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.
Appears in 28 contracts
Samples: Custody Agreement (83 Investment Group Income Fund), Custody Agreement (MidBridge Private Markets Fund), Custody Agreement (Sphinx Opportunity Fund II)
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 (excluding Loans) against payment, shall be entitled, if in accordance with generally accepted market practicepractices and procedures in the foreign or domestic jurisdiction in which the transaction occurs, to deliver such Securities (excluding Loans) prior to actual receipt of final payment therefortherefore. 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 22 contracts
Samples: Custody Agreement (Cross Shore Discovery Fund), Custody Agreement (Arca U.S. Treasury Fund), Custody Agreement (BondHouse 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 (excluding Loans) against payment, shall be entitled, if in accordance with generally accepted market practicepractices and procedures in the foreign or domestic jurisdiction in which the transaction occurs, to deliver such Securities (excluding Loans) 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 22 contracts
Samples: Custody Services Agreement (CAZ Strategic Opportunities Fund), Custody Services Agreement (CAZ Strategic Opportunities Fund), Custody Services Agreement (Zacks Trust)
Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed upon receipt of Proper 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 6 contracts
Samples: Custody Agreement (Ccma Select Investment Trust), Custody Agreement (CCM Advisors Funds), Custody Agreement (Aha Investment Funds Inc)
Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed to by the Company deliver Securities (excluding Loans) or Loan Documents against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities (excluding Loans) 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 (Leuthold Funds Inc), Custody Agreement (RBB Fund, Inc.), 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 to deliver Securities (excluding Loans) or Loan Documents against payment, shall be entitled, if in accordance with generally accepted market practicepractice for registered investment companies, to deliver or ship for delivery such Securities (excluding Loans) 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 2 contracts
Samples: Custody Agreement, Custody Agreement (DoubleLine Income Solutions Fund)
Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, 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 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 4.03 4.3 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 practicepractices and procedures in the foreign or domestic jurisdiction in which the transaction occurs, to deliver such Securities (excluding Loans) 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 2 contracts
Samples: Custody Agreement (Ultimus Managers Trust), Custody Agreement (Cook & Bynum 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 (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 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 4.03 4.3 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 practicepractices and procedures in the foreign or domestic jurisdiction in which the transaction occurs, to deliver such Securities (excluding Loans) prior to actual receipt of final payment therefortherefore. 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 2 contracts
Samples: Custody Agreement (Herzfeld Caribbean Basin Fund Inc), Custody Agreement (Steward Funds, Inc.)
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 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
Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed by Proper 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 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, provided it has exercised reasonable care, shall have no liability for any for of the foregoing.
Appears in 1 contract
Delivery of Securities Sold. Notwithstanding Section 4.03 4.2 above or --------------------------- any other provision of this Agreement, the Custodian, when instructed to deliver Securities (excluding Loans) against payment, shall be entitled, but only if in accordance with generally accepted market practice, to deliver such Securities (excluding Loans) prior to actual receipt of final payment therefortherefor and, exclusively in the case of Securities in physical form, to deliver such Securities prior to receipt of payment. 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 (RBB 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 (excluding Loansor Loan Documents) against payment, shall be entitled, if in accordance with generally accepted market practice, to deliver such Securities (excluding Loansor 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
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 (excluding Loans) against payment, shall be entitled, if in accordance with generally accepted market practicepractices and procedures in the foreign or domestic jurisdiction in which the transaction occurs, to deliver such Securities (excluding Loans) prior to actual receipt of final payment therefortherefore. In any such case, the Fund each Trust shall separately 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
Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities (excluding other than Reconciled Loans) against payment, shall be entitled, if in accordance with generally accepted market practicepractice for registered investment companies, to deliver such Securities (excluding other than Reconciled Loans) 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 1 contract
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 practicepractice and if such market practice was communicated to the Trust, to deliver such Securities (excluding Loans) 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 (VanEck Coastland Online Finance Fund)
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) or Loan Documents against payment, shall be entitled, if in accordance with generally accepted market practicepractice for registered investment companies, to deliver or ship for delivery 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.
Appears in 1 contract
Samples: Custody Agreement (RiverNorth/DoubleLine Strategic Opportunity Fund, Inc.)
Delivery of Securities Sold. Notwithstanding Section 4.03 4.2 above --------------------------- or any other provision of this Agreement, the Custodian, when instructed to deliver Securities (excluding Loans) against payment, shall be entitled, but only if in accordance with generally accepted market practice, to deliver such Securities (excluding Loans) prior to actual receipt of final payment therefortherefor and, exclusively in the case of Securities in physical form, to deliver such Securities prior to receipt of payment. 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 (RBB 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 (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 15 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
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) or Loan Documents 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 (or Loan Documents) 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 (Aegis Funds)
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) or Loan Documents against payment, shall be entitled, if in accordance with generally accepted market practicepractice for registered investment companies, to deliver or ship for delivery such Securities (excluding Loans) or Loan Documents 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 1 contract
Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed by Proper 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 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 Custodian, provided it has exercised reasonable care, shall have no liability for any for of the foregoing.
Appears in 1 contract
Delivery of Securities Sold. Notwithstanding Section 4.03 4.2 above or any --------------------------- other provision of this Agreement, the Custodian, when instructed to deliver Securities (excluding Loans) against payment, shall be entitled, but only if in accordance with generally accepted market practice, to deliver such Securities (excluding Loans) prior to actual receipt of final payment therefortherefor and, exclusively in the case of Securities in physical form, to deliver such Securities prior to receipt of payment. 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 (RBB Fund Inc)