DELIVERY OF FOREIGN ASSETS. State Street or a Foreign Sub-Custodian shall release and deliver foreign securities of the Portfolios held by State Street 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: (a) Upon the sale of such foreign securities for the Portfolio in accordance with commercially reasonable market practice in the country where such foreign securities are held or traded, including, without limitation, delivery against expectation of receiving later payment, or 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. (b) In connection with any repurchase agreement related to foreign securities. (c) To the depository agent in connection with tender or other similar offers for foreign securities of the Portfolios. (d) To the issuer thereof or its agent when such foreign securities are called, redeemed, retired or otherwise become payable. (e) To the issuer thereof, or its agent, for transfer into the name of State Street (or the name of the respective Foreign Sub-Custodian or of any nominee of 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. (f) To brokers, clearing banks or other clearing agents for examination or trade execution in accordance with market custom; 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 foreign securities except as may arise from the Foreign Sub-Custodian’s own negligence or willful misconduct. (g) 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. (h) 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. (i) For delivery as security in connection with any borrowing by the Trust on behalf of a Portfolio requiring a pledge of assets by the Trust on behalf of such Portfolio. (j) In connection with trading in options and futures contracts, including delivery as original margin and variation margin.
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Samples: Custody and Investment Accounting Agreement (PIMCO Equity Series), Custody and Investment Accounting Agreement (PIMCO ETF Trust)
DELIVERY OF FOREIGN ASSETS. State Street The Custodian or a Foreign Sub-Custodian shall release and deliver foreign securities of the Portfolios held by State Street the Custodian or such Foreign Sub-Custodian, or in a Foreign Securities System account, only upon receipt of proper Proper Instructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(ai) Upon the sale of such foreign securities for the Portfolio in accordance with commercially reasonable market practice in the country where such 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.;
(bii) In connection with any repurchase agreement related to foreign securities.;
(ciii) To the depository agent in connection with tender or other similar offers for foreign securities of the Portfolios.;
(div) To the issuer thereof or its agent when such foreign securities are called, redeemed, retired or otherwise become payable.;
(ev) To the issuer thereof, or its agent, for transfer into the name of State Street the Custodian (or the name of the respective Foreign Sub-Custodian or of any nominee of State Street 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.
(f) To brokers, clearing banks or other clearing agents for examination or trade execution in accordance with market custom; 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 foreign securities except as may arise from the Foreign Sub-Custodian’s own negligence or willful misconduct.
(g) 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.
(h) 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.
(i) For delivery as security in connection with any borrowing by the Trust on behalf of a Portfolio requiring a pledge of assets by the Trust on behalf of such Portfolio.
(j) In connection with trading in options and futures contracts, including delivery as original margin and variation margin.,
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Samples: Custodian Agreement (Evergreen International Balanced Income Fund)
DELIVERY OF FOREIGN ASSETS. State Street or a Foreign Sub-Custodian -------------------------- shall release and deliver foreign securities of the Portfolios held by State Street or such Foreign Sub-Custodian, or in a Foreign Securities System account, only upon receipt of proper Proper Instructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(a) Upon upon the sale of such foreign securities for the Portfolio in accordance with commercially reasonable market practice in the country where such foreign securities are held or traded, including, without limitation, : (i) delivery against expectation of receiving later payment, ; or (ii) 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.;
(b) In in connection with any repurchase agreement related to foreign securities.;
(c) To to the depository agent in connection with tender or other similar offers for foreign securities of the Portfolios.securities;
(d) To to the issuer thereof or its agent when such foreign securities are called, redeemed, retired or otherwise become payable.;
(e) To to the issuer thereof, or its agent, for transfer into the name of State Street (or the name of the respective Foreign Sub-Custodian or of any nominee of 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.;
(f) To to brokers, clearing banks or other clearing agents for examination or trade execution in accordance with market custom; provided that in any such case, 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 foreign securities except as may arise from the Foreign Sub-Custodian’s 's own negligence or willful misconduct.;
(g) For 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.;
(h) 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 securities for definitive securities.;
(i) For for delivery as security in connection with any borrowing by the Trust on behalf of a Portfolio Portfolios requiring a pledge of assets by the Trust on behalf of such Portfolio.Portfolios;
(j) In in connection with trading in options and futures contracts, including delivery as original margin and variation margin;
(k) in connection with the lending of foreign securities; and
(l) for any other purpose, but only upon receipt of Proper Instructions specifying the foreign securities to be delivered and naming the person or persons to whom delivery of such securities shall be made.
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DELIVERY OF FOREIGN ASSETS. State Street or a Foreign Sub-Custodian shall release and deliver foreign securities of the Portfolios 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:
: (ai) Upon upon the sale of such foreign securities for the Portfolio Fund in accordance with commercially reasonable market practice in the country where such 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.
; (bii) In in connection with any repurchase agreement related to foreign securities.
; (ciii) To to the depository agent in connection with tender or other similar offers for foreign securities of the Portfolios.
Fund; (div) To to the issuer thereof or its agent when such foreign securities are called, redeemed, retired or otherwise become payable.
; (ev) To to the issuer thereof, or its agent, for transfer into the name of State Street (or the name of the respective Foreign Sub-Custodian or of any nominee of 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.
; (fvi) To to brokers, clearing banks or other clearing agents for examination or trade execution in accordance with market custom; provided that in any such case, case the Foreign Sub-Custodian Subcustodian shall have no responsibility or liability for any loss arising from the delivery of such foreign securities prior to receiving payment for such foreign securities except as may arise from the Foreign Sub-Custodian’s own negligence negligence, bad faith or willful misconduct.
(g) 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.
(h) 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.
(i) For delivery as security in connection with any borrowing by the Trust on behalf of a Portfolio requiring a pledge of assets by the Trust on behalf of such Portfolio.
(j) In connection with trading in options and futures contracts, including delivery as original margin and variation margin.;
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Samples: Custodian and Investment Accounting Agreement (Pimco High Income Fund)
DELIVERY OF FOREIGN ASSETS. State Street The Custodian or a Foreign Sub-Custodian shall release and deliver foreign securities of the Portfolios Fund held by State Street or such Foreign Sub-Custodian, or in a Foreign Securities System account, only upon receipt of proper Proper Instructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(a) Upon : upon the sale of such foreign securities Foreign Assets for the Portfolio Fund in accordance with commercially reasonable market practice in the country where such foreign securities 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.
(b) In ; in connection with any repurchase agreement related to foreign securities.
(c) To ; to the depository agent in connection with tender or other similar offers for foreign securities Foreign Assets of the Portfolios.
(d) To Fund; to the issuer thereof or its agent when such foreign securities Foreign Assets are called, redeemed, retired or otherwise become payable.
(e) To ; to the issuer thereof, or its agent, for transfer into the name of State Street the Custodian (or the name of the respective Foreign Sub-Custodian or of any nominee of State Street 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.
(f) To ; to brokers, clearing banks or other clearing agents for examination or trade execution in accordance with market customcustom generally accepted by Institutional Clients; provided that in any such case, 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 foreign securities except as may arise from the Foreign Sub-Custodian’s own negligence or willful misconduct.
(g) For ; 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.
(h) 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.
(i) For ; for delivery as security in connection with any borrowing by the Trust on behalf of a Portfolio Fund requiring a pledge of assets by the Trust on behalf of such Portfolio.
(j) In 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.
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DELIVERY OF FOREIGN ASSETS. State Street The Custodian or a Foreign Sub-Custodian shall release and deliver foreign securities of the Portfolios held by State Street the Custodian or such Foreign Sub-Custodian, or in a Foreign Securities System account, only upon receipt of proper Proper Instructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(a) Upon : upon the sale of such foreign securities for the Portfolio in accordance with commercially reasonable market practice in the country where such 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.
(b) In ; in connection with any repurchase agreement related to foreign securities.
(c) To ; to the depository agent in connection with tender or other similar offers for foreign securities of the Portfolios.
(d) To ; to the issuer thereof or its agent when such foreign securities are called, redeemed, retired or otherwise become payable.
(e) To ; to the issuer thereof, or its agent, for transfer into the name of State Street the Custodian (or the name of the respective Foreign Sub-Custodian or of any nominee of State Street 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.
(f) To ; to brokers, clearing banks or other clearing agents for examination or trade execution in accordance with market custom; provided that in any such case, 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 foreign securities except as may arise from the Foreign Sub-Custodian’s Custodians own negligence or willful misconduct.
(g) For ; 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.
(h) 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 securities for definitive securities.
(i) For ; for delivery as security in connection with any borrowing by the Trust on behalf of a Portfolio Portfolios requiring a pledge of assets by the Trust on behalf of such Portfolio.
(j) In Portfolios; in connection with trading in options and futures contracts, including delivery as original margin and variation margin; in connection with the lending of foreign securities; and for any other purpose, but only upon receipt of Proper Instructions specifying the foreign securities to be delivered and naming the person or persons to whom delivery of such securities shall be made.
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DELIVERY OF FOREIGN ASSETS. State Street The Custodian or a Foreign Sub-Custodian shall release and deliver foreign securities of the Portfolios Fund held by State Street the Custodian or such Foreign Sub-Custodian, or in a Foreign Securities System account, only upon receipt of proper Proper Instructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(a) : Upon the sale of such foreign securities for the Portfolio Fund in accordance with commercially reasonable market practice in the country where such 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.
(b) ; In connection with any repurchase agreement related to foreign securities.
(c) ; To the depository agent in connection with tender or other similar offers for foreign securities of the Portfolios.
(d) Fund; To the issuer thereof or its agent when such foreign securities are called, redeemed, retired or otherwise become payable.
(e) ; To the issuer thereof, or its agent, for transfer into the name of State Street the Custodian (or the name of the respective Foreign Sub-Custodian or of any nominee of State Street 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.
(f) ; To brokers, clearing banks or other clearing agents for examination or trade execution in accordance with market custom; provided that in any such case, 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 foreign securities except as may arise from the Foreign Sub-Custodian’s own negligence or willful misconduct.
(g) ; 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.
(h) ; 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.
(i) ; For delivery as security in connection with any borrowing by the Trust on behalf of a Portfolio Fund requiring a pledge of assets by the Trust on behalf of such Portfolio.
(j) 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 purpose, but only upon receipt of Proper Instructions specifying the foreign securities to be delivered, setting forth the purpose for which such delivery is to be made, and naming the person or persons to whom delivery of such securities shall be made.
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