Delivery of Securities Sold. Notwithstanding Section 4.3 above or any other provision of this Agreement, the Custodian, 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 absent any bad faith, negligence or willful misconduct, the Custodian shall have no liability for any for the foregoing.
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Samples: Custody Agreement (Ccma Select Investment Trust), Custody Agreement (Aha Investment Funds Inc), Custody Agreement (CCM Advisors Funds)
Delivery of Securities Sold. Notwithstanding Section 4.3 4.03 above or any other provision of this Agreement, the Custodian, upon receipt of Proper when instructed in Written Instructions 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 absent any bad faith, negligence or willful misconduct, the Custodian shall have no liability for any for the foregoing.
Appears in 2 contracts
Samples: Custody Agreement (BIP Ventures Evergreen BDC), Custody Agreement (BIP Evergreen Venture Fund)
Delivery of Securities Sold. Notwithstanding Section 4.3 4.03 above or any other provision of this Agreement, the Custodian, upon receipt of Proper Instructions 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 absent any bad faith, negligence or willful misconduct, the Custodian shall have no liability for any for the foregoingforegoing so long as it acted without negligence.
Appears in 2 contracts
Samples: Custody Agreement (Comvest Credit Partners BDC Fund, L.P.), Custody Agreement (Commonwealth Credit Partners BDC I, Inc.)
Delivery of Securities Sold. Notwithstanding Section 4.3 4.03 above or any other provision of this Agreement, the Custodian, upon receipt of Proper Instructions 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 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 absent any bad faith, negligence or willful misconduct, the Custodian shall have no liability for any for the foregoing.
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