Common use of Delivery of Securities Sold Clause in Contracts

Delivery of Securities Sold. Notwithstanding Section 4.3 above or any other provision 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 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, provided it has exercised reasonable care, shall have no liability for any of the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Mercantile Funds Inc)

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Delivery of Securities Sold. Notwithstanding Section 4.3 4.03 above or any other provision of this Agreement, the Custodian, when instructed by Proper Instructions to deliver Securities 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 prior to actual receipt of final payment therefor. In any such case, the Company 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, provided it has exercised reasonable care, Custodian shall have no liability for any of for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (RiverNorth/DoubleLine Strategic Opportunity Fund, Inc.)

Delivery of Securities Sold. Notwithstanding Section 4.3 above or any other provision 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 practicepractices and procedures in the foreign or domestic jurisdiction in which the transaction occurs, to deliver such Securities prior to actual receipt of final payment therefortherefore. In any such case, the Company 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, provided it has exercised reasonable care, Custodian shall have no liability for any of the foregoing.

Appears in 1 contract

Samples: Custody Agreement (National Retail Fund II)

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Delivery of Securities Sold. Notwithstanding Section 4.3 4.03 above or any other provision 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 practicepractice and if such market practice was communicated to the Trust, to deliver such Securities prior to actual receipt of final payment therefor. In any such case, the Company 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, provided it has exercised reasonable care, Custodian shall have no liability for any of for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (VanEck Coastland Online Finance Fund)

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