructions from the Fund on behalf of the applicable Fund specifying (a) the Securities of the Fund to be delivered and (b) the person or persons to whom delivery of such Securities shall be made.

Appears in 6 contracts

Samples: Custodial Services Agreement (John Hancock Bond Trust), Custodial Services Agreement (John Hancock Funds II), Custodial Services Agreement (John Hancock Investment Trust)

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Delivery of Domestic Securities. The Custodian shall release and deliver domestic Securities owned by a Fund held by the Custodian, in a U.S. Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Instructions on behalf of the applicable Fund, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases: 1) Upon sale of such Securities for the account of the Fund in accordance with customary or established market practices and procedures, including, without limitation, delivery to the purchaser thereof or to a dealer therefor (or an agent of such purchaser or dealer) against expectation of receiving later payment; 2) Upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into by the Fund; 3) In the case of a sale effected through a U.S. Securities System, in accordance the conditions of Rule 17f-4 under the Investment Company Act; 4) To the depository agent in connection with tender or other similar offers for Securities of the Fund; 5) To the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the Cash or other consideration is to be delivered to the Custodian; 6) To the issuer thereof, or its agent, for transfer into the name of the Fund or into the name of any nominee or nominees of the Custodian or into the name or nominee name of any agent appointed pursuant to Section 8(A); or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new Securities are to be delivered to the Custodian; 7) Upon the sale of such Securities for the account of the Fund, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such Securities prior to receiving payment for such Securities except as may arise from the Custodian’s own negligence or willful misconduct; 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the Securities of the issuer of such Securities, or pursuant to provisions for conversion contained in such Securities, or pursuant to any deposit agreement; provided that, in any such case, the new Securities and Cash, if any, are to be delivered to the Custodian; 9) In the case of warrants, rights or similar Securities, the surrender thereof in the exercise of such warrants, rights or similar Securities or the surrender of interim receipts or temporary Securities for definitive Securities; provided that, in any such case, the new Securities and Cash, if any, are to be delivered to the Custodian; 10) For delivery in connection with any loans of Securities made by the Fund (a) against receipt of collateral as agreed from time to time by the Fund on behalf of the Fund, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian will not be held liable or responsible for the delivery of Securities owned by the Fund prior to the receipt of such collateral or (b) to the lending agent, or the lending agent’s custodian, in accordance with written Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund; 11) For delivery as Security in connection with any borrowing by a Fund on behalf of a Fund requiring a pledge of assets by the Fund on behalf of such Fund; 12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Fund, the Custodian and a broker-dealer registered under the Securities Exchange Act and a member of FINRA, relating to compliance with the rules of The Options Clearing Corporation and of any registered national securities exchange, or of any similar organization or organizations, regarding escrow or other arrangements in connection with transactions by the Fund on behalf of a Fund; 13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Fund, the Custodian, and a futures commission merchant registered under the Commodity Exchange Act, relating to compliance with the rules of the CFTC and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Fund; 14) Upon the sale or other delivery of such investments (including, without limitation, to one or more Repo Custodians), and prior to receipt of payment therefor, as set forth in written Instructions, provided that such Instructions shall set forth (a) the Securities of the Fund to be delivered and (b) the person(s) to whom delivery of such Securities shall be made; 15) Upon receipt of instructions from the Fund’s Transfer Agent for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the Fund, in satisfaction of requests by holders of Shares for repurchase or redemption; 16) In the case of a sale processed through the Underlying Transfer Agent of Underlying Shares, in accordance with Section 2(F) hereof; 17) For delivery as initial or variation margin in connection with futures contracts, options on futures contracts or swap agreements entered into by the Fund on behalf of the Fund; and 18) For any other purpose, but only upon receipt of Instructions from the Fund on behalf of the applicable Fund specifying (a) the Securities of the Fund to be delivered and (b) the person or persons to whom delivery of such Securities shall be made.

Appears in 3 contracts

Samples: Master Global Custodial Services Agreement (John Hancock Bond Trust), Custodial Services Agreement (John Hancock Investment Trust), Custodial Services Agreement (John Hancock Variable Insurance Trust)

Delivery of Domestic Securities. The Custodian shall release and deliver domestic Securities securities owned by a Fund Portfolio held by the Custodian, in a U.S. Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable FundPortfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases: 1) Upon sale of such Securities securities for the account of the Fund Portfolio in accordance with customary or established market practices and procedures, including, without limitation, delivery to the purchaser thereof or to a dealer therefor (or an agent of such purchaser or dealer) against expectation of receiving later payment; 2) Upon the receipt of payment in connection with any repurchase agreement related to such Securities securities entered into by the FundPortfolio; 3) In the case of a sale effected through a U.S. Securities System, in accordance with the conditions provisions of Rule 17f-4 under the Investment Company ActSection 2.8 hereof; 4) To the depository agent in connection with tender or other similar offers for Securities securities of the FundPortfolio; 5) To the issuer thereof or its agent when such Securities securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the Cash cash or other consideration is to be delivered to the Custodian; 6) To the issuer thereof, or its agent, for transfer into the name of the Fund Portfolio or into the name of any nominee or nominees of the Custodian or into the name or nominee name of any agent appointed pursuant to Section 8(A)2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new Securities securities are to be delivered to the Custodian; 7) Upon the sale of such Securities securities for the account of the FundPortfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such Securities securities prior to receiving payment for such Securities securities except as may arise from the Custodian’s own negligence or willful misconduct; 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the Securities securities of the issuer of such Securitiessecurities, or pursuant to provisions for conversion contained in such Securitiessecurities, or pursuant to any deposit agreement; provided that, in any such case, the new Securities securities and Cashcash, if any, are to be delivered to the Custodian; 9) In the case of warrants, rights or similar Securitiessecurities, the surrender thereof in the exercise of such warrants, rights or similar Securities securities or the surrender of interim receipts or temporary Securities securities for definitive Securitiessecurities; provided that, in any such case, the new Securities securities and Cashcash, if any, are to be delivered to the Custodian; 10) For delivery in connection with any loans of Securities securities made by the Fund Portfolio (a) against receipt of collateral as agreed from time to time by the Fund on behalf of the FundPortfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian will not be held liable or responsible for the delivery of Securities securities owned by the Fund Portfolio prior to the receipt of such collateral or (b) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund; 11) For delivery as Security security in connection with any borrowing by a Fund on behalf of a Fund Portfolio requiring a pledge of assets by the Fund on behalf of such FundPortfolio; 12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the FundPortfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 (the “Exchange Act”) and a member of the Financial Industry Regulatory Authority, Inc. (“FINRA,” formerly known as The National Association of Securities Dealers, Inc.), relating to compliance with the rules of The Options Clearing Corporation and of any registered national securities exchange, or of any similar organization or organizations, regarding escrow or other arrangements in connection with transactions by the Fund on behalf of a FundPortfolio; 13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the FundPortfolio, the Custodian, and a futures commission merchant registered under the Commodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (the “CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a FundPortfolio; 14) Upon the sale or other delivery of such investments (including, without limitation, to one or more (a) Special Sub-Custodians or (b) additional custodians appointed by the Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized officer of the Fund, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo CustodiansCustodian”), and prior to receipt of payment therefor, as set forth in written InstructionsProper Instructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (a) the Securities securities of the Fund Portfolio to be delivered and (b) the person(s) to whom delivery of such Securities securities shall be made; 15) Upon receipt of instructions from the Fund’s transfer agent (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the FundPortfolio (the “Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption; 16) In the case of a sale processed through the Underlying Transfer Agent of Underlying Shares, in accordance with Section 2(F) 2.10 hereof; 17) For delivery as initial or variation margin in connection with futures contracts, or options on futures contracts or swap agreements entered into by the Fund on behalf of the FundPortfolio; and 18) For any other purpose, but only upon receipt of Proper Instructions from the Fund on behalf of the applicable Fund Portfolio specifying (a) the Securities securities of the Fund Portfolio to be delivered and (b) the person or persons to whom delivery of such Securities securities shall be made.

Appears in 2 contracts

Samples: Master Custodian Agreement (BMO LGM Frontier Markets Equity Fund), Master Custodian Agreement (BMO Lloyd George Frontier Markets Equity Fund)

Delivery of Domestic Securities. The Custodian shall release and deliver domestic Securities securities owned by a Fund Portfolio held by the Custodian, in a U.S. Securities System account of the Custodian Custodian, or in an account at the Underlying Transfer Agent, Agent only upon receipt of Proper Instructions on behalf of the applicable FundPortfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases: 1) Upon sale of such Securities securities for the account of the Fund in accordance with customary or established market practices Portfolio and procedures, including, without limitation, delivery to the purchaser thereof or to a dealer therefor (or an agent receipt of such purchaser or dealer) against expectation of receiving later paymentpayment therefor; 2) Upon the receipt of payment in connection with any repurchase agreement related to such Securities securities entered into by the FundPortfolio; 3) In the case of a sale effected through a U.S. Securities System, in accordance with the conditions provisions of Rule 17f-4 under the Investment Company ActSection 2.9 hereof; 4) To the depository agent in connection with tender or other similar offers for Securities securities of the Fund;Portfolio; Information Classification: Limited Access 5) To the issuer thereof or its agent when such Securities securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the Cash cash or other consideration is to be delivered to the Custodian; 6) To the issuer thereof, or its agent, for transfer into the name of the Fund Portfolio or into the name of any nominee or nominees of the Custodian or into the name or nominee name of any agent appointed pursuant to Section 8(A)2.8 or into the name or nominee name of any sub-custodian appointed pursuant to Section 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new Securities securities are to be delivered to the Custodian; 7) Upon the sale of such Securities securities for the account of the FundPortfolio, to the broker or its clearing agent, agent against a receipt, receipt for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such Securities securities prior to receiving payment for such Securities securities except as may arise from the Custodian’s 's own negligence or willful misconduct; 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the Securities securities of the issuer of such Securitiessecurities, or pursuant to provisions for conversion contained in such Securities, or securities pursuant to any deposit agreement; provided that, in any such case, the new Securities securities and Cashcash, if any, are to be delivered to the Custodian; 9) In the case of warrants, rights or similar Securitiessecurities, the surrender thereof in the exercise of such warrants, rights or similar Securities securities or the surrender of interim receipts or temporary Securities securities for definitive Securities; securities, provided that, in any such case, the new Securities securities and Cashcash, if any, are to be delivered to the Custodian; 10) For delivery in connection with any loans of Securities securities made by the Fund (a) Portfolio, but only against receipt of adequate collateral as agreed upon from time to time by the Fund Custodian and the Trust on behalf of the FundPortfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian will not be held liable or responsible for the delivery of Securities securities owned by the Fund Portfolio prior to the receipt of such collateral or (b) to the lending agent, or the lending agent’s custodian, in accordance with written Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral; 11) For delivery as Security security in connection with any borrowing by a Fund the Trust on behalf of a Fund the Portfolio requiring a pledge of assets by the Fund Trust on behalf of such Fundthe Portfolio, but only against receipt of amounts borrowed; 12) For delivery in accordance with the provisions of any agreement among the Fund Trust on behalf of the FundPortfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 (the “Exchange Act”) and a member of the Financial Industry Regulatory Authority (“FINRA”), relating to compliance with the rules of The Options Clearing Corporation and of any registered national securities exchange, or of any similar organization or organizations, regarding escrow or other arrangements in connection with transactions by the Fund on behalf Portfolio of a Fund;the Trust; Information Classification: Limited Access 13) For delivery in accordance with the provisions of any agreement among a Fund the Trust on behalf of the FundPortfolio, the Custodian, Custodian and a futures commission merchant Futures Commission Merchant registered under the Commodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract market, market or any similar organization or organizations, organizations regarding account deposits in connection with transactions by the Fund on behalf Portfolio of a Fund;the Trust 14) Upon the sale or other delivery of such investments (including, without limitation, to one or more (a) Special Sub-Custodians (as such term is defined in Section 2.16 hereof (each a “Special Sub-Custodian”) or (b) additional custodians appointed by the Portfolio, and communicated to the Custodian from time to time via a writing duly executed by an authorized officer of the Portfolio, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo CustodiansCustodian”), and prior to receipt of payment therefor, as set forth in written InstructionsProper Instructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.7(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (a) the Securities securities of the Fund Portfolio to be delivered and (b) the person(s) to whom delivery of such Securities securities shall be made; 15) Upon receipt of instructions from the Fund’s transfer agent for the Trust (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund Trust related to the Fund, Portfolio (“the “Prospectus”) in satisfaction of requests by holders of Shares for repurchase or redemption; 16) For delivery as initial or variation margin in connection with futures or options on futures contracts, forward contracts, swaps or other derivative transactions entered into by the Trust on behalf of the Portfolio; 17) In the case of a sale processed through the Underlying Transfer Agent of Underlying Shares, in accordance with Section 2(F) 2.15 hereof; 17) For delivery as initial or variation margin in connection with futures contracts, options on futures contracts or swap agreements entered into by the Fund on behalf of the Fund; and 18) For any other purpose, but only upon receipt of Proper Instructions from the Fund on behalf of the applicable Fund Portfolio specifying (a) the Securities securities of the Fund Portfolio to be delivered and (b) naming the person or persons to whom delivery of such Securities securities shall be made.

Appears in 1 contract

Samples: Custodian Agreement (American Beacon Sound Point Enhanced Income Fund)

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Delivery of Domestic Securities. The Custodian shall release and deliver domestic Securities securities owned by a Fund Portfolio held by the Custodian, in a U.S. Securities System account of the Custodian Custodian, or in an account at the Underlying Transfer Agent, Agent only upon receipt of Proper Instructions from the Trust on behalf of the applicable FundPortfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases: 1) Upon sale of such Securities securities for the account of the Fund in accordance with customary or established market practices Portfolio and procedures, including, without limitation, delivery to the purchaser thereof or to a dealer therefor (or an agent receipt of such purchaser or dealer) against expectation of receiving later paymentpayment therefor; 2) Upon the receipt of payment in connection with any repurchase agreement related to such Securities securities entered into by the FundPortfolio; 3) In the case of a sale effected through a U.S. Securities System, in accordance with the conditions provisions of Rule 17f-4 under the Investment Company ActSection 2.9 hereof; 4) To the depository agent in connection with tender or other similar offers for Securities securities of the FundPortfolio; 5) To the issuer thereof or its agent when such Securities securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the Cash cash or other consideration is to be delivered to the Custodian; 6) To the issuer thereof, or its agent, for transfer into the name of the Fund Portfolio or into the name of any nominee or nominees of the Custodian or into the name or nominee name of any agent appointed pursuant to Section 8(A)2.8 or into the name or nominee name of any sub-custodian appointed pursuant to Section 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new Securities securities are to be delivered to the Custodian; 7) Upon the sale of such Securities securities for the account of the FundPortfolio, to the broker or its clearing agent, agent against a receipt, receipt for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such Securities securities prior to receiving payment for such Securities securities except as may arise from the Custodian’s 's own negligence or willful misconduct;; State Street: Limited Access 8) For exchange or conversion pursuant to ot any plan of merger, consolidation, recapitalization, reorganization or readjustment of the Securities securities of the issuer of such Securitiessecurities, or pursuant to provisions for conversion contained in such Securities, or securities pursuant to any deposit agreement; provided that, in any such case, the new Securities securities and Cashcash, if any, are to be delivered to the Custodian; 9) In the case of warrants, rights or similar Securitiessecurities, the surrender thereof in the exercise of such warrants, rights or similar Securities securities or the surrender of interim receipts or temporary Securities securities for definitive Securities; securities, provided that, in any such case, the new Securities securities and Cashcash, if any, are to be delivered to the Custodian; 10) For delivery in connection with any loans of Securities securities made by the Fund (a) Portfolio, but only against receipt of adequate collateral as agreed upon from time to time by the Fund Custodian and the Trust on behalf of the FundPortfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian will not be held liable or responsible for the delivery of Securities securities owned by the Fund Portfolio prior to the receipt of such collateral or (b) to the lending agent, or the lending agent’s custodian, in accordance with written Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral; 11) For delivery as Security security in connection with any borrowing by a Fund the Trust on behalf of a Fund the Portfolio requiring a pledge of assets by the Fund Trust on behalf of such Fundthe Portfolio, but only against receipt of amounts borrowed; 12) For delivery in accordance with the provisions of any agreement among the Fund Trust on behalf of the FundPortfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 (the “Exchange Act”) and a member of the Financial Industry Regulatory Authority (“FINRA”), relating to compliance with the rules of The Options Clearing Corporation and of any registered national securities exchange, or of any similar organization or organizations, regarding escrow or other arrangements in connection with transactions by the Fund on behalf Portfolio of a Fundthe Trust; 13) For delivery in accordance with the provisions of any agreement among a Fund the Trust on behalf of the FundPortfolio, the Custodian, Custodian and a futures commission merchant Futures Commission Merchant registered under the Commodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract market, market or any similar organization or organizations, organizations regarding account deposits in connection with transactions by the Fund on behalf Portfolio of a Fund;the Trust 14) Upon the sale or other delivery of such investments (including, without limitation, to one or more Repo Custodians), and prior to receipt of payment therefor, as set forth in written Instructions, provided that such Instructions shall set forth (a) the Securities of the Fund to be delivered and (b) the person(s) to whom delivery of such Securities shall be made; 15) Upon receipt of instructions from the Fund’s transfer agent for the Trust (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund Trust related to the Fund, Portfolio (“the “Prospectus”) in satisfaction of requests by holders of Shares for repurchase or redemption;; and 15) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Trust on behalf of the Portfolio; State Street: Limited Access 16) In the case of a sale processed through the Underlying Transfer Agent of Underlying Shares, in accordance with Section 2(F) 2.15 hereof;; and 17) For delivery as initial or variation margin in connection with futures contracts, options on futures contracts or swap agreements entered into by the Fund on behalf of the Fund; and 18) For any other proper Trust purpose, but only upon receipt of written Proper Instructions from specifying the Fund on behalf securities of the applicable Fund specifying (a) the Securities of the Fund Portfolio to be delivered and (b) naming the person or persons to whom delivery of such Securities securities shall be made.

Appears in 1 contract

Samples: Custodian Agreement (American Beacon Institutional Funds Trust)

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