Common use of DELIVERY OF FOREIGN ASSETS Clause in Contracts

DELIVERY OF FOREIGN ASSETS. The Custodian or a Foreign Sub-Custodian shall release and deliver foreign securities of the Fund held by such Foreign Sub-Custodian, or in a Foreign Securities System account, only upon receipt of Proper Instructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases: upon the sale of such Foreign Assets for the Fund in accordance with commercially reasonable market practice in the country where such Foreign Assets are held or traded, including, without limitation: (A) delivery against expectation of receiving later payment; or (B) in the case of a sale effected through a Foreign Securities System, in accordance with the rules governing the operation of the Foreign Securities System; in connection with any repurchase agreement related to foreign securities; to the depository agent in connection with tender or other similar offers for Foreign Assets of the Fund; to the issuer thereof or its agent when such Foreign Assets are called, redeemed, retired or otherwise become payable; to the issuer thereof, or its agent, for transfer into the name of the Custodian (or the name of the respective Foreign Sub-Custodian or of any nominee of the Custodian or such Foreign Sub-Custodian) or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; to brokers, clearing banks or other clearing agents for examination or trade execution in accordance with market custom generally accepted by Institutional Clients; provided that in any such case the Foreign Sub-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 Foreign Sub-Custodian’s own negligence or willful misconduct; 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; in the case of warrants, rights or similar foreign 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; for delivery as security in connection with any borrowing by the Fund requiring a pledge of assets by the Fund; in connection with trading in options and futures contracts, including delivery as original margin and variation margin; in connection with the lending of Foreign Assets; and for any other proper purpose, but only upon receipt of Proper Instructions specifying the Foreign Assets to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper corporate purpose, and naming the person or persons to whom delivery of such Assets shall be made.

Appears in 1 contract

Samples: Custodian Contract (RS Variable Products Trust)

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DELIVERY OF FOREIGN ASSETS. The Custodian or a Foreign Sub-Sub- Custodian shall release and deliver foreign securities of the Fund Portfolios held by the Custodian or such Foreign Sub-Custodian, or in a Foreign Securities System account, only upon receipt of Proper Instructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases: ; (i) upon the sale of such Foreign Assets foreign securities for the Fund Portfolio in accordance with commercially reasonable market practice in the country where such Foreign Assets foreign securities are held or traded, including, without limitation: (A) delivery against expectation of receiving later payment; or (B) in the case of a sale effected through a Foreign Securities System, in accordance with the rules governing the operation of the Foreign Securities System; (ii) in connection with any repurchase agreement related to foreign securities; (iii) to the depository agent in connection with tender or other similar offers for Foreign Assets foreign securities of the FundPortfolios; (iv) to the issuer thereof or its agent when such Foreign Assets foreign securities are called, redeemed, retired or otherwise become payable; (v) to the issuer thereof, or its agent, agent for transfer into the name of the Custodian (or the name of the respective Foreign Sub-Custodian or of any nominee of the Custodian or such Foreign Sub-Custodian) or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; (vi) to brokers, clearing banks or other clearing agents for examination or trade execution in accordance with market custom generally accepted by Institutional Clientscustom; provided that in any such case the Foreign Sub-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 Foreign Sub-Custodian’s own negligence or willful misconduct; 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; in the case of warrants, rights or similar foreign 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; for delivery as security in connection with any borrowing by the Fund requiring a pledge of assets by the Fund; in connection with trading in options and futures contracts, including delivery as original margin and variation margin; in connection with the lending of Foreign Assets; and for any other proper purpose, but only upon receipt of Proper Instructions specifying the Foreign Assets to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper corporate purpose, and naming the person or persons to whom delivery of such Assets shall be made.12

Appears in 1 contract

Samples: Master Custodian Agreement (Gabelli 787 Fund, Inc.)

DELIVERY OF FOREIGN ASSETS. The Custodian or a Foreign Sub-Custodian shall release and deliver foreign securities of the Fund held by the Custodian or such Foreign Sub-Custodian, or in a Foreign Securities System account, only upon receipt of Proper Instructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases: upon Upon the sale of such Foreign Assets foreign securities for the Fund in accordance with commercially reasonable market practice in the country where such Foreign Assets foreign securities are held or traded, including, without limitation: (A) delivery against expectation of receiving later payment; or (B) in the case of a sale effected through a Foreign Securities System, in accordance with the rules governing the operation of the Foreign Securities System; in In connection with any repurchase agreement related to foreign securities; to To the depository agent in connection with tender or other similar offers for Foreign Assets foreign securities of the Fund; to To the issuer thereof or its agent when such Foreign Assets foreign securities are called, redeemed, retired or otherwise become payable; to To the issuer thereof, or its agent, for transfer into the name of the Custodian (or the name of the respective Foreign Sub-Custodian or of any nominee of the Custodian or such Foreign Sub-Custodian) or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; to To brokers, clearing banks or other clearing agents for examination or trade execution in accordance with market custom generally accepted by Institutional Clientscustom; provided that in any such case the Foreign Sub-Custodian shall have no responsibility or liability for any loss arising from the delivery of such foreign securities prior to receiving payment for such securities except as may arise from the Foreign Sub-Custodian’s own negligence or willful misconduct; for For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the foreign securities of the issuer of such foreign securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; in In the case of warrants, rights or similar foreign securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary, temporary securities for definitive securities; for For delivery as security in connection with any borrowing by the Fund requiring a pledge of assets by the Fund; in In connection with trading in options and futures contracts, including delivery as original margin and variation margin; in In connection with the lending of Foreign Assets; and for For any other proper purpose, but only upon receipt of Proper Instructions specifying the Foreign Assets foreign securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper corporate purpose, and naming the person or persons to whom delivery of such Assets securities shall be made.

Appears in 1 contract

Samples: Custodian Contract (RS Variable Products Trust)

DELIVERY OF FOREIGN ASSETS. The Custodian or a Foreign Sub-Custodian shall release and deliver foreign securities of the Fund Portfolios held by the Custodian or such Foreign Sub-Custodian, or in a Foreign Securities System account, only upon receipt of Proper Instructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases: upon the sale of such Foreign Assets foreign securities for the Fund Portfolio in accordance with commercially reasonable market practice in the country where such Foreign Assets foreign securities are held or traded, including, without limitation: (A) delivery against expectation of receiving later payment; or (B) in the case of a sale effected through a Foreign Securities System, in accordance with the rules governing the operation of the Foreign Securities System; in connection with any repurchase agreement related to foreign securities; to the depository agent in connection with tender or other similar offers for Foreign Assets foreign securities of the FundPortfolios; to the issuer thereof or its agent when such Foreign Assets foreign securities are called, redeemed, retired or otherwise become payable; to the issuer thereof, or its agent, for transfer into the name of the Custodian (or the name of the respective Foreign Sub-Custodian or of any nominee of the Custodian or such Foreign Sub-Custodian) or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; to brokers, clearing banks or other clearing agents for examination or trade execution in accordance with market custom generally accepted by Institutional Clientscustom; provided that in any such case the Foreign Sub-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 Foreign Sub-Custodian’s Custodians own negligence or willful misconduct; 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; in the case of warrants, rights or similar foreign securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary, temporary securities for definitive securities; for delivery as security in connection with any borrowing by the Fund Portfolios requiring a pledge of assets by the FundPortfolios; in connection with trading in options and futures contracts, including delivery as original margin and variation margin; in connection with the lending of Foreign Assetsforeign securities; and for any other proper purpose, but only upon receipt of Proper Instructions specifying the Foreign Assets foreign securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper corporate purpose, delivered and naming the person or persons to whom delivery of such Assets securities shall be made.

Appears in 1 contract

Samples: Master Custodian Agreement (Calvert SAGE Fund)

DELIVERY OF FOREIGN ASSETS. The Custodian or a Foreign Sub-Custodian shall release and deliver foreign securities of the Fund held by the Custodian or such Foreign Sub-Custodian, or in a Foreign Securities System account, only upon receipt of Proper Instructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases: (1) upon the sale of such Foreign Assets foreign securities for the Fund in accordance with commercially reasonable market practice in the country where such Foreign Assets foreign securities are held or traded, including, without limitation: (A) delivery against expectation of receiving later payment; or (B) in the case of a sale effected through a Foreign Securities System, in accordance with the rules governing the operation of the Foreign Securities System; (2) in connection with any repurchase agreement related to foreign securities; (3) to the depository agent in connection with tender or other similar offers for Foreign Assets foreign securities of the Fund; (4) to the issuer thereof or its agent when such Foreign Assets foreign securities are called, redeemed, retired or otherwise become payable; (5) to the issuer thereof, or its agent, for transfer into the name of the Custodian (or the name of the respective Foreign Sub-Custodian or of any nominee of 13 the Custodian or such Foreign Sub-Custodian) or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; (6) to brokers, clearing banks or other clearing agents for examination or trade execution in accordance with market custom generally accepted by Institutional Clientscustom; provided that in any such case the Foreign Sub-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 Foreign Sub-Custodian’s own negligence or willful misconduct; (7) 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; (8) in the case of warrants, rights or similar foreign securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary, temporary securities for definitive securities; (9) for delivery as security in connection with any borrowing by the Fund requiring a pledge of assets by the Fund; (10) in connection with trading in options and futures contracts, including delivery as original margin and variation margin; (11) in connection with the lending of Foreign Assetsforeign securities; and (12) for any other proper purpose, but only upon receipt of Proper Instructions specifying the Foreign Assets foreign securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper corporate purpose, delivered and naming the person or persons to whom delivery of such Assets securities shall be made.

Appears in 1 contract

Samples: Custodian Agreement (Neuberger Berman Next Generation Connectivity Fund Inc.)

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DELIVERY OF FOREIGN ASSETS. The Custodian State Street or a Foreign Sub-Custodian shall release and deliver foreign securities of the Fund held by State Street or such Foreign Sub-CustodianSubcustodian, or in a Foreign Securities System account, only upon receipt of Proper Instructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases: (i) upon the sale of such Foreign Assets foreign securities for the Fund in accordance with commercially reasonable market practice in the country where such Foreign Assets foreign securities are held or traded, including, without limitation: (A) delivery against expectation of receiving later payment; or (B) in the case of a sale effected through a Foreign Securities System, in accordance with the rules governing the operation of the Foreign Securities System; (ii) in connection with any repurchase agreement related to foreign securities; (iii) to the depository agent in connection with tender or other similar offers for Foreign Assets foreign securities of the Fund; (iv) to the issuer thereof or its agent when such Foreign Assets foreign securities are called, redeemed, retired or otherwise become payable; (v) to the issuer thereof, or its agent, for transfer into the name of the Custodian State Street (or the name of the respective Foreign Sub-Custodian or of any nominee of the Custodian State Street or such Foreign Sub-Custodian) or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; (vi) to brokers, clearing banks or other clearing agents for examination or trade execution in accordance with market custom generally accepted by Institutional Clientscustom; provided that in any such case the Foreign Sub-Custodian Subcustodian 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 Foreign Sub-Custodian’s own negligence negligence, bad faith or willful misconduct; 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; in the case of warrants, rights or similar foreign 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; for delivery as security in connection with any borrowing by the Fund requiring a pledge of assets by the Fund; in connection with trading in options and futures contracts, including delivery as original margin and variation margin; in connection with the lending of Foreign Assets; and for any other proper purpose, but only upon receipt of Proper Instructions specifying the Foreign Assets to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper corporate purpose, and naming the person or persons to whom delivery of such Assets shall be made.;

Appears in 1 contract

Samples: Custodian and Investment Accounting Agreement (Pimco High Income Fund)

DELIVERY OF FOREIGN ASSETS. The Custodian or a an Eligible Foreign Sub-Custodian shall release and deliver foreign securities of the a Fund held by the Custodian or such Foreign Sub-Custodian, or in a Foreign Securities System account, only upon receipt of Proper Instructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases: (1) upon the sale of such Foreign Assets foreign securities for the Fund in accordance with commercially reasonable market practice in the country where such Foreign Assets foreign securities are held or traded, including, without limitation: (A) delivery against expectation of receiving later payment; or (B) in the case of a sale effected through a Foreign Securities System, in accordance with the rules governing the operation of the Foreign Securities System; (2) in connection with any repurchase agreement related to foreign securities; (3) to the depository agent in connection with tender or other similar offers for Foreign Assets foreign securities of the Fund; (4) to the issuer thereof or its agent when such Foreign Assets foreign securities are called, redeemed, retired or otherwise become payable; (5) to the issuer thereof, or its agent, for transfer into the name of the Custodian (or the name of the respective Foreign Sub-Custodian or of any nominee of the Custodian or such Foreign Sub-Custodian) or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; (6) to brokers, clearing banks or other clearing agents for examination or trade execution in accordance with market custom generally accepted by Institutional Clientscustom; provided that in any such case the Foreign Sub-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 Foreign Sub-Custodian’s own negligence or willful misconduct; 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; in the case of warrants, rights or similar foreign 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; for delivery as security in connection with any borrowing by the Fund requiring a pledge of assets by the Fund; in connection with trading in options and futures contracts, including delivery as original margin and variation margin; in connection with the lending of Foreign Assets; and for any other proper purpose, but only upon receipt of Proper Instructions specifying the Foreign Assets to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper corporate purpose, and naming the person or persons to whom delivery of such Assets shall be made.Sub-

Appears in 1 contract

Samples: Master Custodian Agreement (Neuberger Berman ETF Trust)

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