Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to: 1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised; 2. Deliver or cause to be delivered any Securities held for a Portfolio in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege; 3. Deliver or cause to be delivered any Securities held for a Portfolio to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery; 4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund; 5. Deliver Securities upon sale of such Securities for the account of a Portfolio pursuant to Section 7; 6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolio; 7. Deliver Securities of a Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be; 8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities; 9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed; 10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption; 11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 27 contracts
Samples: Custody Agreement (Copeland Trust), Custody Agreement (Williams Capital Management Trust), Custody Agreement (Clearwater Investment Trust)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in Written written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolio;
7. Deliver Securities of a Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalitiesinstrumentalities or other acceptable collateral as agreed upon;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 9 contracts
Samples: Custody Agreement (Advisers Investment Trust), Custody Agreement (Advisers Investment Trust), Custody Agreement (Advisers Investment Trust)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Certificate, the Custodian, directly or through the use of the Book-Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such InstructionsCertificate, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio the Series in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio the Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each the Series such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio the Series and take such other steps as shall be stated in Written Instructions a Certificate to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby the Fund;
76. Deliver Securities of a Portfolio owned by the Series to the issuer thereof or its agent when such Securities are called, redeemed, retired called or otherwise become payable; provided. Notwithstanding the foregoing, howeverthe Custodian shall have no responsibility for monitoring or ascertaining any call, that in any such case redemption or retirement dates with respect to put bonds which are owned by the cash or other consideration is to be delivered to Series and held by the Custodian or Sub-Custodianits nominees. Nor shall the Custodian have any responsibility or liability to the Fund for any loss by the Series for any missed payments or other defaults resulting therefrom; unless the Custodian received timely notification from the Fund specifying the time, as place and manner for the case presentment of any such put bond owned by the Series and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Fund for the accuracy or completeness of any notification the Custodian may befurnish to the Fund with respect to put bonds;
87. Deliver Securities for delivery in connection with any loans of securities Securities made by a Portfolio the Series but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies U.S. government securities or instrumentalitiesa letter of credit;
98. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio the Series requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
109. Deliver Securities upon receipt of a Certificate from the Fund for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
10. Deliver Securities as collateral in connection with short sales by the Series of common stock for which the Series owns the stock or owns preferred stocks or debt securities convertible or exchangeable, without payment or further consideration, into shares of the common stock sold short;
11. Deliver Securities for any purpose expressly permitted by and in accordance with procedures described in the Fund's Prospectus; and
12. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Fund's Board signed by an Authorized Person and certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 8 contracts
Samples: Custody Agreement (Mpam Funds Trust), Custody Agreement (Dreyfus Premier Opportunity Funds), Custody Agreement (Mpam Funds Trust)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Written Instruction and not otherwise, except for subparagraphs 5, 6, 7, and 8 of this section 2(g) which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a Securities Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and promptly deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the applicable Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio the applicable Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio the applicable Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Custody Agreement in the separate account for each the Fund such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio the applicable Fund and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio the applicable Fund pursuant to Section 73;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby the applicable Fund;
7. Deliver Securities of a Portfolio owned by the applicable Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds which are owned by the Fund and held by the Custodian or Sub-Custodianits nominee. Nor shall the Custodian have any responsibility or liability to the Fund for any loss by the Fund for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Fund specifying the time, as place and manner for the case presentment of any such put bond owned by the Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Fund for the accuracy or completeness of any notification the Custodian may befurnish to the Fund with respect to put bonds;
8. Deliver Securities for delivery in connection with any loans of securities Securities made by a Portfolio the Funds but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund Funds, which may be in the form of cash or obligations issued by the United States Government, its agencies U.S. government securities or instrumentalitiesa letter of credit;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio the Funds requiring a pledge of Portfolio the applicable Fund's assets, but only against receipt of the amounts borrowed;
10. Deliver Securities upon receipt of Written Instructions from a Fund for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities as collateral in connection with short sales by a Fund of common stock for which the Fund owns the stock or owns preferred stocks or debt securities convertible or exchangeable, without payment or further consideration, into shares of the common stock sold short;
12. Deliver Securities for any purpose expressly permitted by and in accordance with procedures described in the Fund's Prospectus; and
13. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board signed by an Authorized Person and certified by the Secretary of the FundFunds, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made. Notwithstanding anything in this Agreement to the contrary, the Custodian shall not be liable for the acts or omissions of any agent appointed under paragraph (f) of Section 9 pursuant to Oral or Written Instructions including, but not limited to, any broker-dealer or other entity designated by a Fund or its investment advisor to hold any Securities or other property of the Fund as collateral or otherwise pursuant to any investment strategy.
Appears in 5 contracts
Samples: Delegation, Custody and Information Services Agreement (Jnlny Variable Fund Ii LLC), Delegation, Custody and Information Services Agreement (JNL Variable Fund LLC), Delegation, Custody and Information Services Agreement (JNL Variable Fund v LLC)
Delivery of Securities and Evidence of Authority. Upon receipt of an InstructionWritten Instructions, the Custodian, directly or through the use of the Book-Entry System or a Depository, Bank shall, or shall instruct the relevant Sub-Custodian to:
1. 4.6.1 Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizationsauthorization, and any other instruments whereby the authority of the Fund Trust as owner of any Securities may be exercised;
2. 4.6.2 Deliver or cause to be delivered any Securities held for a Portfolio Series in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. 4.6.3 Deliver or cause to be delivered any Securities held for a Portfolio Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate (bookkeeping) account for each Series such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. 4.6.4 Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in said Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the FundTrust;
5. 4.6.5 Deliver Securities owned by any Series upon sale of such Securities for the account of a Portfolio such Series pursuant to Section 75;
6. 4.6.6 Deliver Securities owned by any Series upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby such Series;
7. 4.6.7 Deliver Securities of a Portfolio owned by any Series to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;Bank.
8. 4.6.8 Deliver Securities for delivery owned by any Series in connection with any loans of securities Securities made by a Portfolio such Series but only against receipt of adequate collateral as agreed upon from time to time-to-time by the Custodian Bank and the Fund Trust which may be in any form permitted under the form of cash 1940 Act or obligations any interpretations thereof issued by the United States Government, Securities and Exchange Commission or its agencies or instrumentalitiesstaff;
9. 4.6.9 Deliver Securities owned by any Series for delivery as security in connection with any borrowings by a Portfolio such Series requiring a pledge of Portfolio Series assets, but only against receipt of the amounts amount borrowed;
10. 4.6.10 Deliver Securities owned by any Series upon receipt of instructions from such Series for delivery to the Transfer Agent or its designee or to the holders of Shares of such Series in connection with distributions in kind, as may be described from time-to-time in the Series' Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;; and
11. 4.6.11 Deliver Securities owned by any Series for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Trustees signed by an Authorized Person and certified by the Secretary or Assistant Secretary of the FundTrust, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 5 contracts
Samples: Mutual Fund Custody Agreement (Bishop Street Funds), Mutual Fund Custody Agreement (Coventry Group), Mutual Fund Custody Agreement (Islamia Group of Funds)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolio;
7. Deliver Securities of a Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 4 contracts
Samples: Custody Agreement (Rimrock Funds Trust), Custody Agreement (Brandes Investment Trust), Custody Agreement (Rimrock Funds Trust)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Certificate, the Custodian, directly or through the use of the Book-Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such InstructionsCertificate, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio the Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio the Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each the Fund such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio the Fund and take such other steps as shall be stated in Written Instructions a Certificate to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby the Fund;
76. Deliver Securities of a Portfolio owned by the Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired called or otherwise become payable; provided. Notwithstanding the foregoing, howeverthe Custodian shall have no responsibility for monitoring or ascertaining any call, that in any such case redemption or retirement dates with respect to put bonds which are owned by the cash or other consideration is to be delivered to Fund and held by the Custodian or Sub-Custodianits nominees. Nor shall the Custodian have any responsibility or liability to the Fund for any loss by the Fund for any missed payments or other defaults resulting therefrom; unless the Custodian received timely notification from the Fund specifying the time, as place and manner for the case presentment of any such put bond owned by the Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Fund for the accuracy or completeness of any notification the Custodian may be;furnish to the Fund with respect to put bonds
87. Deliver Securities for delivery in connection with any loans of securities Securities made by a Portfolio the Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies U.S. government securities or instrumentalitiesa letter of credit;
98. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio the Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
109. Deliver Securities upon receipt of a Certificate from the Fund for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
10. Deliver Securities as collateral in connection with short sales by the Fund of common stock for which the Fund owns the stock or owns preferred stocks or debt securities convertible or exchangeable, without payment or further consideration, into shares of the common stock sold short;
11. Deliver Securities for any purpose expressly permitted by and in accordance with procedures described in the Fund's Prospectus; and
12. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Directors signed by an Authorized Person and certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 4 contracts
Samples: Custody Agreement (Dreyfus Growth & Income Fund Inc /New/), Custody Agreement (Dreyfus Variable Investment Fund), Custody Agreement (Dreyfus Life & Annuity Index Fund Inc)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall promptly instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolio;
7. Deliver Securities of a Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 4 contracts
Samples: Custody Agreement (Wilshire Variable Insurance Trust), Custody Agreement (Wilshire Mutual Funds Inc), Custody Agreement (Driehaus Mutual Funds)
Delivery of Securities and Evidence of Authority. Upon receipt of an InstructionWritten Instructions, the Custodian, directly or through the use of the Book-Entry System or a Depository, Bank shall, or shall instruct the relevant Sub-Custodian to:
1. 4.6.1 Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizationsauthorization, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. 4.6.2 Deliver or cause to be delivered any Securities held for a Portfolio Series in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. 4.6.3 Deliver or cause to be delivered any Securities held for a Portfolio Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate (bookkeeping) account for each Series such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. 4.6.4 Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in said Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. 4.6.5 Deliver Securities owned by any Series upon sale of such Securities for the account of a Portfolio such Series pursuant to Section 75;
6. 4.6.6 Deliver Securities owned by any Series upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby such Series;
7. 4.6.7 Deliver Securities of a Portfolio owned by any Series to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;Bank.
8. 4.6.8 Deliver Securities for delivery owned by any Series in connection with any loans of securities Securities made by a Portfolio such Series but only against receipt of adequate collateral as agreed upon from time to time by the Custodian Bank and the Fund which may be in any form permitted under the form of cash 1940 Act or obligations any interpretations thereof issued by the United States Government, Securities and Exchange Commission or its agencies or instrumentalitiesstaff;
9. 4.6.9 Deliver Securities owned by any Series for delivery as security in connection with any borrowings by a Portfolio such Series requiring a pledge of Portfolio Series assets, but only against receipt of the amounts amount borrowed;
10. 4.6.10 Deliver Securities owned by any Series upon receipt of instructions from such Series for delivery to the Transfer Agent or its designee or to the holders of Shares of such Series in connection with distributions in kind, as may be described from time to time in the Series' Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;; and
11. 4.6.11 Deliver Securities owned by any Series for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Trustees signed by an Authorized Person and certified by the Secretary or Assistant Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose Purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 3 contracts
Samples: Custody Agreement (Bb&t Mutual Funds Group), Custody Agreement (Bb&t Funds /), Custody Agreement (Variable Insurance Funds)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Trust or a Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio Fund certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio Fund and take such other steps as shall be stated in Written written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the a Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio Fund pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a PortfolioFund;
7. Deliver Securities of a Portfolio Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio Fund, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund Trust, which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund Trust certified by the Secretary of the FundTrust, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 3 contracts
Samples: Custody Agreement (Smead Funds Trust), Custody Agreement (Forum Funds), Custody Agreement (JOHCM Funds Trust)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Written Instruction and not otherwise, except for subparagraphs 5, 6, 7 and 8 of this section 4(g) which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio the Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization capitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio the Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each the Fund such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio the Fund and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio the Fund pursuant to Section 75;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby the Fund;
7. Deliver Securities of a Portfolio owned by the Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds which are owned by the Fund and held by the Custodian or Sub-Custodianits nominee. Nor shall the Custodian have any responsibility or liability to the Fund for any loss by the Fund for any missed payment or other default resulting therefrom; unless the Custodian received timely notification from the Fund specifying the time, as place and manner for the case presentment of any such put bond owned by the Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Fund for the accuracy or completeness of any notification the Custodian may befurnish to the Fund with respect to put bonds;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio the Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Governmentgovernment, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio the Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
10. Deliver Securities upon receipt of Written Instructions from the Fund for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities as collateral in connection with short sales by the Fund of common stock for which the Fund owns the stock or owns preferred stocks or debt securities convertible or exchangeable, without payment or further consideration, into shares of the common stock sold short;
12. Deliver Securities for any purpose expressly permitted by and in accordance with procedures described in the Fund's Prospectus; and
13. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Trustees signed by an Authorized Person and certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 2 contracts
Samples: Custody Agreement (Dreyfus High Yield Strategies Fund), Custody Agreement (Dreyfus Laurel Funds Trust)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Trust or a Fund as owner of any Securities may be exercised; provided that the Custodian will have no responsibility to provide the Trust with a voting service in respect of upcoming shareholder and noteholder meetings in relation to Securities owned by the Trust or a Fund;
2. Deliver or cause to be delivered any Securities held for a Portfolio Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account Separate Account for each such Portfolio Fund certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets Assets specifically allocated to the separate account Separate Account of a Portfolio Fund and take such other steps as shall be stated in Written written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the a Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio Fund pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a PortfolioFund;
7. Deliver Securities of a Portfolio Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio Fund, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund Trust, which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio Fund requiring a pledge of Portfolio assetsFund Assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund Trust certified by the Secretary of the FundTrust, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 2 contracts
Samples: Custody Agreement (MidBridge Private Markets Fund), Custody Agreement (Northern Lights Fund Trust Iii)
Delivery of Securities and Evidence of Authority. Upon receipt of an InstructionWritten Instructions and not otherwise, except for Subparagraphs 5, 6, 7, and 8 which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
(1. Execute ) execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
(2. Deliver ) deliver or cause to be delivered any Securities held for a Portfolio the Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation consolidation, or recapitalization of any corporation, or the exercise of any conversion privilege;
(3. Deliver ) deliver or cause to be delivered any Securities held for a Portfolio the Fund to any protective committee, reorganization committee committee, or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization consolidation, recapitalization, or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each the Fund such Portfolio certificates of deposit, interim receipts receipts, or other instruments or documents as may be issued to it to evidence such delivery;
(4. Make ) make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio the Fund and take such other steps as shall be stated in said Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation consolidation, or recapitalization of the Fund;
(5. Deliver ) deliver Securities owned by the Fund upon sale of such Securities for the account of a Portfolio the Fund pursuant to Section 75;
(6. Deliver ) deliver Securities owned by the Fund upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby the Fund;
(7. Deliver ) deliver Securities of a Portfolio owned by the Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired retired, or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Fund for monitoring or ascertaining of any call, redemption, or retirement date with respect to put bonds which are owned by the Fund and held by the Custodian or Sub-Custodianits nominee. Nor shall the Custodian have any responsibility or liability to the Fund for any loss by the Fund for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Fund specifying the time, as place, and manner for the case presentment of such put bond owned by the Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assume no liability to the Fund for the accuracy or completeness of any notification the Custodian may befurnish to the Fund with respect to put bonds;
8. Deliver (8) deliver Securities owned by the Fund for delivery in connection with any loans of securities made by a Portfolio the Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in any form permitted under the form of cash 1940 Act or obligations any interpretations thereof issued by the United States Government, Securities and Exchange Commission or its agencies or instrumentalitiesstaff;
(9. Deliver ) deliver Securities owned by the Fund for delivery as security in connection with any borrowings by a Portfolio the Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
(10. Deliver ) deliver Securities owned by the Fund upon receipt of instructions from the Fund for delivery to the Transfer Agent or its designee or to the holders of Shares of the Fund in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;; and
(11. Deliver ) deliver Securities owned by the Fund for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Directors signed by an Authorized Person and certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 2 contracts
Samples: Custodian Agreement (Integrity Small Cap Fund of Funds Inc), Custodian Agreement (Integrity Small Cap Fund of Funds Inc)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Written Instruction and not otherwise, except for subparagraphs 5, 6, 7, and 8 of this section 4(g) which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio the Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio the Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each the Fund such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio the Fund and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio the Fund pursuant to Section 75;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby the Fund;
7. Deliver Securities of a Portfolio owned by the Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds which are owned by the Fund and held by the Custodian or Sub-Custodianits nominee. Nor shall the Custodian have any responsibility or liability to the Fund for any loss by the Fund for any missed payment or other default resulting therefrom; unless the Custodian received timely notification from the Fund specifying the time, as place and manner for the case presentment of any such put bond owned by the Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Fund for the accuracy or completeness of any notification the Custodian may befurnish to the Fund with respect to put bonds;
8. Deliver Securities for delivery in connection with any loans of securities Securities made by a Portfolio the Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies U.S. government securities or instrumentalitiesa letter of credit;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio the Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
10. Deliver Securities upon receipt of Written Instructions from the Fund for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities as collateral in connection with short sales by the Fund of common stock for which the Fund owns the stock or owns preferred stocks or debt securities convertible or exchangeable, without payment or further consideration, into shares of the common stock sold short;
12. Deliver Securities for any purpose expressly permitted by and in accordance with procedures described in the Fund's Prospectus; and
13. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Directors signed by an Authorized Person and certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 2 contracts
Samples: Custody Agreement (Insight Premier Funds), Custody Agreement (Tomorrow Funds Retirement Trust)
Delivery of Securities and Evidence of Authority. Upon receipt of an InstructionWritten Instructions and not otherwise, except for Subparagraphs 5, 6, 7, and 8 which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
(1. Execute ) execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
(2. Deliver ) deliver or cause to be delivered any Securities held for a Portfolio the Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation consolidation, or recapitalization of any corporation, or the exercise of any conversion privilege;
(3. Deliver ) deliver or cause to be delivered any Securities held for a Portfolio the Fund to any protective committee, reorganization committee committee, or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization consolidation, recapitalization, or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each the Fund such Portfolio certificates of deposit, interim receipts receipts, or other instruments or documents as may be issued to it to evidence such delivery;
(4. Make ) make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio the Fund and take such other steps as shall be stated in said Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation consolidation, or recapitalization of the Fund;
(5. Deliver ) deliver Securities owned by the Fund upon sale of such Securities for the account of a Portfolio the Fund pursuant to Section 75;
(6. Deliver ) deliver Securities owned by the Fund upon the receipt of payment in connection with any repurchase agreement related to such Securities securities entered into on behalf of a Portfolioby the Fund;
(7. Deliver ) deliver Securities of a Portfolio owned by the Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired retired, or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Fund for monitoring or ascertaining of any call, redemption, or retirement date with respect to put bonds which are owned by the Fund and held by the Custodian or Sub-Custodianits nominee. Nor shall the Custodian have any responsibility or liability to the Fund for any loss by the Fund for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Fund specifying the time, as place, and manner for the case presentment of such put bond owned by the Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Fund for the accuracy or completeness of any notification the Custodian may befurnish to the Fund with respect to put bonds;
8. Deliver (8) deliver Securities owned by the Fund for delivery in connection with any loans of securities made by a Portfolio the Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in any form permitted under the form of cash 1940 Act or obligations any interpretations thereof issued by the United States Government, Securities and Exchange Commission or its agencies or instrumentalitiesstaff;
(9. Deliver ) deliver Securities owned by the Fund for delivery as security in connection with any borrowings by a Portfolio the Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
(10. Deliver ) deliver Securities owned by the Fund upon receipt of instructions from the Fund for delivery to the Transfer Agent or its designee or to the holders of Shares of the Fund in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;; and
(11. Deliver ) deliver Securities owned by the Fund for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Directors signed by an Authorized Person and certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 2 contracts
Samples: Custodian Agreement (Integrity Fund of Funds Inc), Custodian Agreement (Montana Tax Free Fund Inc)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio the Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio the Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio Fund certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio the Fund and take such other steps as shall be stated in Written written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio the Fund pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfoliothe Fund;
7. Deliver Securities of a Portfolio the Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio the Fund, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund Fund, which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio the Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 2 contracts
Samples: Custody Agreement (AB CarVal Credit Opportunities Fund), Custody Agreement (AB CarVal Opportunistic Credit Fund)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio the Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio the Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio the Fund and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio the Fund pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfoliothe Fund;
7. Deliver Securities of a Portfolio the Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio the Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio the Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
10. Deliver Securities Units to the Transfer Agent or its designee or to the holders of Shares Units in connection with distributions in kind, in satisfaction of requests by holders of Shares Units for repurchase or redemption;
11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 2 contracts
Samples: Custody Agreement (NT Equity Long/Short Strategies Fund), Custody Agreement (NT Alpha Strategies Fund)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona ------------------------------------------------ Written Instruction and not otherwise, except for subparagraphs 5, 6, 7, and 8 of this section 2(g) which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a Securities Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the a Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Custody Agreement in the separate account for each the Fund such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio Fund and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio Fund pursuant to Section 73;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of by a PortfolioFund;
7. Deliver Securities of owned by a Portfolio Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds which are owned by the Fund and held by the Custodian or Sub-Custodianits nominee. Nor shall the Custodian have any responsibility or liability to the Fund for any loss by the Fund for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Fund specifying the time, as place and manner for the case presentment of any such put bond owned by the Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Fund for the accuracy or completeness of any notification the Custodian may befurnish to the Fund with respect to put bonds;
8. Deliver Securities for delivery in connection with any loans of securities Securities made by a Portfolio Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies U.S. government securities or instrumentalitiesa letter of credit;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
10. Deliver Securities upon receipt of Written Instructions from a Fund for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities as collateral in connection with short sales by a Fund of common stock for which the Fund owns the stock or owns preferred stocks or debt securities convertible or exchangeable, without payment or further consideration, into shares of the common stock sold short;
12. Deliver Securities for any purpose expressly permitted by and in accordance with procedures described in a Fund's Prospectus; and
13. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Trustees signed by an Authorized Person and certified by the Secretary of the a Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made. Notwithstanding anything in this Agreement to the contrary, the Custodian shall not be liable for the acts or omissions of any agent appointed under paragraph (f) of Section 9 pursuant to Oral or Written Instructions including, buy not limited to, any broker-dealer or other entity designated by the Fund or its investment advisor to hold any Securities or other property of the Fund as collateral or otherwise pursuant to any investment strategy.
Appears in 2 contracts
Samples: Delegation, Custody and Information Services Agreement (Composite Bond & Stock Fund Inc), Delegation, Custody and Information Services Agreement (Sierra Asset Management Portfolios)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolio;
7. Deliver Securities of a Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 2 contracts
Samples: Custody Agreement (Advisors Inner Circle Fund II), Custody Agreement (Advisors Inner Circle Fund II)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Trust or a Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio Fund certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio Fund and take such other steps as shall be stated in Written written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the a Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio Fund pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a PortfolioFund;
7. Deliver Securities of a Portfolio Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio Fund, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalitiesTrust;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution of the Board of Trustees or other authorization of the Fund Trust certified by the Secretary of the FundTrust, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 2 contracts
Samples: Custody Agreement (JOHCM Funds Trust), Custody Agreement (JOHCM Funds Trust)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolio;
7. Deliver Securities of a Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
12. For the avoidance of doubt, the Custodian is hereby authorized to settle any transaction in accordance with any manner for settlement set forth in an Instruction. In the absence of any specified manner for transaction settlement in an Instruction, the Custodian shall settle any transaction in accordance with accepted market practice in the relevant settlement market. In the case of a failure of a Portfolio’s counterparty (or other appropriate party) to deliver the expected consideration as agreed, the Custodian will contact the counterparty to seek settlement at the direction of the Portfolio and will promptly notify the Portfolio of such failure.
Appears in 2 contracts
Samples: Custody Agreement (Northern Institutional Funds), Custody Agreement (Northern Funds)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Written Instruction and not otherwise, except for subparagraphs 5, 6, 7, and 8 of this section 2(g) which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a Securities Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and promptly deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the applicable Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio the applicable Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio the applicable Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Custody Agreement in the separate account for each the Fund such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio the applicable Fund and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio the applicable Fund pursuant to Section 73;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby the applicable Fund;
7. Deliver Securities of a Portfolio owned by the applicable Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds which are owned by the Fund and held by the Custodian or Sub-Custodianits nominee. Nor shall the Custodian have any responsibility or liability to the Fund for any loss by the Fund for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Fund specifying the time, as place and manner for the case presentment of any such put bond owned by the Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Fund for the accuracy or completeness of any notification the Custodian may befurnish to the Fund with respect to put bonds;
8. Deliver Securities for delivery in connection with any loans of securities Securities made by a Portfolio the Funds but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund Funds which may be in the form of cash or obligations issued by the United States Government, its agencies U.S. government securities or instrumentalitiesa letter of credit;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio the Funds requiring a pledge of Portfolio the applicable Fund's assets, but only against receipt of the amounts borrowed;
10. Deliver Securities upon receipt of Written Instructions from a Fund for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities as collateral in connection with short sales by a Fund of common stock for which the Fund owns the stock or owns preferred stocks or debt securities convertible or exchangeable, without payment or further consideration, into shares of the common stock sold short;
12. Deliver Securities for any purpose expressly permitted by and in accordance with procedures described in the Trust's Prospectus; and
13. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board signed by an Authorized Person and certified by the Secretary of the FundFunds, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made. Notwithstanding anything in this Agreement to the contrary, the Custodian shall not be liable for the acts or omissions of any agent appointed under paragraph (f) of Section 9 pursuant to Oral or Written Instructions including, but not limited to, any broker-dealer or other entity designated by a Fund or its investment advisor to hold any Securities or other property of the Fund as collateral or otherwise pursuant to any investment strategy.
Appears in 2 contracts
Samples: Delegation, Custody and Information Services Agreement (PPM America Funds), Delegation, Custody and Information Services Agreement (PPM America Funds)
Delivery of Securities and Evidence of Authority. Upon receipt of an InstructionWritten Instructions and not otherwise, except for subparagraphs 5, 6, 7, and 8 which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, Written Instructions proxies, consents, authorizations, and any other instruments whereby the authority of the Fund Trust as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio the Trust in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio the Trust to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each the Trust such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio Trust and take such other steps as shall be stated in Written Instructions said Certificate to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the FundTrust;
5. Deliver Securities owned by the Trust upon sale of such Securities for the account of a Portfolio the Trust pursuant to Section 75;
6. Deliver Securities owned by the Trust upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby the Trust;
7. Deliver Securities of a Portfolio owned by the Trust to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian; Notwithstanding the foregoing, the Custodian shall have no responsibility to the Trust for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds which are owned by the Trust and held by the Custodian or Sub-Custodianits nominee. Nor shall the Custodian have any responsibility or liability to the Trust for any loss by the Trust for any missed payment or other default resulting therefrom; unless the Custodian received timely notification from the Trust specifying the time, as place and manner for the case presentment of any such put bond owned by the Trust and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Trust for the accuracy or completeness of any notification the Custodian may befurnish to the Trust with respect to put bonds;
8. Deliver Securities owned by the Trust for delivery in connection with any loans of securities made by a Portfolio the Trust but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund Trust which may be in the form of cash or obligations issued by the United States Governmentgovernment, its agencies or instrumentalities;
9. Deliver Securities owned by the Trust for delivery as security in connection with any borrowings by a Portfolio the Trust requiring a pledge of Portfolio Trust assets, but only against receipt of the amounts borrowed;
10. Deliver Securities owned by the Trust upon receipt of instructions from the Trust for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Trust's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;; and
11. Deliver Securities owned by any Portfolio for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Trustees signed by an Authorized Person and certified by the Secretary of the FundTrust, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 2 contracts
Samples: Custody Agreement (Weiss Peck & Greer International Fund), Custody Agreement (WPG Growth & Income Fund)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:;
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio to any protective committee, reorganization committee commirtee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolio;
7. Deliver Securities of a Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Certificate, the Custodian, directly or through the use of the Book-Book Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such InstructionsCertificate, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio the Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio the Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each the Fund such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio the Fund and take such other steps as shall be stated in Written Instructions a Certificate to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby the Fund;
76. Deliver Securities of a Portfolio owned by the Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired called or otherwise become payable; provided. Notwithstanding the foregoing, howeverthe Custodian shall have no responsibility for monitoring or ascertaining any call, that in any such case redemption or retirement dates with respect to put bonds which are owned by the cash or other consideration is to be delivered to Fund and held by the Custodian or Sub-Custodianits nominees. Nor shall the Custodian have any responsibility or liability to the Fund for any loss by the Fund for any missed payments or other defaults resulting therefrom; unless the Custodian received timely notification from the Fund specifying the time, as place and manner for the case presentment of any such put bond owned by the Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Fund for the accuracy or completeness of any notification the Custodian may be;furnish to the Fund with respect to put bonds
87. Deliver Securities for delivery in connection with any loans of securities Securities made by a Portfolio the Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies U.S. government securities or instrumentalitiesa letter of credit;
98. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio the Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
109. Deliver Securities upon receipt of a Certificate from the Fund for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
10. Deliver Securities as collateral in connection with short sales by the Fund of common stock for which the Fund owns the stock or owns preferred stocks or debt securities convertible or exchangeable, without payment or further consideration, into shares of the common stock sold short;
11. Deliver Securities for any purpose expressly permitted by and in accordance with procedures described in the Fund's Prospectus; and
12. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Directors signed by an Authorized Person and certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Certificate and not otherwise, except for subparagraphs 5, 6, 7 and 8 which may be effected by Oral or Written Instructions and confirmed by Certificates, the Custodian, directly or through the use of the Book-Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, Certificate proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio the Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio the Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of o. any corporation, and receive and hold under the terms of this Agreement in the separate Fund's account for each such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the Fund assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in Written Instructions said Certificate to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities owned by the Fund upon sale of such Securities for the account of a Portfolio the Fund pursuant to Section 75;
6. Deliver Securities owned by the Fund upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby the Fund;
7. Deliver Securities of a Portfolio owned by the Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to put bonds that are owned by the Fund and held by the Custodian or Sub-Custodianits nominee. Nor shall the Custodian have any responsibility or liability to the Fund for any loss to the Fund, as for any missed payments or other defaults resulting therefrom; unless the case Custodian receives timely notification from the Fund specifying the time, place and manner for the presentment of any such put bond owned by the Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Fund for the accuracy or completeness of any notification the Custodian may befurnish to the Fund with respect to put bonds;
8. Deliver Securities owned by the Fund for delivery in connection with any loans of securities made by a Portfolio the Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which that may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities owned by the Fund for delivery as security in connection with any borrowings by a Portfolio the Fund requiring a pledge of Portfolio the Fund assets, but only against receipt of the amounts borrowed;
10. Deliver Securities owned by the Fund upon receipt of Written Instructions from the Fund for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;; and
11. Deliver Securities owned by the Fund as collateral in connection with short sales of common stock for which the Fund owns the stock or owns preferred stocks or debt securities convertible or exchangeable, without payment of further consideration, into shares of the common stock sold short:
12. Deliver Securities owned by the Fund for any purpose expressly permitted by and in accordance with procedures described in the Fund's Prospectus; and
13. Deliver Securities owned by the Fund for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Directors signed by an Authorized Person and certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an InstructionWritten Instructions, the Custodian, directly or through the use of the Book-Entry System or a Depository, Bank shall, or shall instruct the relevant Sub-Custodian to:
1. 4.6.1 Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizationsauthorization, and any other instruments whereby the authority of the Fund Trust as owner of any Securities may be exercised;
2. 4.6.2 Deliver or cause to be delivered any Securities held for a Portfolio Series in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, stock split, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. 4.6.3 Deliver or cause to be delivered any Securities held for a Portfolio Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate (bookkeeping) account for each Series such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. 4.6.4 Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated states in said Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the FundTrust;
5. 4.6.5 Deliver Securities owned by any Series upon sale of such Securities for the account of a Portfolio such Series pursuant to Section 75;
6. 4.6.6 Deliver Securities owned by any Series upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby such Series;
7. 4.6.7 Deliver Securities of a Portfolio owned by any Series to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;Bank.
8. 4.6.8 Deliver Securities for delivery in connection with owned by any loans of securities made by a Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities Series for delivery as security in connection with any borrowings by a Portfolio such Series requiring a pledge of Portfolio Series assets, but only against receipt of the amounts amount borrowed;
10. 4.6.9 Deliver Securities owned by any Series upon receipt of instructions from such Series for delivery to the Transfer Agent or its designee or to the holders of Shares of such Series in connection with distributions in kind, as may be described from time-to-time in the Series' Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;; and
11. 4.6.10 Deliver Securities owned by any Series for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Directors signed by an Authorized Person and certified by the Secretary or Assistant Secretary of the FundTrust, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
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Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction----------------------------------------------------- Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a Depository, Bank shall, or shall instruct the relevant Sub-Custodian to:
14.6.1. Execute and deliver or cause to be executed and ------ delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizationsauthorization, call redemption or maturity notices, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
24.6.2. Deliver or cause to be delivered any Securities held ------ for a Portfolio Series in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
34.6.3. Deliver or cause to be delivered any Securities held ------ for a Portfolio Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate (bookkeeping) account for each Series such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
44.6.4. Make or cause to be made such transfers or exchanges of ------ the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in said Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
54.6.5. Deliver Securities owned by any Series upon sale of ------ such Securities for the account of a Portfolio such Series pursuant to Section 75;
64.6.6. Deliver Securities owned by any Series upon the receipt ------ of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby such Series;
74.6.7. Deliver Securities of a Portfolio owned by any Series to the issuer ------ thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;Bank.
84.6.8. Deliver Securities for delivery owned by any Series in connection ---------- with any loans of securities Securities made by a Portfolio such Series but only against receipt of adequate collateral as agreed upon from time to time timetotime by the Custodian Bank and the Fund which may be in any form permitted under the form of cash 1940 Act or obligations any interpretations thereof issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent and Exchange Commission or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be madestaff; 4.
Appears in 1 contract
Samples: Mutual Fund Custody Agreement (North Track Funds Inc)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Written Instruction and not otherwise, except for subparagraphs 5, 6, 7, and 8 of this section 2(G) which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a Securities Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the a Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Custody Agreement in the separate account for each the Fund such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio Fund and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio Fund pursuant to Section 73;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of by a PortfolioFund;
7. Deliver Securities of owned by a Portfolio Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds which are owned by the Fund and held by the Custodian or Sub-Custodianits nominee. Nor shall the Custodian have any responsibility or liability to the Fund for any loss by the Fund for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Fund specifying the time, as place and manner for the case presentment of any such put bond owned by the Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Fund for the accuracy or completeness of any notification the Custodian may befurnish to the Fund with respect to put bonds;
8. Deliver Securities for delivery in connection with any loans of securities Securities made by a Portfolio Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies U.S. government securities or instrumentalitiesa letter of credit;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
10. Deliver Securities upon receipt of Written Instructions from a Fund for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities as collateral in connection with short sales by a Fund of common stock for which the Fund owns the stock or owns preferred stocks or debt securities convertible or exchangeable, without payment or further consideration, into shares of the common stock sold short;
12. Deliver Securities for any purpose expressly permitted by and in accordance with procedures described in a Fund's Prospectus; and
13. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Trustees signed by an Authorized Person and certified by the Secretary of the a Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made. Notwithstanding anything in this Agreement to the contrary, the Custodian shall not be liable for the acts or omissions of any agent appointed under paragraph (f) of Section 9 pursuant to Oral or Written Instructions including, but not limited to, any broker-dealer or other entity designated by the Fund or its investment advisor to hold any Securities or other property of the Fund as collateral or otherwise pursuant to any investment strategy.
Appears in 1 contract
Samples: Delegation, Custody and Information Services Agreement (Wm Strategic Asset Management Portfolios)
Delivery of Securities and Evidence of Authority. Upon receipt of an InstructionWritten Instructions, the Custodian, directly or through the use of the Book-Entry System or a Depository, Bank shall, or shall instruct the relevant Sub-Custodian to:
1. 4.6.1 Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizationsauthorization, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. 4.6.2 Deliver or cause to be delivered any Securities held for a Portfolio Series in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. 4.6.3 Deliver or cause to be delivered any Securities held for a Portfolio Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate (bookkeeping) account for each Series such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. 4.6.4 Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in said Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. 4.6.5 Deliver Securities owned by any Series upon sale of such Securities for the account of a Portfolio such Series pursuant to Section 75;
6. 4.6.6 Deliver Securities owned by any Series upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby such Series;
7. 4.6.7 Deliver Securities of a Portfolio owned by any Series to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;Bank.
8. 4.6.8 Deliver Securities for delivery owned by any Series in connection with any loans of securities Securities made by a Portfolio such Series but only against receipt of adequate collateral as agreed upon from time to time by the Custodian Bank and the Fund which may be in any form permitted under the form of cash 1940 Act or obligations any interpretations thereof issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent and Exchange Commission or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemptionstaff;
11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
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Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, } consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolio;
7. Deliver Securities of a Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Samples: Custody Agreement (Total Return U S Treasury Fund Inc)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund Trust as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the FundTrust;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolio;
7. Deliver Securities of a Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund Trust which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund Trust certified by the Secretary of the FundTrust, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
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Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Certificate and not otherwise, except for subparagraphs 5, 6, 7, and 8 which may be effected by Oral or Written Instructions and confirmed by Certificates, the Custodian, directly or through the use of the Book-Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, Certificate proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;,
3. Deliver or cause to be delivered any Securities held for a Portfolio to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each Portfolio such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in Written Instructions said Certificate to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities owned by any Portfolio upon sale of such Securities for the account of a such Portfolio pursuant to Section 75;
6. Deliver Securities owned by any Portfolio upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a by such Portfolio;
7. Deliver Securities of a owned by any Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities owned by any Portfolio for delivery in connection with any loans of securities made by a such Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Governmentgovernment, its agencies or instrumentalities;
9. Deliver Securities owned by any Portfolio for delivery as security in connection with any borrowings by a such Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10. Deliver Securities owned by any Portfolio upon receipt of Written Instructions from such Portfolio for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities owned by any Portfolio as collateral in connection with short sales by that Portfolio of common stock for which such Portfolio owns the stock or owns preferred stocks or debt securities convertible or exchangeable, without payment of further consideration, into shares of the common stock sold short;
12. Deliver Securities owned by any Portfolio for any purpose expressly permitted by and in accordance with procedures described in the Fund's Prospectus; and
13. Deliver Securities owned by any Portfolio for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Directors signed by an Authorized Person and certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
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Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Written Instruction and not otherwise, except for subparagraphs 5, 6, 7, and 8 of this section 4(g) which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio the Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio the Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each the Fund such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio the Fund and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio the Fund pursuant to Section 75;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby the Fund;
7. Deliver Securities of a Portfolio owned by the Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds which are owned by the Fund and held by the Custodian or Sub-Custodianits nominee. Nor shall the Custodian have any responsibility or liability to the Fund for any loss by the Fund for any missed payment or other default resulting therefrom; unless the Custodian received timely notification from t he Fund specifying the time, as place and manner for the case presentment of any such put bond owned by the Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Fund for the accuracy or completeness of any notification the Custodian may befurnish to the Fund with respect to put bonds;
8. Deliver Securities for delivery in connection with any loans of securities Securities made by a Portfolio the Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies U.S. government securities or instrumentalitiesa letter of credit;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio the Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
10. Deliver Securities upon receipt of Written Instructions from the Fund for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities as collateral in connection with short sales by the Fund of common stock for which the Fund owns the stock or owns preferred stocks or debt securities convertible or exchangeable, without payment or further consideration, into shares of the common stock sold short;
12. Deliver Securities for any purpose expressly permitted by and in accordance with procedures described in the Fund's Prospectus; and
13. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Directors signed by an Authorized Person and certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Samples: Custody Agreement (Access Capital Strategies Community Investment Fund Inc)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in Written written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio pursuant to Section 7;
; 6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolio;
7. Deliver Securities of a Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an InstructionWritten Instructions and not otherwise, except for subparagraphs (v) - (xii) below which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. (i) Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, Written Instructions proxies, consents, authorizations, authorizations and any other instruments whereby the authority of the Fund Company as owner of any Securities may be exercised;
2. (ii) Deliver or cause to be delivered any Securities held for a Portfolio Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. (iii) Deliver or cause to be delivered any Securities held for a Portfolio Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each Fund such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. (iv) Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio each Fund and take such other steps as shall be stated in said Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of any Fund or the FundCompany;
5. (v) Deliver Securities owned by any Fund upon sale of such Securities for the account of a Portfolio such Fund pursuant to Section 75;
6. (vi) Deliver Securities owned by any Fund upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby such Fund;
7. (vii) Deliver Securities of a Portfolio owned by any Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Company or a Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to any put bonds which are owned by a Fund and held by the Custodian or Subits nominee, nor shall the Custodian have any responsibility or liability to the Company or a Fund for any loss by a Fund for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Company or the Fund specifying the time, place and manner for the presentment of any such put bond owned by the Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Company or any Fund for the accuracy or completeness of any notification the Custodian may furnish to the Company or any Fund with respect to put bonds;
(viii) Deliver Securities owned by any Fund 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 10(f) or into the name or nominee name of any sub-custodian appointed pursuant to Section 10(e); or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided, however, that in any such case, the new Securities are to be delivered to the Custodian;
(ix) Deliver Securities owned by the Fund to the broker for examination in accordance with "street delivery" custom;
(x) Deliver Securities owned by the Fund in accordance with the provisions of any agreement among the Fund, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 (the "Exchange Act") and a member of the National Association of Securities Dealers, Inc. (the "NASD"), 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;
(xi) Deliver Securities owned by the Fund in accordance with the provisions of any agreement among the Fund, the Custodian, as and a futures commission merchant registered under the case may beCommodity Exchange Act, relating to compliance with the rules of the Commodity Futures Trading Commission and/or any Contract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund;
8. (xii) Deliver Securities owned by any Fund for delivery in connection with any loans of securities Securities made by a Portfolio Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund Company which may be in the form of cash or obligations issued by the United States Governmentgovernment, its agencies or instrumentalities;
9. (xiii) Deliver Securities owned by any Fund for delivery as security in connection with any borrowings by a Portfolio such Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
10. (xiv) Deliver Securities owned by any Fund upon receipt of instructions from the Fund for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;; and
11. (xv) Deliver Securities owned by any Fund for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Directors signed by an Authorized Person and certified by the Secretary of the Fund, Company specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an InstructionWritten Instructions, the Custodian, directly or through the use of the Book-Entry System or a Depository, Bank shall, or shall instruct the relevant Sub-Custodian to:
1. 4.6.1 Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizationsauthorization, and any other instruments whereby the authority of the Fund Trust as owner of any Securities may be exercised;
2. 4.6.2 Deliver or cause to be delivered any Securities held for a Portfolio Series in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. 4.6.3 Deliver or cause to be delivered any Securities held for a Portfolio Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate (bookkeeping) account for each Series such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. 4.6.4 Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in said Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the FundTrust;
5. 4.6.5 Deliver Securities owned by any Series upon sale of such Securities for the account of a Portfolio such Series pursuant to Section 75;
6. 4.6.6 Deliver Securities owned by any Series upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby such Series;
7. 4.6.7 Deliver Securities of a Portfolio owned by any Series to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;Bank.
8. 4.6.8 Deliver Securities for delivery owned by any Series in connection with any loans of securities Securities made by a Portfolio such Series but only against receipt of adequate collateral as agreed upon from time to time-to-time by the Custodian Bank and the Fund Trust which may be in any form permitted under the form of cash 1940 Act or obligations any interpretations thereof issued by the United States Government, Securities and Exchange Commission or its agencies or instrumentalitiesstaff;
9. 4.6.9 Deliver Securities owned by any Series for delivery as security in connection with any borrowings by a Portfolio such Series requiring a pledge of Portfolio Series assets, but only against receipt of the amounts amount borrowed;
10. 4.6.10 Deliver Securities owned by any Series upon receipt of instructions from such Series for delivery to the Transfer Agent or its designee or to the holders of Shares of such Series in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;,
11. 4.6.11 Deliver Securities owned by any Series for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Trustees signed by an Authorized Person and certified by the Secretary or Assistant Secretary of the FundTrust, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Samples: Mutual Fund Custody Agreement (Bishop Street Funds)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Trust or a Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio Fund certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio Fund and take such other steps as shall be stated in Written written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the a Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio Fund pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a PortfolioFund;
7. Deliver Securities of a Portfolio Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio Fund, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund Trust, which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalitiesinstrumentalities or other acceptable collateral as agreed upon;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund Trust certified by the Secretary of the FundTrust, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
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Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Written Instruction and not otherwise, except for subparagraphs 5, 6, 7, and 8 which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a Depository, the Depository shall, or shall instruct the relevant Sub-Custodian to:;
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, authorizations and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio the Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio the Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio certificates of deposit, interim receipts or other instruments or documents as may my be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio the Fund and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, merger consolidation or recapitalization of the Fund;
5. Deliver Securities upon the sale of such Securities for the account of a Portfolio the Fund pursuant to Section 75;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby the Fund;
7. Deliver Securities of a Portfolio owned by the Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds which are owned by the Fund and held by the Custodian or Sub-Custodianits nominee. Nor shall the Custodian have any responsibility or liability to the Fund for any loss by the Fund for any missed payment of other default resulting therefrom; unless the Custodian received timely notification from the Fund specifying the time, as place and manner for the case presentment of any such put bond owned by the Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Fund for the accuracy or completeness of any notification the Custodian may befurnish to the Fund with respect to put bonds;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio the Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Governmentgovernment, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio the Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
10. Deliver Securities upon receipt of Written Instructions from the Fund for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities as collateral in connection with short sales by the Fund of common stocks for which the Fund owns the stock or owns preferred stocks or debt securities convertible or exchangeable, without payment or further consideration, into shares of the common stock sold short;
12. Deliver Securities for any purpose expressly permitted by and in accordance with procedures described in the Fund's Prospectus; and
13. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Directors signed by an Authorized Person and certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an InstructionWritten Instructions and not otherwise, except for subparagraphs 5, 6, 7, and 8 which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, Written Instructions proxies, consents, authorizations, and any other instruments whereby the authority of the Fund Trust as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio the Trust in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio the Trust to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each the Trust such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio Trust and take such other steps as shall be stated in Written Instructions said Certificate to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the FundTrust;
5. Deliver Securities owned by the Trust upon sale of such Securities for the account of a Portfolio the Trust pursuant to Section 75;
6. Deliver Securities owned by the Trust upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby the Trust;
7. Deliver Securities of a Portfolio owned by the Trust to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian; Notwithstanding the foregoing, the Custodian shall have no responsibility to the Trust for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds which are owned by the Trust and held by the Custodian or Sub-Custodianits nominee. Nor shall the Custodian have any responsibility or liability to the Trust for any loss by the Trust for any missed payment or other default resulting therefrom; unless the Custodian received timely notification from the Trust specifying the time, as place and manner for the case presentment of any such put bond owned by the Trust and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Trust for the accuracy or completeness of any notification the Custodian may befurnish to the Trust with respect to put bonds;
8. Deliver Securities owned by the Trust for delivery in connection with any loans of securities made by a Portfolio the Trust but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund Trust which may :nay be in the form of cash or obligations issued by the United States Governmentgovernment, its agencies or instrumentalities;
9. Deliver Securities owned by the Trust for delivery as security in connection with any borrowings by a Portfolio the Trust requiring a pledge of Portfolio Trust assets, but only against receipt of the amounts borrowed;
10. Deliver Securities owned by the Trust upon receipt of instructions from the Trust for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Trust's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;; and
11. Deliver Securities owned by any Portfolio for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Trustees signed by an Authorized Person and certified by the Secretary of the FundTrust, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Samples: Custody Agreement (WPG Growth Fund)
Delivery of Securities and Evidence of Authority. Upon receipt of an InstructionWritten Instructions, or Oral Instructions confirmed by Written instructions, the Custodian, directly or through the use of the Book-Entry System or a Depository, Bank shall, or shall instruct the relevant Sub-Custodian to:
1. 4.6.1 Execute and deliver or cause to be executed and delivered delivered, to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. 4.6.2 Deliver or cause to be delivered any Securities held for a Portfolio in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. 4.6.3 Deliver or cause to be delivered any Securities held for a Portfolio to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. 4.6.4 Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in said Written Instructions, or Oral Instructions confirmed by Written Instructions, to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the FundFund or a Portfolio;
5. 4.6.5 Deliver Securities owned by any Portfolio upon sale of such Securities for the account of a such Portfolio pursuant to Section 75;
6. 4.6.6 Deliver Securities owned by any Portfolio upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a by such Portfolio;
7. 4.6.7 Deliver Securities of a owned by any Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may beBank;
8. 4.6.8 Deliver Securities owned by any Portfolio upon receipt of instructions from such Portfolio for delivery in connection with any loans of securities made by a Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares of such Portfolio in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;; and
11. 4.6.9 Deliver Securities owned by any Portfolio for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Trustees signed by an Authorized Person and certified by the Secretary or Assistant Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an InstructionWritten Instructions and not otherwise, except for subparagraphs 5, 6, and 7 of this Section 4(g) which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the a Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio the Fund certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio Fund and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating effecting any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities owned by a Fund upon sale of such Securities for the account of a Portfolio the Fund pursuant to Section 75;
6. Deliver Securities owned by a Fund upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby the Fund;
7. Deliver Securities of owned by a Portfolio Fund to the issuer thereof thereof, or its agent when such Securities are calledagent, redeemedfor transfer into the name of the Fund or into the name of any nominee or nominees of the Custodian into the name or nominee name of any sub-custodian appointed pursuant to Section 11(f); or for exchange for a different number of bonds, retired certificates or otherwise become payableother evidence representing the same aggregate face amount or amber of units; provided, however, that in any such case case, the cash or other consideration is new Securities are to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities owned by a Fund to the broker for examination in accordance with "street delivery" custom;
9. Deliver Securities owned by a Fund in accordance with the provisions of any agreement among the Fund, the Custodian and any broker-dealer or any similar organization or organizations relating to compliance with the rules of any options clearing entity or securities or commodities exchange, regarding escrow or other arrangements in connection with transactions by the Fund;
10. Deliver Securities owned by a Fund in accordance with the provisions of any agreement among the Fund, the Custodian, and a futures commission merchant registered under the Commodity Exchange Act, relating to compliance with the rules of the Commodity Futures Trading Commission and/or any Contract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund;
11. Deliver Securities owned by a Fund for delivery in connection with any loans of securities made by a Portfolio the Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Governmentgovernment, its agencies or instrumentalities;
912. Deliver Securities owned by a Fund for delivery as security in connection with any borrowings by a Portfolio the Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
1013. Deliver Securities owned by a Fund upon receipt of Written Instructions from the Fund for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
1114. Deliver Securities as collateral in connection with short sales of securities by a Fund;
15. Deliver Securities for any purpose expressly permitted by and in accordance with procedures described in a Fund's Prospectus or resolution adopted by its Board of Trustees signed by an Authorized Person and certified by the Secretary of Mutual Fund; and
16. Deliver Securities owned by a Fund for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Trustees signed by an Authorized Person and certified by the Secretary of the Mutual Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an InstructionWritten Instructions and not otherwise, except for actions required by subparagraphs 5, 6, 7, and 8 upon Written Instructions or Oral Instructions confirmed by Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
(1. ) Execute and deliver delivery or cause to be executed and delivered to such persons as may be designated in such Instructions, Written Instruction proxies, consents, authorizations, and any other instruments whereby the authority of the Fund Client as owner of any Securities may be exercised. The Custodian shall promptly forward to the Client or its duly delegated agent any and all proxies, proxy statements and similar documents received by the Custodian which documents relate to Securities held by any Series of the Client pursuant to written operating procedures between the parties;
(2. ) Deliver or cause to be delivered any Securities held for a Portfolio series in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(3. ) Deliver or cause to be delivered any Securities held for a Portfolio Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization reorganization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each Series such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(4. ) Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio Series and take such other steps as shall be stated in said Written Instructions Instruction to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the FundClient;
(5. ) Deliver Securities owned by any Series upon sale of such Securities for the account of a Portfolio such Series pursuant to Section 75;
(6. ) Deliver Securities owned by any Series upon the receipt of payment in connection with any repurchase agreement related to such Securities securities entered into on behalf of a Portfolioby such Series;
(7. ) Deliver Securities of a Portfolio owned by any Series to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Client or the Series for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds which are owned by the Client or the Series and held by the Custodian or Sub-Custodianits nominee. Nor shall the Custodian have any responsibility or liability to the Client or any Series for any loss by the Client or the Series for any missed payment or other default resulting therefrom; unless the Custodian received timely notification from the Client specifying the time, as place and manner for the case presentment of any such put bond owned by the Client or the Series and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Client or the Series for the accuracy or completeness of any notification the Custodian may befurnish to the Client with respect to Put Bonds;
8. (8) Deliver Securities for delivery owned by any Series in connection with any loans of securities made by a Portfolio such Series but only against receipt of adequate collateral as agreed upon determined from time to time by the Custodian and the Fund Client which may be in the form of cash or obligations issued by or guaranteed the United States Governmentgovernment, its agencies or instrumentalities, or an irrevocable letter of credit from a bank;
(9. ) Deliver Securities for delivery owned by any Series as security in connection with any borrowings by a Portfolio such series requiring a pledge of Portfolio Series assets, but only against receipt of the amounts borrowed;
(10. ) Deliver Securities owned by any Series upon receipt of instructions from such Series to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Client's Registration Statement, in satisfaction of requests by holders of Shares for repurchase or redemption;; and
(11. ) Deliver Securities owned by any Series for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Trustees signed by an Authorized Person and certified by the Secretary of the FundClient, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an InstructionWritten Instructions and not otherwise, except for subparagraphs 5, 6, 7, and 8 which may be effected by Oral Instructions and confirmed by Written Instructions or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, Written Instruction proxies, consents, authorizations, and any other instruments whereby the authority of the Fund Trust as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each Portfolio such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in said Written Instructions Instruction to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the FundTrust;
5. Deliver Securities owned by any Portfolio upon sale of such Securities for the account of a such Portfolio pursuant to Section 75;
6. Deliver Securities owned by any Portfolio upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a by such Portfolio;
7. Deliver Securities of a owned by any Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Trust or the Portfolio for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds which are owned by the Trust or the Portfolio and held by the Custodian or Sub-Custodianits nominee. Nor shall the Custodian have any responsibility or liability to the Trust or the Portfolio for any loss by the Trust or the Portfolio for any missed payment or other default resulting therefrom; unless the Custodian received timely notification from the Trust specifying the time, as place and manner for the case presentment of any such put bond owned by the Trust or the Portfolio and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Trust or the Portfolio for the accuracy or completeness of any notification the Custodian may befurnish to the Trust with respect to put bonds;
8. Deliver Securities owned by any Portfolio for delivery in connection with any loans of securities made by a such Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund Trust which may be in the form of cash or obligations issued by the United States Governmentgovernment, its agencies or instrumentalities;
9. Deliver Securities owned by any Portfolio for delivery as security in connection with any borrowings by a such Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10. Deliver Securities owned by any Portfolio upon receipt of instructions from such Portfolio for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Trust=s Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;; and
11. Deliver Securities owned by any Portfolio for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Trustees signed by an Authorized Person and certified by the Secretary of the FundTrust, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Samples: Custody Agreement (Weiss Peck & Greer Funds Trust /Ma)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Written Instruction and not otherwise, except for subparagraphs 5, 6, 7, and 8 of this section 6(h) which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund Company as owner of any Securities securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a the Portfolio in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a the Portfolio to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such the Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a the Portfolio and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the FundCompany;
5. Deliver Securities upon sale of such Securities for the account of a the Portfolio pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a by the Portfolio;
7. Deliver Securities of a owned by the Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a the Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund Company which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a the Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities owned by the Portfolio for any purpose expressly permitted by and in accordance with procedures described in the Prospectus; and
12. Deliver Securities owned by the Portfolio for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Directors signed by an Authorized Person and certified by the Secretary of the FundCompany, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Written Instruction and not otherwise, except for subparagraphs 5, 6, 7, and 8 of this section 2(g) which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a Securities Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and promptly deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the applicable Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio the applicable Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio the applicable Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Custody Agreement in the separate account for each the Fund such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio the applicable Fund and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio the applicable Fund pursuant to Section 73;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby the applicable Fund;
7. Deliver Securities of a Portfolio owned by the applicable Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds which are owned by the Fund and held by the Custodian or Sub-Custodianits nominee. Nor shall the Custodian have any responsibility or liability to the Fund for any loss by the Fund for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Fund specifying the time, as place and manner for the case presentment of any such put bond owned by the Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Fund for the accuracy or completeness of any notification the Custodian may befurnish to the Fund with respect to put bonds;
8. Deliver Securities for delivery in connection with any loans of securities Securities made by a Portfolio the Funds but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund Funds which may be in the form of cash or obligations issued by the United States Government, its agencies U.S. government securities or instrumentalitiesa letter of credit;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio the Funds requiring a pledge of Portfolio the applicable Fund's assets, but only against receipt of the amounts borrowed;
10. Deliver Securities upon receipt of Written Instructions from a Fund for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities as collateral in connection with short sales by a Fund of common stock for which the Fund owns the stock or owns preferred stocks or debt securities convertible or exchangeable, without payment or further consideration, into shares of the common stock sold short;
12. Deliver Securities for any purpose expressly permitted by and in accordance with procedures described in the Trust's Prospectus; and
13. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board signed by an Authorized Person and certified by the Secretary of the FundFunds, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made. Notwithstanding anything in this Agreement to the contrary, the Custodian shall not be liable for the acts or omissions of any agent appointed under paragraph (f) of Section 9 pursuant to Oral or Written Instructions including, but not limited to, any broker-dealer or other entity designated by a Fund or its investment advisor to hold any Securities or other property of the Fund as collateral or otherwise pursuant to any investment strategy.
Appears in 1 contract
Samples: Delegation, Custody and Information Services Agreement (JNL Series Trust)
Delivery of Securities and Evidence of Authority. Upon receipt of an InstructionWritten Instructions, or Oral Instructions confirmed by Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a Depository, Bank shall, or shall instruct the relevant Sub-Custodian to:
1. 4.6.1 Execute and deliver or cause to be executed and delivered delivered, to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. 4.6.2 Deliver or cause to be delivered any Securities held for a Portfolio in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. 4.6.3 Deliver or cause to be delivered any Securities held for a Portfolio to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. 4.6.4 Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in said Written Instructions Instructions, to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the FundFund or a Portfolio;
5. 4.6.5 Deliver Securities owned by any Portfolio upon sale of such Securities for the account of a such Portfolio pursuant to Section 75;
6. 4.6.6 Deliver Securities owned by any Portfolio upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a by such Portfolio;
7. 4.6.7 Deliver Securities of a owned by any Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may beBank;
8. 4.6.8 Deliver Securities for delivery owned by any Portfolio in connection with any loans of securities Securities made by a such Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian Bank and the Fund Fund, which may be in any form permitted under the form of cash 1940 Act or obligations any interpretations thereof issued by the United States Government, Securities and Exchange Commission or its agencies or instrumentalitiesstaff;
9. 4.6.9 Deliver Securities owned by any Portfolio for delivery as security in connection with any borrowings by a such Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10. 4.6.10 Deliver Securities owned by any Portfolio upon receipt of instructions from such Portfolio for delivery to the Transfer Agent or its designee or to the holders of Shares of such Portfolio in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;; and
11. 4.6.11 Deliver Securities owned by any Portfolio for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Trustees signed by an Authorized Person and certified by the Secretary or Assistant Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for of which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an InstructionWritten Instructions and not otherwise, except for subparagraphs 5, 6, 7, 8, 9, 10, 11 and 12 which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, Written Instructions proxies, consents, authorizations, authorizations and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio the Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio the Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, merger consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each the Fund such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio the Fund and take such other steps as shall be stated in said Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities owned by the Fund upon sale of such Securities for the account of a Portfolio the Fund pursuant to Section 75;
6. Deliver Securities owned by the Fund upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby the Fund;
7. Deliver Securities of a Portfolio owned by the Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to any put bonds which are owned by the Fund and held by the Custodian or Sub-Custodianits nominee, as nor shall the case Custodian have any responsibility or liability to the Fund for any loss by the Fund for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Fund specifying the time, place and manner for the presentment of any such put bond owned by the Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Fund for the accuracy or completeness of any notification the Custodian may befurnish to the Fund with respect to put bonds;
8. Deliver Securities owned by the Fund 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 10(f) or into the name or nominee name of any sub-custodian appointed pursuant to Section 10(e); or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided, however, that in any such case, the new Securities are to be delivered to the Custodian;
9. Deliver Securities owned by the Fund to the broker for examination in accordance with "street delivery" custom;
10. Deliver Securities owned by the Fund in accordance with the provisions of any agreement among the Fund, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 (the "Exchange Act") and a member of the National Association of Securities Dealers, Inc. (the "NASD"), 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;
11. Deliver Securities owned by the Fund in accordance with the provisions of any agreement among the Fund, the Custodian, and a futures commission merchant registered under the Commodities Exchange Act, relating to compliance with the rules of the Commodity Futures Trading Commission and/or any Contract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund;
12. Deliver Securities owned by the Fund for delivery in connection with any loans of securities Securities made by a Portfolio the Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Governmentgovernment, its agencies or instrumentalities;
913. Deliver Securities owned by the Fund for delivery as security in connection with any borrowings by a Portfolio the, Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
1014. Deliver Securities owned by the Fund upon receipt of instructions from the Fund for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;; and
1115. Deliver Securities owned by the Fund for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Directors signed by an Authorized Person and certified by the Secretary of the Fund, Fund specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Samples: Custody Agreement (Dreyfus Strategic Municipal Bond Fund Inc)
Delivery of Securities and Evidence of Authority. Upon receipt of a Written Instruction and not otherwise, except for subparagraphs 5, 6, 7, and 8 of this section 4(g) which may be effected by either an Oral or Written Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such InstructionsWritten Instruction, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund a Portfolio as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio in exchange for other Securities or cash monies issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each a Portfolio such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in such Written Instructions to be Instruction for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the FundPortfolios;
5. Deliver Securities owned by a Portfolio upon sale of such Securities for the account of a that Portfolio pursuant to Section 75;
6. Deliver Securities owned by a Portfolio upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a by that Portfolio;
7. Deliver Securities of owned by a Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash monies or other consideration is to be delivered to the Custodian. The Custodian also shall have the responsibility to each Portfolio for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds which are owned by that Portfolio and held by the Custodian or Sub-Custodian, as the case may beits nominee;
8. Deliver Securities owned by a Portfolio to the issuer thereof, or its agent, for transfer into the name of that Portfolio or into the name of any nominee or nominees of the Custodian or into the name or nominee name of any agent or any sub-custodian appointed pursuant to Section 11(g) hereof; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided, however, that in any such case, the new Securities are to be delivered to the Custodian;
9. Deliver Securities owned by a Portfolio to the broker for examination in accordance with "street delivery" custom;
10. Deliver Securities owned by a Portfolio in accordance with the provisions of any agreement among a Portfolio, the Custodian and any broker-dealer or any similar organization or organizations relating to compliance with the rules of any options clearing entity or securities or commodities exchange, regarding escrow or other arrangements in connection with transactions by the Portfolio;
11. Deliver Securities owned by a Portfolio in accordance with the provisions of any agreement among that Portfolio, the Custodian and an individual or organization registered under the Commodity Exchange Act, relating to compliance with the rules of the Commodity Futures Trading Commission and/or any Contract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by that Portfolio;
12. Deliver Securities owned by a Portfolio for delivery in connection with any loans of securities made by a Portfolio that Portfolio, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund that Portfolio, which may be in the form of cash monies or obligations issued by the United States Governmentgovernment, its agencies or instrumentalities;
913. Deliver Securities owned by a Portfolio for delivery as security in connection with any borrowings by a that Portfolio requiring a pledge of Portfolio that Portfolio's assets, but only against receipt of the amounts borrowed;
1014. Deliver Securities owned by a Portfolio upon receipt of a Written Instruction from that Portfolio for delivery to the Transfer Agent or its designee or to the holders of Shares of that Portfolio in connection with distributions in kind, as may be described from time to time in that Portfolio's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
1115. Deliver Securities as collateral in connection with short sales of securities by a Portfolio;
16. Deliver Securities for any purpose expressly permitted by and in accordance with procedures described in a Portfolio's Prospectus or resolution adopted by the Trust's Board of Trustees signed by an Authorized Person and certified by the Secretary of the Trust; and
17. Deliver Securities owned by a Portfolio for any other proper business purpose, but only upon receipt of, in addition to written Instructionsa Written Instruction, a certified copy of a resolution or other authorization of the Fund Board of Trustees signed by an Authorized Person and certified by the Secretary of the FundTrust, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Samples: Custody Agreement (Sierra Asset Management Portfolios)
Delivery of Securities and Evidence of Authority. Upon receipt of an InstructionWritten Instructions, the Custodian, directly or through the use of the Book-Entry System or a Depository, Bank shall, or shall instruct the relevant Sub-Custodian to:
1. 4.6.1 Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizationsauthorization, and any other instruments whereby the authority of the Fund Company as owner of any Securities may be exercised;
2. 4.6.2 Deliver or cause to be delivered any Securities held for a Portfolio Series in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. 4.6.3 Deliver or cause to be delivered any Securities held for a Portfolio Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate (bookkeeping) account for each Series such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. 4.6.4 Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in said Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the FundCompany;
5. 4.6.5 Deliver Securities owned by any Series upon sale of such Securities for the account of a Portfolio such Series pursuant to Section 75;
6. 4.6.6 Deliver Securities owned by any Series upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby such Series;
7. 4.6.7 Deliver Securities of a Portfolio owned by any Series to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;Bank.
8. 4.6.8 Deliver Securities for delivery owned by any Series in connection with any loans of securities Securities made by a Portfolio such Series but only against receipt of adequate collateral as agreed upon from time to time-to-time by the Custodian Bank and the Fund Company which may be in any form permitted under the form of cash 1940 Act or obligations any interpretations thereof issued by the United States Government, Securities and Exchange Commission or its agencies or instrumentalitiesstaff;
9. 4.6.9 Deliver Securities owned by any Series for delivery as security in connection with any borrowings by a Portfolio such Series requiring a pledge of Portfolio Series assets, but only against receipt of the amounts amount borrowed;
10. 4.6.10 Deliver Securities owned by any Series upon receipt of instructions from such Series for delivery to the Transfer Agent or its designee or to the holders of Shares of such Series in connection with distributions in kind, as may be described from time-to-time in the Series' Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;; and
11. 4.6.11 Deliver Securities owned by any Series for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Directors signed by an Authorized Person and certified by the Secretary or Assistant Secretary of the FundCompany, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in Written written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio pursuant to Section 7;; NTAC:2SE-18
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolio;
7. Deliver Securities of a Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalitiesinstrumentalities or other acceptable collateral as agreed upon;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an InstructionWritten Instructions and not otherwise, except for subparagraphs 5, 6, and 7 of this section 4(g) which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the a Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio the Fund certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio Fund and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating effecting any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities owned by a Fund upon sale of such Securities for the account of the a Portfolio Fund pursuant to Section 75;
6. Deliver Securities owned by a Fund upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby the Fund;
7. Deliver Securities of owned by a Portfolio Fund to the issuer thereof 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 when such Securities are calledappointed pursuant to Section 10(f) or into the name or nominee name of any sub-custodian appointed pursuant to Section 10(e); or for exchange for a different number of bonds, redeemed, retired certificates or otherwise become payableother evidence representing the same aggregate face amount or number of units; provided, however, that in any such case case, the cash or other consideration is new Securities are to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities owned by a Fund to the broker for examination in accordance with "street delivery" custom;
9. Deliver Securities owned by a Fund in accordance with the provisions of any agreement among the Fund, the Custodian and any broker-dealer or any similar organization or organizations relating to compliance with the rules of any options clearing entity or securities or commodities exchange, regarding escrow or other arrangements in connection with transactions by the Fund;
10. Deliver Securities owned by a Fund in accordance with the provisions of any agreement among the Fund, the Custodian, and a futures commission merchant registered under the Commodity Exchange Act, relating to compliance with the rules of the Commodity futures Trading Commission and/or any Contract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund;
11. Deliver Securities owned by a Fund for delivery in connection with any loans of securities made by a Portfolio the Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Governmentgovernment, its agencies or instrumentalities;
912. Deliver Securities owned by a Fund for delivery as security in connection with any borrowings by a Portfolio the Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
1013. Deliver Securities owned by a Fund upon receipt of Written Instructions from the Fund for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with the distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
1114. Deliver Securities as collateral in connection with short sales of securities by a Fund;
15. Deliver Securities for any purpose expressly permitted by and in accordance with procedures described in a Fund's Prospectus or resolution adopted by its Board of Directors signed by an Authorized Person and certified by the Secretary of St. Clair; and
16. Deliver Securities owned by a Fund or any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Directors signed by an Authorized Person and certified by the Secretary of the FundSt. Clair, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Written instruction and not otherwise, except for subparagraphs 5, 6, 7, and 8 of this section 6(h) which may be effected by Oral or Written instructions, the Custodian, directly or through the use of the Book-Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund Company as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the FundCompany;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of by a Portfolio;
7. Deliver Securities of owned by a Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund Company which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities owned by any Portfolio as collateral in connection with short sales by such Portfolio of common stock for which such Portfolio owns the stock or owns preferred stocks or debt securities convertible or exchangeable, without payment of further consideration, into shares of the common stock sold short;
12. Deliver Securities owned by any Portfolio for any purpose expressly permitted by and in accordance with procedures described in the Prospectus; and
13. Deliver Securities owned by any Portfolio for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Directors signed by an Authorized Person and certified by the Secretary of the FundCompany, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Samples: Custody Agreement (PBHG Funds Inc /)
Delivery of Securities and Evidence of Authority. Upon receipt of an InstructionWritten Instructions, the Custodian, directly or through the use of the Book-Entry System or a Depository, Bank shall, or shall instruct the relevant Sub-Custodian to:
1. 4.6.1 Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizationsauthorization, and any other instruments whereby the authority of the Fund Trust as owner of any Securities may be exercised;
2. 4.6.2 Deliver or cause to be delivered any Securities held for a Portfolio Series in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. 4.6.3 Deliver or cause to be delivered any Securities held for a Portfolio Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account Account for each Series such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;; UNION BANK OF CALIFORNIA, N.A Marketocracy_Funds_Agmt_v5.doc Institutional Securities Services
4. 4.6.4 Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio of, and take such other steps as shall be stated in In said Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization recapltalization of a Series or of the FundTrust;
5. 4.6.5 Deliver Securities owned by army Series upon sale of such Securities for the account of a Portfolio such Series pursuant to Section 75 hereof;
6. 4.6.6 Deliver Securities owned by any Series upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf by such Series for the account of a Portfoliothe Series;
7. 4.6.7 Deliver Securities of a Portfolio owned by any Series to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;Bank.
8. 4.6.8 Deliver Securities for delivery owned by any Series in connection with any loans of securities Securities made by a Portfolio such Series, but only against receipt of adequate collateral as agreed upon from time to time-to-time by the Custodian Bank and the Fund MCM, which may be in any form permitted under the form of cash 1940 Act or obligations any interpretations thereof issued by the United States Government, Securities and Exchange Commission or its agencies staff that are still in effect and not withdrawn or instrumentalitiessuperseded;
9. 4.6.9 Deliver Securities owned by any Series for delivery as security in connection with any borrowings by a Portfolio such Series requiring a pledge of Portfolio Series assets, but only against receipt of the amounts amount borrowed;:
10. 4.6.10 Deliver Securities owned by any Series upon receipt of Written Instructions from MCM for delivery to the Transfer Agent or its designee or to the holders of Shares of such Series in connection with distributions in kind, as may be described from time-to-time in the Series’ Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;; and
11. 4.6.11 Deliver Securities owned by any Series for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund certified by the Secretary of the Fund, Written Instructions from MCM specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an InstructionWritten Instructions, the Custodian, directly or through the use of the Book-Entry System or a Depository, Bank shall, or shall instruct the relevant Sub-Custodian to:
1. 4.6.1 Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizationsauthorization, and any other instruments whereby the authority of the Fund Trust as owner of any Securities may be exercised;
2. 4.6.2 Deliver or cause to be delivered any Securities held for a Portfolio Series in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. 4.6.3 Deliver or cause to be delivered any Securities held for a Portfolio Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate (bookkeeping) account for each Series such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. 4.6.4 Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in said Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the FundTrust;
5. 4.6.5 Deliver Securities owned by any Series upon sale of such Securities for the account of a Portfolio such Series pursuant to Section 75;
6. 4.6.6 Deliver Securities owned by any Series upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby such Series;
7. 4.6.7 Deliver Securities of a Portfolio owned by any Series to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;Bank.
8. 4.6.8 Deliver Securities for delivery owned by any Series in connection with any loans of securities Securities made by a Portfolio such Series but only against receipt of adequate collateral as agreed upon from time to time by the Custodian Bank and the Fund Trust which may be in any form permitted under the form of cash 1940 Act or obligations any interpretations thereof issued by the United States Government, Securities and Exchange Commission or its agencies or instrumentalitiesstaff;
9. 4.6.9 Deliver Securities owned by any Series for delivery as security in connection with any borrowings by a Portfolio such Series requiring a pledge of Portfolio Series assets, but only against receipt of the amounts amount borrowed;
10. 4.6.10 Deliver Securities owned by any Series upon receipt of instructions from such Series for delivery to the Transfer Agent or its designee or to the holders of Shares of such Series in connection with distributions in kind, as may be described from time to time in the Series' Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;; and
11. 4.6.11 Deliver Securities owned by any Series for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Trustees signed by an Authorized Person and certified by the Secretary or Assistant Secretary of the FundTrust, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose Purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Certificate and not otherwise, except for subparagraphs 5, 6, 7 and 8 which may be effected by Oral or Written Instructions and confirmed by Certificates, the Custodian, directly or through the use of the Book-Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, Certificate proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio the Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio the Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or consolidation, recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to of the separate account of a Portfolio Fund and take such other steps as shall be stated in Written Instructions such Certificate to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;; and
5. Deliver Securities owned by the Fund upon sale of such Securities for the account of a Portfolio the Fund pursuant to Section 75;
6. Deliver Securities owned by the Fund upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby the Fund;
7. Deliver Securities of a Portfolio owned by the Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; , provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall not be responsible for monitoring or ascertaining any redemption and retirement date with respect to any put bond which is owned by the Fund and held by the Custodian or Sub-Custodianits nominee; nor shall the Custodian have any responsibility to the Fund for any loss to the Fund for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Fund specifying the time, as place and manner for the case presentment of such put bond owned by the Fund and held by the Custodian or its nominee. The Custodian is not responsible and assumes no liability to the Fund for the accuracy or completeness of any notification the Custodian may befurnish the Fund with respect to put bonds;
8. Deliver Securities owned by the Fund for delivery in connection with any loans of securities made by a Portfolio the Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalitiesFund;
9. Deliver Securities owned by the Fund for delivery as security in connection with any borrowings by a Portfolio the Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to owned by the Transfer Agent or its designee or to Fund for any purpose expressly permitted by and in accordance with procedures described in the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;Fund's Prospectus; and
11. Deliver Securities owned by the Fund for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Directors signed by an Authorized Person and certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Samples: Custody Agreement (Dreyfus Strategic Municipals Inc)
Delivery of Securities and Evidence of Authority. Upon receipt of an InstructionWritten Instructions and not otherwise, except for subparagraphs 5, 6, 7, and 8 which may be effected by Oral Instructions and confirmed by Written Instructions or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, Written Instruction proxies, consents, authorizations, and any other instruments whereby the authority of the Fund Trust as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio the Trust in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio the Trust to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each the Trust such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio the Trust and take such other steps as shall be stated in said Written Instructions Instruction to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the FundTrust;
5. Deliver Securities owned by the Trust upon sale of such Securities for the account of a Portfolio the Trust pursuant to Section 75;
6. Deliver Securities owned by the Trust upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby the Trust;
7. Deliver Securities of a Portfolio owned by the Trust to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Trust for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds which are owned by the Trust and held by the Custodian or Sub-Custodianits nominee. Nor shall the Custodian have any responsibility or liability to the Trust for any loss by the Trust for any missed payment or other default resulting therefrom; unless the Custodian received timely notification from the Trust specifying the time, as place and manner for the case presentment of any such put bond owned by the Trust and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Trust for the accuracy or completeness of any notification the Custodian may befurnish to the Trust with respect to put bonds;
8. Deliver Securities owned by the Trust for delivery in connection with any loans of securities made by a Portfolio the Trust but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund Trust which may be in the form of cash or obligations issued by the United States Governmentgovernment, its agencies or instrumentalities;
9. Deliver Securities owned by the Trust for delivery as security in connection with any borrowings by a Portfolio the Trust requiring a pledge of Portfolio Trust assets, but only against receipt of the amounts borrowed;
10. Deliver Securities owned by the Trust upon receipt of instructions from the Trust for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Trust's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;; and
11. Deliver Securities owned by the Trust for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund certified Board of Trustees signed by an Authorized Person and Certified by the Secretary of the FundTrust, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Certificate, the Custodian, directly or through the use of the Book-Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such InstructionsCertificate, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio the Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio the Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each the Fund such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio the Fund and take such other steps as shall be stated in Written Instructions a Certificate to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby the Fund;
76. Deliver Securities of a Portfolio owned by the Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired called or otherwise become payable; provided. Notwithstanding the foregoing, howeverthe Custodian shall have no responsibility for monitoring or ascertaining any call, that in any such case redemption or retirement dates with respect to put bonds which are owned by the cash or other consideration is to be delivered to Fund and held by the Custodian or Sub-Custodianits nominees. Nor shall the Custodian have any responsibility or liability to the Fund for any loss by the Fund for any missed payments or other defaults resulting therefrom; unless the Custodian received timely notification from the Fund specifying the time, as place and manner for the case presentment of any such put bond owned by the Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Fund for the accuracy or completeness of any notification the Custodian may befurnish to the Fund with respect to put bonds;
87. Deliver Securities for delivery in connection with any loans of securities Securities made by a Portfolio the Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies U.S. government securities or instrumentalitiesa letter of credit;
98. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio the Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
109. Deliver Securities upon receipt of a Certificate from the Fund for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
10. Deliver Securities as collateral in connection with short sales by the Fund of common stock for which the Fund owns the stock or owns preferred stocks or debt securities convertible or exchangeable, without payment or further consideration, into shares of the common stock sold short;
11. Deliver Securities for any purpose expressly permitted by and in accordance with procedures described in the Fund's Prospectus; and
12. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Directors signed by an Authorized Person and certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the CustodianSubcustodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian Agent to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio pursuant to Section 78;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolio;
7. Deliver Securities of a Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian Subcustodian or Sub-CustodianAgent, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian Subcustodian and the Fund Custodian which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund Custodian certified by the Secretary of the FundCustodian, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Certificate, the Custodian, directly or through the use of the Book-Book- Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such InstructionsCertificate, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio the Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio the Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each the Fund such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio the Fund and take such other steps as shall be stated in Written Instructions a Certificate to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby the Fund;
76. Deliver Securities of a Portfolio owned by the Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired called or otherwise become payable; provided. Notwithstanding the foregoing, howeverthe Custodian shall have no responsibility for monitoring or ascertaining any call, that in any such case redemption or retirement dates with respect to put bonds which are owned by the cash or other consideration is to be delivered to Fund and held by the Custodian or Sub-Custodianits nominees. Nor shall the Custodian have any responsibility or liability to the Fund for any loss by the Fund for any missed payments or other defaults resulting therefrom; unless the Custodian received timely notification from the Fund specifying the time, as place and manner for the case presentment of any such put bond owned by the Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Fund for the accuracy or completeness of any notification the Custodian may be;furnish to the Fund with respect to put bonds
87. Deliver Securities for delivery in connection with any loans of securities Securities made by a Portfolio the Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies U.S. government securities or instrumentalitiesa letter of credit;
98. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio the Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
109. Deliver Securities upon receipt of a Certificate from the Fund for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
10. Deliver Securities as collateral in connection with short sales by the Fund of common stock for which the Fund owns the stock or owns preferred stocks or debt securities convertible or exchangeable, without payment or further consideration, into shares of the common stock sold short;
11. Deliver Securities for any purpose expressly permitted by and in accordance with procedures described in the Fund's Prospectus; and
12. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Directors signed by an Authorized Person and certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in Written written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
; 5. Deliver Securities upon sale of such Securities for the account of a Portfolio pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolio;
7. Deliver Securities of a Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Written Instruction and not otherwise, except for subparagraphs 5, 6, 7, and 8 of this section 4(g) which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Book- Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio the Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio the Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each the Fund such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio the Fund and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio the Fund pursuant to Section 75;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby the Fund;
7. Deliver Securities of a Portfolio owned by the Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds which are owned by the Fund and held by the Custodian or Sub-Custodianits nominee. Nor shall the Custodian have any responsibility or liability to the Fund for any loss by the Fund for any missed payment or other default resulting therefrom; unless the Custodian received timely notification from the Fund specifying the time, as place and manner for the case presentment of any such put bond owned by the Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Fund for the accuracy or completeness of any notification the Custodian may befurnish to the Fund with respect to put bonds;
8. Deliver Securities for delivery in connection with any loans of securities Securities made by a Portfolio the Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies U.S. government securities or instrumentalitiesa letter of credit;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio the Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
10. Deliver Securities upon receipt of Written Instructions from the Fund for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities as collateral in connection with short sales by the Fund of common stock for which the Fund owns the stock or owns preferred stocks or debt securities convertible or exchangeable, without payment or further consideration, into shares of the common stock sold short;
12. Deliver Securities for any purpose expressly permitted by and in accordance with procedures described in the Fund's Prospectus; and
13. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Trustees signed by an Authorized Person and certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Samples: Custody Agreement (Eai Select Managers Equity Fund)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account Separate Account for each such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets Assets specifically allocated to the separate account Separate Account of a Portfolio and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolio;
7. Deliver Securities of a Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio requiring a pledge of Portfolio assetsAssets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in Written written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolio;
7. Deliver Securities of a Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalitiesinstrumentalities or other acceptable collateral as agreed upon;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of a Written Instruction and not otherwise, except for subparagraphs 5, 6, 7, and 8 of this section 4(g) which may be effected by either an Oral or Written Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such InstructionsWritten Instruction, proxies, consents, authorizations, and any other instruments whereby the authority of the a Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio Fund in exchange for other Securities or cash monies issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each a Fund such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio Fund and take such other steps as shall be stated in such Written Instructions to be Instruction for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;of
5. Deliver Securities owned by a Fund upon sale of such Securities for the account of a Portfolio that Fund pursuant to Section 75;
6. Deliver Securities owned by a Fund upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby that Fund;
7. Deliver Securities of owned by a Portfolio Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash monies or other consideration is to be delivered to the Custodian. The Custodian also shall have the responsibility to each Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds which are owned by that Fund and held by the Custodian or Sub-Custodian, as the case may beits nominee;
8. Deliver Securities owned by a Fund to the issuer thereof, or its agent, for transfer into the name of that Fund or into the name of any nominee or nominees of the Custodian or into the name or nominee name of any agent or any sub-custodian appointed pursuant to Section 11(g) hereof; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided, however, that in any such case, the new Securities are to be delivered to the Custodian;
9. Deliver Securities owned by a Fund to the broker for examination in accordance with "street delivery" custom;
10. Deliver Securities owned by a Fund in accordance with the provisions of any agreement among a Fund, the Custodian and any broker-dealer or any similar organization or organizations relating to compliance with the rules of any options clearing entity or securities or commodities exchange, regarding escrow or other arrangements in connection with transactions by the Fund;
11. Deliver Securities owned by a Fund in accordance with the provisions of any agreement among that Fund, the Custodian and an individual or organization registered under the Commodity Exchange Act, relating
12. Deliver Securities owned by a Fund for delivery in connection with any loans of securities made by a Portfolio that Fund, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund that Fund, which may be in the form of cash monies or obligations issued by the United States Governmentgovernment, its agencies or instrumentalities;
913. Deliver Securities owned by a Fund for delivery as security in connection with any borrowings by a Portfolio that Fund requiring a pledge of Portfolio that Fund's assets, but only against receipt of the amounts borrowed;
1014. Deliver Securities owned by a Fund upon receipt of a Written Instruction from that Fund for delivery to the Transfer Agent or its designee or to the holders of Shares of that Fund in connection with distributions in kind, as may be described from time to time in that Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
1115. Deliver Securities as collateral in connection with short sales of securities by a Fund;
16. Deliver Securities for any purpose expressly permitted by and in accordance with procedures described in a Fund's Prospectus or resolution adopted by the Trust's Board of Trustees signed by an Authorized Person and certified by the Secretary of the Trust; and
17. Deliver Securities owned by a Fund for any other proper business purpose, but only upon receipt of, in addition to written Instructionsa Written Instruction, a certified copy of a resolution or other authorization of the Fund Board of Trustees signed by an Authorized Person and certified by the Secretary of the FundTrust, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercisedexercised or any notices to the beneficial owner of Securities or other portfolio instruments;
2. Deliver or cause to be delivered any Securities held for a Portfolio in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolio;
7. Deliver Securities of a Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Samples: Custody Agreement (GuideStone Funds)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Written Instruction and not otherwise, except for subparagraphs 5, 6, 7 and 8 of this section 4(g) which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio the Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio the Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each the Fund such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio the Fund and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio the Fund pursuant to Section 75;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby the Fund;
7. Deliver Securities of a Portfolio owned by the Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds which are owned by the Fund and held by the Custodian or Sub-Custodianits nominee. Nor shall the Custodian have any responsibility or liability to the Fund for any loss by the Fund for any missed payment or other default resulting therefrom; unless the Custodian received timely notification from the Fund specifying the time, as place and manner for the case presentment of any such put bond owned by the Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Fund for the accuracy or completeness of any notification the Custodian may befurnish to the Fund with respect to put bonds;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio the Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Governmentgovernment, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio the Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
10. Deliver Securities upon receipt of Written Instructions from the Fund for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities as collateral in connection with short sales by the Fund of common stock for which the Fund owns the stock or owns preferred stocks or debt securities convertible or exchangeable, without payment or further consideration, into shares of the common stock sold short;
12. Deliver Securities for any purpose expressly permitted by and in accordance with procedures described in the Fund's Prospectus; and
13. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Directors signed by an Authorized Person and certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Samples: Custody Agreement (Dreyfus Disciplined Equity Income Fund)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Written Instruction and not otherwise, except for subparagraphs 5, 6, 7, and 8 of this section 6(h) which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund Company as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a the Portfolio in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a the Portfolio to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such the Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a the Portfolio and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the FundCompany;
5. Deliver Securities upon sale of such Securities for the account of a the Portfolio pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a by the Portfolio;
7. Deliver Securities of a owned by the Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a the Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund Company which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a the Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities owned by the Portfolio for any purpose expressly permitted by and in accordance with procedures described in the Prospectus; and
12. Deliver Securities owned by the Portfolio for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Trustees signed by an Authorized Person and certified by the Secretary of the FundCompany, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Trust or a Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio Fund certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio Fund and take such other steps as shall be stated in Written written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the a Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio Fund pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a PortfolioFund;
7. Deliver Securities of a Portfolio Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio Fund, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund Trust, which may be in the form of cash or cash, obligations issued by the United States Government, its agencies or instrumentalities, or other collateral acceptable to the Trust;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund Trust certified by the Secretary of the FundTrust, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Written Instruction and not otherwise, except for subparagraphs 5, 6, 7, and 8 of this section 4(g) which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio the Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio the Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each the Fund such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio the Fund and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio the Fund pursuant to Section 75;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby the Fund;
7. Deliver Securities of a Portfolio owned by the Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds which are owned by the Fund and held by the Custodian or Sub-Custodianits nominee. Nor shall the Custodian have any responsibility or liability to the Fund for any loss by the Fund for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Fund specifying the time, as place and manner for the case presentment of any such put bond owned by the Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Fund for the accuracy or completeness of any notification the Custodian may befurnish to the Fund with respect to put bonds;
8. Deliver Securities for delivery in connection with any loans of securities Securities made by a Portfolio the Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies U.S. government securities or instrumentalitiesa letter of credit;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio the Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
10. Deliver Securities upon receipt of Written Instructions from the Fund for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities as collateral in connection with short sales by the Fund of common stock for which the Fund owns the stock or owns preferred stocks or debt securities convertible or exchangeable, without payment or further consideration, into shares of the common stock sold short;
12. Deliver Securities for any purpose expressly permitted by and in accordance with procedures described in the Fund's Prospectus; and
13. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Trustees signed by an Authorized Person and certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
exercised or any notices to the beneficial owner of Securities or other portfolio instruments; 2. Deliver or cause to be delivered any Securities held for a Portfolio in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
; 3. Deliver or cause to be delivered any Securities held for a Portfolio to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
; 4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
; 5. Deliver Securities upon sale of such Securities for the account of a Portfolio pursuant to Section 7;
; 6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolio;
; 7. Deliver Securities of a Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
; 8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Samples: Custody Agreement (GuideStone Funds)
Delivery of Securities and Evidence of Authority. Upon receipt of an InstructionWritten Instructions, the Custodian, directly or through the use of the Book-Entry System or a Depository, Bank shall, or shall instruct the relevant Sub-Custodian to:
1. 4.6.1 Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizationsauthorization, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. 4.6.2 Deliver or cause to be delivered any Securities held for a Portfolio Series in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporationFund, or the exercise of any conversion privilege;
3. 4.6.3 Deliver or cause to be delivered any Securities held for a Portfolio Series to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporationFund, and receive and hold under the terms of this Agreement in the separate (bookkeeping) account for each Series such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. 4.6.4 Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in said Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. 4.6.5 Deliver Securities owned by any Series upon sale of such Securities for the account of a Portfolio such Series pursuant to Section 75;
6. 4.6.6 Deliver Securities owned by any Series upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby such Series;
7. 4.6.7 Deliver Securities of a Portfolio owned by any Series to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become becomes payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;Bank.
8. 4.6.8 Deliver Securities for delivery owned by any Series in connection with any loans of securities Securities made by a Portfolio such Series but only against receipt of adequate collateral as agreed upon from time to time by the Custodian Bank and the Fund which may be in any form permitted under the form of cash 1940 Act or obligations any interpretations thereof issued by the United States Government, Securities and Exchange Commission or its agencies or instrumentalitiesstaff;
9. 4.6.9 Deliver Securities owned by any Series for delivery as security in connection with any borrowings by a Portfolio such Series requiring a pledge of Portfolio Series assets, but only against receipt of the amounts amount borrowed;
10. 4.6.10 Deliver Securities owned by any Series upon receipt of instructions from such Series for delivery to the Transfer Agent or its designee or to the holders of Shares of such Series in connection with distributions in kind, as may be described from time to time in the Series' Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;; and
11. 4.6.11 Deliver Securities owned by any Series for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Directors signed by an Authorized Person and certified by the Secretary or Assistant Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Samples: Custody Agreement (First Pacific Mutual Fund Inc /Hi/)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona ------------------------------------------------ Written Instruction and not otherwise, except for subparagraphs 5, 6, 7, and 8 of this Section 4(g) which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio the Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio the Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each the Fund such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio the Fund and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio the Fund pursuant to Section 75;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby the Fund;
7. Deliver Securities of a Portfolio owned by the Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds which are owned by the Fund and held by the Custodian or Sub-Custodianits nominee. Nor shall the Custodian have any responsibility or liability to the Fund for any loss by the Fund for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Fund specifying the time, as place and manner for the case presentment of any such put bond owned by the Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Fund for the accuracy or completeness of any notification the Custodian may befurnish to the Fund with respect to put bonds;
8. Deliver Securities for delivery in connection with any loans of securities Securities made by a Portfolio the Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies U.S. government securities or instrumentalitiesa letter of credit;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio the Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
10. Deliver Securities upon receipt of Written Instructions from the Fund for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities as collateral in connection with short sales by the Fund of common stock for which the Fund owns the stock or owns preferred stocks or debt securities convertible or exchangeable, without payment or further consideration, into shares of the common stock sold short;
12. Deliver Securities for any purpose expressly permitted by and in accordance with procedures described in the Fund's Prospectus; and
13. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Trustees signed by an Authorized Person and certified by the Secretary of the FundTrust, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Sub- Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, proxies, consents, authorizationsauthoriza- tions, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio to any protective committee, reorganization committee or other person in connection connec- tion with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganizationreorgani- zation, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolio;
7. Deliver Securities of a Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an InstructionWritten Instructions and not otherwise, except for Subparagraphs 5, 6, 7, and 8 which nay be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
(1. Execute ) execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;.
(2. Deliver ) deliver or cause to be delivered any Securities held for a Portfolio the Fund in exchange for other Securities securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation consolidation, or recapitalization of any corporation, or the exercise of any conversion privilege;
(3. Deliver or ) deliver or-cause to be delivered any Securities held for a Portfolio the Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization consolidation, recapitalization, or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each the Fund such Portfolio certificates of deposit, interim receipts receipts, or other instruments or documents as may be issued to it to evidence such delivery;
(4. Make ) make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio the Fund and take such other steps as shall be stated in said Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation consolidation, or recapitalization of the Fund;
(5. Deliver ) deliver Securities owned by the Fund upon sale of such Securities for the account of a Portfolio the Fund pursuant to Section 75;
(6. Deliver ) deliver Securities owned by the Fund upon the receipt of payment in connection with any repurchase agreement related to such Securities securities entered into on behalf of a Portfolioby the Fund;
(7. Deliver ) deliver Securities of a Portfolio owned by the Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired retired, or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Fund for monitoring or ascertaining of any call, redemption, or retirement date with respect to put bonds which are owned by the Fund and held by the Custodian or Sub-Custodianits nominee. Nor shall the Custodian have any responsibility or liability to the Fund for any loss by the Fund for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Fund specifying the time, as place, and manner for the case presentment of such put bond owned by the Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Fund for the accuracy or completeness of any notification the Custodian may befurnish to the Fund with respect to put bonds;
8. Deliver (8) deliver Securities owned by the Fund for delivery in connection with any loans of securities made by a Portfolio the Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in any form permitted under the form of cash 1940 Act or obligations any interpretations thereof issued by the United States Government, Securities and Exchange Commission or its agencies or instrumentalitiesstaff;
(9. Deliver ) deliver Securities owned by the Fund for delivery as security in connection with any borrowings by a Portfolio the Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
(10. Deliver ) deliver Securities owned by the Fund upon receipt of instructions from the Fund for delivery to the Transfer Agent or its designee or to the holders of Shares of the Fund in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;; and
(11. Deliver ) deliver Securities owned by the Fund for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Directors signed by an Authorized Person and certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Certificate, the Custodian, directly or through the use of the Book-Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such InstructionsCertificate, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio the Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization recapitalizati on of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio the Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization recapitalizat ion or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each the Fund such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio the Fund and take such other steps as shall be stated in Written Instructions a Certificate to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby the Fund;
76. Deliver Securities of a Portfolio owned by the Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired called or otherwise become payable; provided. Notwithstanding the foregoing, howeverthe Custodian shall have no responsibility for monitoring or ascertaining any call, that in any such case redemption or retirement dates with respect to put bonds which are owned by the cash or other consideration is to be delivered to Fund and held by the Custodian or Sub-Custodianits nominees. Nor shall the Custodian have any responsibility or liability to the Fund for any loss by the Fund for any missed payments or other defaults resulting therefrom; unless the Custodian received timely notification from the Fund specifying the time, as place and manner for the case presentment of any such put bond owned by the Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Fund for the accuracy or completeness of any notification the Custodian may be;furnish to the Fund with respect to put bonds
87. Deliver Securities for delivery in connection with any loans of securities Securities made by a Portfolio the Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form for m of cash or obligations issued by the United States Government, its agencies U.S. government securities or instrumentalitiesa letter of credit;
98. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio the Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
109. Deliver Securities upon receipt of a Certificate from the Fund for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund's Prospe ctus, in satisfaction of requests by holders of Shares for repurchase or redemption;
10. Deliver Securities as collateral in connection with short sales by the Fund of common stock for which the Fund owns the stock or owns preferred stocks or debt securities convertible or exchangeable, without payment or further consideration, into shares of the common stock sold short;
11. Deliver Securities for any purpose expressly permitted by and in accordance with procedures described in the Fund's Prospectus; and
12. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Directors signed by an Authorized Person and certified by b y the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Samples: Custody Agreement (Dreyfus Socially Responsible Growth Fund Inc)
Delivery of Securities and Evidence of Authority. Upon receipt of an InstructionWritten Instructions and not otherwise, except for Subparagraphs 5, 6, 7, and 8 which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
(1. Execute ) execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
(2. Deliver ) deliver or cause to be delivered any Securities held for a Portfolio the Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation consolidation, or recapitalization of any corporation, or the exercise of any conversion privilege;
(3. Deliver ) deliver or cause to be delivered any Securities held for a Portfolio the Fund to any protective committee, reorganization committee committee, or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization consolidation, recapitalization, or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each the Fund such Portfolio certificates of deposit, interim receipts receipts, or other instruments or documents as may be issued to it to evidence such delivery;
(4. Make ) make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio the Fund and take such other steps as shall be stated in said Written Instructions instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation consolidation, or recapitalization of the Fund;
(5. Deliver ) deliver Securities owned by the Fund upon sale of such Securities for the account of a Portfolio the Fund pursuant to Section 75;
(6. Deliver ) deliver Securities owned by the Fund upon the receipt of payment in connection with any repurchase agreement related to such Securities securities entered into on behalf of a Portfolioby the Fund;
(7. Deliver ) deliver Securities of a Portfolio owned by the Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired retired, or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Fund for monitoring or ascertaining of any call, redemption, or retirement date with respect to put bonds which are owned by the Fund and held by the Custodian or Sub-Custodianits nominee. Nor shall the Custodian have any responsibility or liability to the Fund for any loss by the Fund for any missed payment or other default resulting therefrom unless the Custodian received timely notification from the Fund specifying the time, as place, and manner for the case presentment of such put bond owned by the Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Fund for the accuracy or completeness of any notification the Custodian may befurnish to the Fund with respect to put bonds;
8. Deliver (8) deliver Securities owned by the Fund for delivery in connection with any loans of securities made by a Portfolio the Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in any form permitted under the form of cash 1940 Act or obligations any interpretations thereof issued by the United States Government, Securities and Exchange Commission or its agencies or instrumentalitiesstaff;
(9. Deliver ) deliver Securities owned by the Fund for delivery as security in connection with any borrowings by a Portfolio the Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
(10. Deliver ) deliver Securities owned by the Fund upon receipt of instructions from the Fund for delivery to the Transfer Agent or its designee or to the holders of Shares of the Fund in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;; and
(11. Deliver ) deliver Securities owned by the Fund for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Directors signed by an Authorized Person and certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Samples: Custodian Agreement (South Dakota Tax Free Fund Inc)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Written Instruction and not otherwise, except for subparagraphs 5, 6, 7, and 8 of this section 6(h) which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund Trust as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the FundTrust;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of by a Portfolio;
7. Deliver Securities of owned by a Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund Trust which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities owned by any Portfolio as collateral in connection with short sales by such Portfolio of common stock for which such Portfolio owns the stock or owns preferred stocks or debt securities convertible or exchangeable, without payment of further consideration, into shares of the common stock sold short;
12. Deliver Securities owned by any Portfolio for any purpose expressly permitted by and in accordance with procedures described in the Prospectus; and
13. Deliver Securities owned by any Portfolio for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Trustees signed by an Authorized Person and certified by the Secretary of the FundTrust, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Samples: Custody Agreement (Morgan Grenfell Investment Trust)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio the Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio the Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio the Fund certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio the Fund and take such other steps as shall be stated in Written written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio the Fund pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfoliothe Fund;
7. Deliver Securities of a Portfolio the Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio the Fund, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund Fund, which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio the Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund certified by an Authorized Person of the Secretary Fund or the Delegate of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Written Instruction and not otherwise, except for subparagraphs 5, 6, 7, and 8 of this section 4(g) which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Book- Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the each Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio each Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio each Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each the Fund such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio each Fund and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities owned by each Fund upon sale of such Securities for the account of a Portfolio such Fund pursuant to Section 75;
6. Deliver Securities owned by each Fund upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby such Fund;
7. Deliver Securities of a Portfolio owned by each Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to any Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds which are owned by the Fund and held by the Custodian or Sub-Custodianits nominee, as nor shall the case Custodian have any responsibility or liability to any Fund for any loss by the Fund for any missed payment or other default resulting therefrom, unless the Custodian received timely notification from the Trust specifying the time, place and manner for the presentment of any such put bond owned by the Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Trust for the accuracy or completeness of any notification the Custodian may befurnish to the Trust with respect to put bonds;
8. Deliver Securities owned by each Fund for delivery in connection with any loans of securities Securities made by a Portfolio such Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund Trust which may be in the form of cash or obligations issued by the United States Government, its agencies U.S. government securities or instrumentalitiesa letter of credit;
9. Deliver Securities owned by each Fund for delivery as security in connection with any borrowings by a Portfolio such Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
10. Deliver Securities owned by each Fund upon receipt of Written Instructions from the Trust for delivery to the Transfer Agent or its designee or to the holders of Shares of that Fund in connection with distributions in kind, as may be described from time to time in the Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities owned by each Fund as collateral in connection with short sales by such Fund of common stock for which the Fund owns the stock or owns preferred stocks or debt securities convertible or exchangeable, without payment or further consideration, into shares of the common stock sold short;
12. Deliver Securities owned by each Fund for any purpose expressly permitted by and in accordance with procedures described in the Prospectus; and
13. Deliver Securities owned by each Fund for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Directors signed by an Authorized Person and certified by the Secretary of the FundTrust, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Samples: Custody Agreement (Payden & Rygel Investment Group)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall promptly instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio Fund certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio Fund and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio Fund pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a PortfolioFund;
7. Deliver Securities of a Portfolio Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio Fund requiring a pledge of Portfolio assetsFund Assets, but only against receipt of the amounts borrowed;
10. Deliver Securities of a Fund to the Transfer Agent for such Fund or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;; and
11. Deliver Securities of a Fund for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the such Fund certified by the Secretary of the FundTrust, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an InstructionInstructions and not otherwise, the Custodian, Custodian directly or through the use of the Book-Book Entry System or a the Depository, and in accordance with section 4(b) above, shall, or shall instruct the relevant Sub-Custodian to:
(1. ) Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, Instructions proxies, consents, authorizations, and any other instruments whereby the authority of the Fund VCA-7 as owner of any Securities may be exercised;
; (2. ) Deliver or cause to be delivered any Securities held for a Portfolio VCA-7 in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
; (3. ) Deliver or cause to be delivered any Securities held for a Portfolio VCA-7 to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each VCA-7 such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
; (4. ) Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio VCA-7 and take such other steps as shall be stated in Written said Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
VCA-7. (5. ) Deliver Securities owned by VCA-7 upon sale of such Securities securities for the account of a Portfolio VCA-7 pursuant to Section 7;
5 of this Agreement; (6. ) Deliver Securities owned by VCA-7 upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf by VCA-7, subject to the provisions of a Portfolio;
Section 5(d) hereof; (7. ) Deliver Securities of a Portfolio owned by VCA-7 to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. ; (8) Deliver Securities owned by VCA-7 for delivery in connection with any loans of securities made by a Portfolio VCA-7 but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
VCA-7; (9. ) Deliver Securities owned by VCA-7 for delivery as security in connection with any borrowings by a Portfolio VCA-7 requiring a pledge of Portfolio VCA-7 assets, but only against receipt of the amounts borrowed;
; (10. ) Deliver Securities owned by VCA-7 for delivery to the Transfer Agent or its designee transfer agent or to the holders of Shares Units in connection with distributions in kind, as may be described from time to time in VCA-7's prospectus, in satisfaction of requests by holders of Shares Units for repurchase or redemption;
; and (11. ) Deliver Securities owned by VCA-7 for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a certified copy of a resolution or other authorization of the Fund Committee signed by an Authorized Person of VCA-7 and certified by the Secretary of the FundVCA-7, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Samples: Custody Agreement (MBL Variable Contract Account 7)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Certificate and not otherwise, except for subparagraphs 5, 6, 7, and 9 which may be effected by Oral or Written Instructions and confirmed by Certificates, the Custodian, directly or through the use of the Book-Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
1: . Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, Certificate proxies, consents, authorizations, and any other instruments whereby the authority of the Fund Trust as owner of any Securities may be exercised;
2exercise; . Deliver or cause to be delivered any Securities held for a Portfolio in exchange for other Securities or cash case issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. . Deliver or cause to be delivered any Securities held for a Portfolio to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each Portfolio such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4; . Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in Written Instructions said Certificate to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5Trust; . Deliver Securities owned by any Portfolio upon sale of such Securities for the account of a such Portfolio pursuant to Section 7;
65; . Deliver Securities owned by any Portfolio upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a by such Portfolio;
7; . Deliver Securities of a owned by any Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8; . Deliver Securities owned by any Portfolio for delivery deliver in connection with any loans of securities made by a such Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund Trust which may be in the form of cash or obligations issued by the United States Governmentgovernment, its agencies or instrumentalities;
9; . Deliver Securities owned by any Portfolio for delivery as security in connection with any borrowings by a such Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10; . Deliver Securities owned by any Portfolio upon receipt of instructions from such Portfolio for deliver to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Trust's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
11; and . Deliver Securities owned by any Portfolio for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Trustees signed by an Authorized Person and certified by the Secretary of the FundTrust, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Samples: Custody Agreement (Pimco Funds)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the Custodian, directly or through the use of the Book-Book Entry System or a Depository, shall, or shall instruct the relevant Sub-Sub Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be maybe designated in such Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be maybe issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolio;
7. Deliver Securities of a Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be he delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Samples: Custody Agreement (Tt International Usa Feeder Trust)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Written Instruction and not otherwise, except for subparagraphs 5, 6, 7, and 8 of this section 4(g) which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio the Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio the Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each the Fund such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio the Fund and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio the Fund pursuant to Section 75;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby the Fund;
7. Deliver Securities of a Portfolio owned by the Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds which are owned by the Fund and held by the Custodian or Sub-Custodianits nominee. Nor shall the Custodian have any responsibility or liability to the Fund for any loss by the Fund for any missed payment or other default resulting therefrom; unless the Custodian received timely notification from the Fund specifying the time, as place and manner for the case presentment of any such put bond owned by the Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Fund for the accuracy or completeness of any notification the Custodian may befurnish to the Fund with respect to put bonds;
8. Deliver Securities for delivery in connection with any loans of securities Securities made by a Portfolio the Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalitiesFund;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio the Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
10. Deliver Securities upon receipt of Written Instructions from the Fund for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund's Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities as collateral in connection with short sales by the Fund;
12. Deliver Securities for any purpose expressly permitted by and in accordance with procedures described in the Fund's Prospectus; and
13. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Trustees signed by an Authorized Person and certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
Appears in 1 contract
Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Written Instruction and not otherwise, except for subparagraphs 5, 6, 7 and 8 of this Section 4(g) which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Book Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the a Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each the Fund such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio Fund and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio Fund pursuant to Section 75;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of by a PortfolioFund;
7. Deliver Securities of owned by a Portfolio Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;.
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Governmentgovernment, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
10. Deliver Securities upon receipt of Written Instructions from a Fund for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Funds Prospectus, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities as collateral in connection with short sales by a Fund of common stock for which the Fund owns the stock or owns preferred stocks or debt securities convertible or exchangeable, without payment or further consideration, into shares of the common stock sold short;
12. Deliver Securities for any purpose expressly permitted by and in accordance with procedures described in the Funds Prospectus; and
13. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Trustees signed by an Authorized Person and certified by the Secretary of the FundTrust, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
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Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio pursuant to Section 7;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolio;
7. Deliver Securities of a Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Custodian, as the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made by a Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
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Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Written Instruction and not otherwise, except for subparagraphs 5, 6, 7, and 8 of this section 4(g) which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio the Fund in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio the Fund to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each the Fund such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio the Fund and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio the Fund pursuant to Section 75;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby the Fund;
7. Deliver Securities of a Portfolio owned by the Fund to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Fund for monitoring or ascertaining any call, redemption or retirement dates with respect to the put bonds which are owned by the Fund and held by the Custodian or Sub-Custodianits nominee. Nor shall the Custodian have any responsibility or liability to the Fund for any loss by the Fund for any missed payment or other default resulting therefrom; unless the Custodian received timely notification from the Fund specifying the time, as place and manner for the case presentment of any such put bond owned by the Fund and held by the Custodian or its nominee. The Custodian shall not be responsible and assumes no liability to the Fund for the accuracy or completeness of any notification the Custodian may befurnish to the Fund with respect to put bonds;
8. Deliver Securities for delivery in connection with any loans of securities Securities made by a Portfolio the Fund but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies U.S. government securities or instrumentalitiesa letter of credit;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio the Fund requiring a pledge of Portfolio Fund assets, but only against receipt of the amounts borrowed;
10. Deliver Securities upon receipt of Written Instructions from the Fund for delivery to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund's Prospect us, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities as collateral in connection with short sales by the Fund of common stock for which the Fund owns the stock or owns preferred stocks or debt securities convertible or exchangeable, without payment or further consideration, into shares of the common stock sold short;
12. Deliver Securities for any purpose expressly permitted by and in accordance with procedures described in the Fund's Prospectus; and
13. Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Written Instructions, a certified copy of a resolution or other authorization of the Fund Board of Directors signed by an Authorized Person and certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
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Samples: Custody Agreement (Access Capital Strategies Community Inv Fd Inc\insti Inv Por)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instruction, the Custodian, directly or through the use of the Book-Entry System or a Depository, shall, or shall instruct the relevant Sub-Custodian to:
(1. ) Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund as owner of any Securities may be exercisedexercised or any notices to the beneficial owner of Securities or other portfolio instruments;
(2. ) Deliver or cause to be delivered any Securities held for a Portfolio in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
(3. ) Deliver or cause to be delivered any Securities held for a Portfolio to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
(4. ) Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
(5. ) Deliver Securities upon sale of such Securities for the account of a Portfolio pursuant to Section 7;
(6. ) Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolio;
(7. ) Deliver Securities of a Portfolio to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian or Sub-Sub- Custodian, as the case may be;
8. (8) Deliver Securities for delivery in connection with any loans of securities made by a Portfolio but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund which may be in the form of cash or obligations issued by the United States Government, its agencies or instrumentalities;
(9. ) Deliver Securities for delivery as security in connection with any borrowings by a Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
(10. ) Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;
(11. ) Deliver Securities for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution or other authorization of the Fund certified by the Secretary of the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.
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Samples: Custody Agreement (GuideStone Funds)
Delivery of Securities and Evidence of Authority. Upon receipt of an Instructiona Written Instruction and not otherwise, except for subparagraphs 5, 6, 7, and 8 of this section 4 ( g ) which may be effected by Oral or Written Instructions, the Custodian, directly or through the use of the Book-Entry System or a the Depository, shall, or shall instruct the relevant Sub-Custodian to:
1. Execute and deliver or cause to be executed and delivered to such persons as may be designated in such Written Instructions, proxies, consents, authorizations, and any other instruments whereby the authority of the Fund Separate Account as owner of any Securities may be exercised;
2. Deliver or cause to be delivered any Securities held for a Portfolio the Separate Account in exchange for other Securities or cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation or recapitalization of any corporation, or the exercise of any conversion privilege;
3. Deliver or cause to be delivered any Securities held for a Portfolio the Separate Account to any protective committee, reorganization committee or other person in connection with the reorganization, refinancing, merger, consolidation or recapitalization or sale of assets of any corporation, and receive and hold under the terms of this Agreement in the separate account for each f o r the Separate Account such Portfolio certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery;
4. Make or cause to be made such transfers or exchanges of the assets specifically allocated to the separate account of a Portfolio the Separate Account and take such other steps as shall be stated in Written Instructions to be for the purpose of effectuating any a n y duly authorized plan of liquidation, reorganizationr e o r ganization, merger, consolidation or recapitalization of the FundSeparate Account;
5. Deliver Securities upon sale of such Securities for the account of a Portfolio the Separate Account pursuant to Section 75;
6. Deliver Securities upon the receipt of payment in connection with any repurchase agreement related to such Securities entered into on behalf of a Portfolioby the Separate Account;
7. Deliver Securities of a Portfolio owned by the Separate Account to the issuer thereof or its agent when such Securities are called, redeemed, retired or otherwise become payable; provided, however, that in any such case the cash or other consideration is to be delivered to the Custodian. Notwithstanding the foregoing, the Custodian shall have no responsibility to the Separate Account for monitoring or Sub-Custodianascertaining any call, as redemption or retirement dates with respect to the case may be;
8. Deliver Securities for delivery in connection with any loans of securities made put bonds which are owned by a Portfolio but only against receipt of adequate collateral as agreed upon from time to time the Separate Account and held by the Custodian and or its n o m i nee. Nor shall the Fund which may be in Custodian have any responsibility or liability to the form of cash or obligations issued Separate Account for any loss by the United States Government, its agencies or instrumentalities;
9. Deliver Securities for delivery as security in connection with any borrowings by a Portfolio requiring a pledge of Portfolio assets, but only against receipt of the amounts borrowed;
10. Deliver Securities to the Transfer Agent or its designee or to the holders of Shares in connection with distributions in kind, in satisfaction of requests by holders of Shares for repurchase or redemption;
11. Deliver Securities Separate Account for any other proper business purpose, but only upon receipt of, in addition to written Instructions, a copy of a resolution missed payment or other authorization default resulting therefrom; unless the Custodian received timely notification from the Separate Account specifying the time, place and manner for the presentment of the Fund certified any such put bond owned by the Secretary of Separate Account and held by the Fund, specifying the Securities to be delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and naming the person or persons to whom delivery of such Securities shall be made.Custodian or
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Samples: Custodian Agreement (Rydex Advisor Variable Annuity Account)