Common use of Delivery of Securities Sold Clause in Contracts

Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 297 contracts

Samples: Custody Agreement (Rockefeller Municipal Opportunities Fund), Custody Agreement (Hussman Investment Trust), Etf Custody Agreement (Tortoise Capital Series Trust)

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Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 216 contracts

Samples: Custody Agreement (Unified Series Trust), Custody Agreement, Custody Agreement (Tortoise Pipeline & Energy Fund, Inc.)

Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities or Loan Documents against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities or Loan Documents prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 31 contracts

Samples: Custody Agreement (360 Funds), Custody Agreement (Advisor Managed Portfolios), Custody Agreement (Advisor Managed Portfolios)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund Trust shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for of the foregoing.

Appears in 28 contracts

Samples: Custody Agreement (Commonwealth International Series Trust), Custody Agreement (Henssler Funds Inc), Custody Agreement (Advance Capital I Inc)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund Funds shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 20 contracts

Samples: Custody Agreement (Salient MLP & Energy Infrastructure Fund), Custody Agreement (Salient MLP & Energy Infrastructure Fund), Custody Agreement (Brandywine Blue Fund Inc)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if so directed in Written Instructions and if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund Trust shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for of the foregoing.

Appears in 17 contracts

Samples: Custody Agreement (Aquila Municipal Trust), Custody Agreement (Aquila Municipal Trust), Custody Agreement (Aquila Municipal Trust)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund for which such Securities were delivered shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 15 contracts

Samples: Custody Agreement (Bonfiglio & Reed Investment Trust), Custody Agreement (Wells Family of Real Estate Funds), Custody Agreement (Dean Family of Funds)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for of the foregoing.

Appears in 14 contracts

Samples: Custody Agreement (Capstone Church Bond Fund), Custody Agreement (Madison Strategic Sector Premium Fund), Custody Agreement (Stonebridge Aggressive Growth Fund Inc)

Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the a Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 14 contracts

Samples: Custody Agreement (Milliman Variable Insurance Trust), Custody Agreement (Milliman Variable Insurance Trust), Custody Agreement (Asset Management Fund)

Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund Custodian shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian no Fund shall have no any liability for any for the foregoing.

Appears in 10 contracts

Samples: Multi Trust Custody Agreement (SEI Catholic Values Trust), Multi Trust Custody Agreement (Sei Daily Income Trust /Ma/), Multi Trust Custody Agreement (Sei Institutional Managed Trust)

Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the relevant Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 8 contracts

Samples: Etf Custody Agreement (Stone Ridge Trust), Custody Agreement (Stone Ridge Trust), Custody Agreement (Stone Ridge Trust)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.payment

Appears in 5 contracts

Samples: Custody Agreement (Cushing Royalty & Income Fund), Custody Agreement (Cushing Royalty & Income Fund), Custody Agreement (Salient MLP & Energy Infrastructure Fund)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund Portfolio shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 5 contracts

Samples: Custody Agreement (Zodiac Trust), Custody Agreement (Aggressive Growth Mutual Fund Portfolio), Custody Agreement (Growth Mutual Fund Portfolio)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefortherefore. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 5 contracts

Samples: Custody Agreement (Cushing Renaissance Fund), Custody Agreement (Cushing Renaissance Fund), Custody Agreement (Bertolet Capital Trust)

Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities or Loan Documents against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities or Loan Documents prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for of the foregoing.

Appears in 5 contracts

Samples: Custody Agreement (Nicholas Fund Inc), Custody Agreement (Nicholas Equity Income Fund Inc), Custody Agreement (Nicholas Money Market Fund Inc)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund Company shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for of the foregoing.

Appears in 5 contracts

Samples: Custody Agreement (Hughes Funds Inc), Custody Agreement (Thurlow Funds Inc), Custody Agreement (Capstone Fixed Income Series Inc)

Delivery of Securities Sold. Notwithstanding Section 4.03 5.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund Funds shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 4 contracts

Samples: Custody Agreement (Buffalo Funds), Custody Agreement (Buffalo Funds), Custody Agreement (Buffalo Funds)

Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the applicable Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 4 contracts

Samples: Custody Agreement (Underlying Funds Trust), Custody Agreement (Hatteras Alternative Mutual Funds Trust), Custody Agreement (Thompson Im Funds Inc)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund for which such Securities were delivered shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for of the foregoing.

Appears in 4 contracts

Samples: Custody Agreement (Cutler Trust), Custody Agreement (Schwartz Investment Trust), Custody Agreement (Berwyn Funds)

Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund relevant Fund(s) shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 3 contracts

Samples: Custody Agreement (DoubleLine Equity Funds), Custody Agreement (DoubleLine Funds Trust), Custody Agreement (DoubleLine Funds Trust)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the applicable Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 3 contracts

Samples: Custody Agreement (Wisconsin Capital Funds Inc), Custody Agreement (Westport Funds), Custodian Agreement (Tanaka Funds Inc)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities or Loan Documents against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities or Loan Documents prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 3 contracts

Samples: Custody Agreement (Trust for Professional Managers), Custody Agreement (Trust for Professional Managers), Custody Agreement (Babson Capital Global Short Duration High Yield Fund)

Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed by the Fund to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 2 contracts

Samples: Custody Agreement (Amplify ETF Trust), Custody Agreement (Amplify ETF Trust)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund Series shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 2 contracts

Samples: Custody Agreement (First American Investment Funds Inc), Custody Agreement (First American Funds Inc)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the relevant Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 2 contracts

Samples: Global Custody Agreement (Prospector Funds, Inc.), Global Custody Agreement (Prospector Funds, Inc.)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment thereforpayment. In any such case, the Fund Funds shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 2 contracts

Samples: Custody Agreement (Hatteras 1099 Advantage Institutional Fund), Custody Agreement (Hatteras 1099 Advantage Fund)

Delivery of Securities Sold. Notwithstanding Section 4.03 5.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the a Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 2 contracts

Samples: Custody Agreement (Assetmark Funds), Custody Agreement (Lindner Investments)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any --------------------------- other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 2 contracts

Samples: Custody Agreement (Pc&j Performance Fund), Custody Agreement (Pc&j Preservation Fund /Oh/)

Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed upon receipt of Proper Instructions to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 2 contracts

Samples: Custody Agreement (Advisors' Inner Circle Fund II), Custody Agreement (Advisors Inner Circle Fund)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the each Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 2 contracts

Samples: Custody Agreement (Tocqueville Alexis Trust), Custody Agreement (Tocqueville Trust)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice"street delivery" custom, to deliver such Securities prior to actual receipt of final payment therefor. In any ; provided that in such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any loss arising from the delivery of such Securities prior to receiving payment for the foregoingsuch Securities except as may arise from Custodian's own negligence or willful misconduct.

Appears in 2 contracts

Samples: Custody Agreement (American Eagle Funds Inc), Custody Agreement (Jundt Funds Inc)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. [*] In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Valgro Funds Inc)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Brantley Mezzanine Capital Corp)

Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against 03/21/2017 12 payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (City National Rochdale Select Strategies Fund)

Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the such Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (LKCM Funds)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.final

Appears in 1 contract

Samples: Custodian Agreement (Financial Investors Trust)

Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund Company shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Jensen Quality Growth Fund Inc)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund Trust shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.or

Appears in 1 contract

Samples: Custody Agreement (Coventry Group)

Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities or Loan Documents against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities or Loan Documents prior to actual receipt of final payment therefor. In any such case, the Fund Funds shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (StrongVest ETF Trust)

Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, only when instructed by Fund to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practicepractice for registered investment companies, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Cohen & Steers MLP & Energy Opportunity Fund, Inc.)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund Trust shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian custodian shall have no liability for any for of the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Interactive Investments)

Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.. ETF - 2014

Appears in 1 contract

Samples: Custody Agreement (Plus Trust)

Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the each Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Procure ETF Trust I)

Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Loeb King Trust)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against paymentpayment with respect to a Fund, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Baird Funds Inc)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any --------------------------- other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, ,if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for of the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Msd&t Funds Inc)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise otherwise 4.1 held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Rochdale Structured Claims Fixed Income Fund LLC)

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Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the each applicable Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Ranger Funds Investment Trust)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the a Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Brazos Mutual Funds)

Delivery of Securities Sold. Notwithstanding Section 4.03 5.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund Trust shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for of the foregoing.

Appears in 1 contract

Samples: Mutual Fund Custody Agreement (Gartmore Variable Insurance Trust)

Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, only when instructed by the Company to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practicepractice for registered investment companies, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund Company shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Poliwogg Regenerative Medicine Fund, Inc.)

Delivery of Securities Sold. Notwithstanding Section 4.03 above 2 of this Article IV or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for of the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Alger American Fund)

Delivery of Securities Sold. Notwithstanding Section 4.03 5.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities or Loan Documents against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities or Loan Documents prior to actual receipt of final payment therefor. In any such case, the Fund Funds shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Buffalo Funds)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed by specific Written Instructions from the Trust to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (James Advantage Funds)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practicepractice for investment companies, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund Trust shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for of the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Financial Investors Trust)

Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund or Subsidiary, as applicable, shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Stone Ridge Trust VIII)

Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund Custodian shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian Fund shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (New Covenant Funds)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practicepractice and in a commercially reasonable manner, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (MDT Funds)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or ----------------------------- any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Cm Advisers Family of Funds)

Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.. Execution Copy

Appears in 1 contract

Samples: Custody Agreement (Eagle Series Trust)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment thereforpayment. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Rochdale Core Alternative Strategies Fund LLC)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any --------------------------- other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for of the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Stonebridge Growth Fund Inc)

Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with to the extent required by generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Tuscarora Investment Trust)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund Trust shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Cushing MLP Total Return Fund)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefortherefore. In any such case, the Fund for which such Securities were delivered shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Touchstone Tax Free Trust)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities or Loan Documents against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities (or Loan Documents) prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Kinetics Mutual Funds Inc)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.. PAGE

Appears in 1 contract

Samples: Custody Agreement (Pragma Investment Trust)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision provisions of this Agreement, the Custodian, when instructed by Proper Instructions to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund Trust shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for of the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Summit Investment Trust)

Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities (excluding Loans) against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities (excluding Loans) prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.payment

Appears in 1 contract

Samples: Custody Agreement (XD Fund Trust)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver dell ver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund Trust shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for of the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Coventry Group)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or --------------------------- any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Ayco Series Trust)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund Company shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Tortoise North American Energy Corp)

Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Company and a Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Angel Oak Funds Trust)

Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund Funds shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (ALPS Series Trust)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund in question shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for of the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Perritt Funds Inc)

Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefortherefore. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for of the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Schwartz Investment Trust)

Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed by the Company to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (RBB Fund, Inc.)

Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed by a Fund to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (USFS Funds Trust)

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