Delivery of Securities. The Custodian shall release and deliver Domestic Securities owned by a Portfolio held by the Custodian, in a U.S. Clearing System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases: (i) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor; (ii) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio; (iii) In the case of a sale effected through a U.S. Clearing System, in accordance with the provisions of Section 3.5 hereof; (iv) To the depository agent in connection with tender or other similar offers for securities of the Portfolio; (v) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian; (vi) To the issuer thereof, or its agent, for transfer into the name of the 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 2.6; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian; (vii) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct; (viii) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian; (ix) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian; (x) For delivery in connection with any loans of securities made by the Portfolio (A) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund; (xi) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio; (xii) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the 1934 Act and a member of 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 on behalf of a Portfolio; (xiii) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEA, relating to compliance with the rules of the CFTC and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio; (xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made; (xv) Upon receipt of instructions from the Fund’s Transfer Agent for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the Portfolio, in satisfaction of requests by holders of Shares for repurchase or redemption; (xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and (xvii) For any other proper purpose, but only upon receipt of Special Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio to be delivered and (B) the person(s) to whom delivery of such securities shall be made.
Appears in 51 contracts
Samples: Custodian Services Agreement (Western Asset Middle Market Debt Fund Inc.), Custodian Services Agreement (ClearBridge Energy MLP Total Return Fund Inc.), Custodian Services Agreement (Legg Mason BW Global Income Opportunities Fund Inc.)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio in accordance with customary or established market practices and receipt procedures, including, without limitation, delivery to the purchaser thereof or to a dealer therefor (or an agent of payment thereforsuch purchaser or dealer) against expectation of receiving later payment;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (Aa) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (Bb) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi11) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA,” formerly known as The National Association of Securities Dealers, Inc.), 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 on behalf of a Portfolio;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (the “CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub(a) Special Sub-Custodians or (b) additional custodians appointed by the Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Fund, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the Fund’s transfer agent (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the “Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi16) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.10 hereof;
17) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund on behalf of the Portfolio; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (Aa) the securities of the Portfolio to be delivered and (Bb) the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 51 contracts
Samples: Master Custodian Agreement (John Hancock Multi Asset Credit Fund), Master Custodian Agreement (Manulife Private Credit Plus Fund), Master Custodian Agreement (Barings Private Credit LLC)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio Fund held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of from the applicable PortfolioFund, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio Fund in accordance with customary or established market practices and receipt procedures, including, without limitation, delivery to the purchaser thereof or to a dealer therefor (or an agent of payment thereforsuch purchaser or dealer) against payment;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the PortfolioFund;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.10 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the PortfolioFund;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.9 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.6Article 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the PortfolioFund, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Fund, but only against receipt of adequate collateral as agreed upon from time to time by the Fund on behalf Custodian and the Fund, which may be in the form of cash or obligations issued by the PortfolioUnited States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio Fund prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing borrowings by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf Fund, but only against receipt of such Portfolioamounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioFund, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority (“FINRA”), 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 on behalf of a PortfolioFund;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioFund, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a PortfolioFund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the transfer agent (“Transfer Agent”) for the Fund’s Transfer Agent , for delivery to such Transfer Agent or to the holders of Shares shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the Portfolio(“Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi15) In For delivery of initial or variation margin in connection with trading in futures and options on futures contracts entered into by the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; andFund;
(xvii16) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio Fund, specifying (A) the securities of the Portfolio Fund to be delivered and (B) naming the person(s) person or persons to whom delivery of such securities shall be made; and;
17) Upon termination of the Contract.
Appears in 50 contracts
Samples: Custodian Contract (Morgan Stanley Institutional Fund Inc), Custodian Contract (Morgan Stanley Institutional Fund Inc), Custodian Contract (Morgan Stanley Institutional Fund Inc)
Delivery of Securities. The Custodian Except as otherwise provided in Subsection 3.5 hereof, the Custodian, upon receipt of Proper Instructions, shall release and deliver Domestic Securities owned by a Portfolio Fund and held by the Custodian, in a U.S. Clearing System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following casescases or as otherwise directed in Proper Instructions:
(ia) Upon except as otherwise provided herein, upon sale of such securities Securities for the account of the Portfolio Fund and receipt by the Custodian, a Subcustodian or a Foreign Custodian of payment therefor;
(iib) Upon upon the receipt of payment by the Custodian, a Subcustodian or a Foreign Custodian in connection with any repurchase agreement related to such securities Securities entered into by the PortfolioFund;
(iiic) In in the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 Subsection 3.8 hereof;
(ivd) To the depository to a tender agent or other authorized agent in connection with (i) a tender or other similar offers offer for securities Securities owned by the Fund, or (ii) a tender offer or repurchase by the Fund of the Portfolioits own Shares;
(ve) To to the issuer thereof or its agent when such securities Securities are called, redeemed, retired or otherwise become payable; provided thatprovided, that in any such case, the cash or other consideration is to be delivered to the Custodian, a Subcustodian or a Foreign Custodian;
(vif) To to the issuer thereof, or its agent, for transfer into the name or nominee name of the Portfolio or into Fund, the name of any or nominee or nominees name of the Custodian or into Custodian, the name or nominee name of any agent Subcustodian or any sub-custodian appointed pursuant to Section 2.6Foreign Custodian; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities Securities are to be delivered to the Custodian, a Subcustodian or Foreign Custodian;
(viig) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, selling the same for examination in accordance with “the "street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viiih) For for exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, or reorganization or readjustment of the securities of the issuer of such securitiesSecurities, or pursuant to provisions for a conversion contained in of such securities, or pursuant to any deposit agreementSecurities; provided that, in any such case, the new securities Securities and cash, if any, are to be delivered to the CustodianCustodian or a Subcustodian;
(ixi) In in the case of warrants, rights or similar securities, the surrender thereof in connection with the exercise of such warrants, rights or similar securities Securities or the surrender of interim receipts or temporary securities Securities for definitive securitiesSecurities; provided that, in any such case, the new securities Securities and cash, if any, are to be delivered to the Custodian, a subcustodian or a Foreign Custodian;
(xj) For for delivery in connection with any loans of securities Securities made by the Portfolio (A) Fund, but only against receipt by the Custodian, a Subcustodian or a Foreign Custodian of adequate collateral as agreed from time to time determined by the Fund on behalf (and identified in Proper Instructions communicated to the Custodian), which may be in the form of cash or obligations issued by the PortfolioUnited States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the account of the Custodian’s account , a Subcustodian or a Foreign Custodian in the Federal Reserve's book-entry system authorized by the U.S. Department of the Treasurysecurities system, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities Securities owned by the Portfolio Fund prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xik) For for delivery as security in connection with any borrowing borrowings by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf Fund, but only against receipt by the Custodian, a Subcustodian or a Foreign Custodian of such Portfolioamounts borrowed;
(xiil) For for delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioFund, the Custodian, a Subcustodian or a Foreign Custodian and a broker-dealer registered under the 1934 Act and a member of the NASD, relating to compliance with the rules of The Options Clearing Corporation registered clearing corporations 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 on behalf of a PortfolioFund;
(xiiim) For for delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioFund, the Custodian, a Subcustodian or a Foreign Custodian and a futures commission merchant registered under the CEAmerchant, relating to compliance with the rules of the CFTC 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 on behalf of a PortfolioFund;
(xivn) Upon upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv) Upon receipt of instructions from the Fund’s Transfer Agent for delivery to such the Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the Portfolio, kind in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xviio) For for any other proper purpose, but only upon receipt of Special Instructions from the Fund on behalf Proper Instructions, and a certified copy of a resolution of the applicable Portfolio Board or of the Executive Committee certified by the Secretary or an Assistant Secretary of the Fund, specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 30 contracts
Samples: Master Custody Agreement (Franklin ETF Trust), Custody Agreement (Franklin Investors Securities Trust), Custody Agreement (Institutional Fiduciary Trust)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (Aa) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (Bb) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi11) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA”, formerly known as The National Association of Securities Dealers, Inc.), 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 on behalf of a Portfolio;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (the “CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub(a) Special Sub-Custodians or (b) additional custodians appointed by the Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Fund, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the Fund’s transfer agent (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the “Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi16) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.10 hereof;
17) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund on behalf of the Portfolio; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (Aa) the securities of the Portfolio to be delivered and (Bb) the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 24 contracts
Samples: Master Custodian Agreement (Allspring Funds Trust), Master Custodian Agreement (Allspring Funds Trust), Master Custodian Agreement (Allspring Master Trust)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities owned by a Portfolio held by the Custodian, in a U.S. Clearing System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii) In the case of a sale effected through a U.S. Clearing System, in accordance with the provisions of Section 3.5 hereof;
(iv) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi) To the issuer thereof, or its agent, for transfer into the name of the 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 2.6; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x) For delivery in connection with any loans of securities made by the Portfolio under a securities lending agreement (A) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Written Instructions (which may or may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund);
(xi) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio, but only against receipt of amounts borrowed;
(xii) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the a Portfolio, the Custodian and a broker-dealer registered under the 1934 Act and a member of the NASDFINRA, 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 on behalf of a such Portfolio;
(xiii) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the a Portfolio, the Custodian, and a futures commission merchant registered under the CEA, relating to compliance with the rules of the CFTC and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a such Portfolio;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b)), as set forth in written Proper Written Instructions, provided that such Proper Written Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv) Upon receipt of instructions from the Fund’s Transfer Agent for delivery to such Transfer Agent or to the holders of Shares in connection with distributions or redemptions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the a Portfolio, in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii) For any other proper purpose, but only upon receipt of Special Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio to be delivered and (B) the person(s) to whom delivery of such securities shall be made.
Appears in 23 contracts
Samples: Custodian Services Agreement, Custodian Services Agreement (Western Asset Emerging Markets Debt Fund Inc.), Custodian Services Agreement (Western Asset Global High Income Fund Inc.)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities owned by a Portfolio held by the Custodian, or in a U.S. Clearing System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions (other than those actions which are expressly permitted to be taken without Proper Instructions under Section 2.7 hereof) on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i) Upon sale of such securities for the account of the Portfolio and receipt of payment therefortherefor as provided in this Agreement;
(ii) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii) In the case of a sale effected through a U.S. Clearing System, in accordance with the provisions of Section 3.5 hereof;
(iv) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi) To the issuer thereof, or its agent, for transfer into the name of the 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 2.6; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x) For delivery in connection with any loans of securities made by the Portfolio (A) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, will not be held liable or responsible for the delivery of under a securities owned by the Portfolio prior to the receipt of such collateral or (B) lending agreement to the lending agent, or the lending agent’s custodian, in accordance with written Proper Written Instructions (which provided that the applicable Fund executes such agreement as the Custodian may not provide for the receipt reasonably require in connection with such arrangement, in such form as shall be reasonably negotiated by the Custodian of collateral therefor) agreed upon from time to time by Custodian, the Custodian lending agent and the applicable Fund);
(xi) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio, but only against receipt of amounts borrowed;
(xii) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the a Portfolio, the Custodian and a broker-dealer registered under the 1934 Act and a member of the NASDdealer, relating to compliance with the rules of The Options Clearing Corporation and or 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 on behalf of a such Portfolio;
(xiii) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the a Portfolio, the Custodian, and a futures commission merchant registered under the CEAmerchant, relating to compliance with the rules of the CFTC and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a such Portfolio;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b)), as set forth in written Proper Written Instructions, provided that such Proper Written Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv) Upon receipt of instructions from the Fund’s Transfer Agent for For delivery to such the Portfolio’s Transfer Agent or to the holders of Shares in connection with distributions or redemptions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the Portfolio, kind in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii) For any other proper purpose, but only upon receipt of Special Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities Domestic Securities of the Portfolio to be delivered and (B) the person(s) to whom delivery of such securities shall be made.
Appears in 21 contracts
Samples: Custodian Services Agreement (Western Asset Global High Income Fund Inc.), Custodian Services Agreement (Western Asset Managed Municipals Fund Inc.), Custodian Services Agreement (Western Asset High Income Fund Ii Inc.)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.9 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.8 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (Bcollateral;
11) For delivery in connection with any loans of securities made by a Fund on behalf of a Portfolio to the a third-party lending agent, or the lending agent’s 's custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the FundFund on behalf of the Portfolio;
(xi12) For the payment of initial or variation margin in connection with trading in futures and options on futures contracts;
13) For delivery as security in connection with any borrowing by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio, but only against receipt of amounts borrowed;
(xii14) For delivery in accordance with the provisions of any agreement among the a Fund on behalf of the a Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "Exchange Act") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf of a Portfolio;
(xiii15) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the a Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission ("CFTC") and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv16) Upon receipt of instructions from the Fund’s transfer agent for the Fund (the "Transfer Agent Agent") for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the "Prospectus"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi17) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.14 hereof; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio to be delivered and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 19 contracts
Samples: Master Custodian Agreement (Scudder Money Market Trust), Master Custodian Agreement (Scudder Tax Free Money Fund), Master Custodian Agreement (DWS Funds Trust)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio and held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian, which account shall not include any assets of the Custodian other than assets held as a fiduciary, custodian or otherwise for its customers ("U.S. Securities System Account") or in an the Custodian's Direct Paper book-entry system account, which account at shall not include any assets of the Underlying Transfer AgentCustodian other than assets held as a fiduciary, custodian or otherwise for its customers ("Direct Paper System Account") only upon receipt of Proper Instructions from the Fund on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.10 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.9 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.6Article 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that that, in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the 's U.S. Department of the TreasurySecurities System Account, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing borrowings by a the Fund on behalf of a the Portfolio requiring a pledge of assets by the Fund on behalf of such the Portfolio, but only against receipt of amounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "Exchange Act") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf Portfolio of a Portfoliothe Fund;
(xiii13) For delivery in accordance with the provisions of any agreement among a the Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf Portfolio of a Portfoliothe Fund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the Fund’s transfer agent for the Fund (the "Transfer Agent Agent"), for delivery to such Transfer Agent or to the holders of Shares shares in connection with distributions in kind, as may be described from time to time in the Fund's currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the "Prospectus"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii15) For any other proper corporate purpose, but only upon receipt of Special of, in addition to Proper Instructions from the Fund on behalf of the applicable Portfolio Portfolio, a certified copy of a resolution of the Board of Trustees or of the executive committee thereof signed by an officer of the Fund and certified by the Fund's Secretary or Assistant Secretary specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper corporate purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 18 contracts
Samples: Custodian Contract (Investors Cash Trust), Custodian Contract (Scudder Value Series Inc), Custodian Contract (Zurich Yieldwise Money Fund)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an the Custodian’s Direct Paper book entry system account at the Underlying Transfer Agent, (“Direct Paper System Account”) only upon receipt of Proper Instructions from the Fund on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.10 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.9 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.6Article 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing borrowings by a the Fund on behalf of a the Portfolio requiring a pledge of assets by the Fund on behalf of such the Portfolio, but only against receipt of amounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the The National Association of Securities Dealers, Inc. (“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 on behalf Portfolio of a Portfoliothe Fund;
(xiii13) For delivery in accordance with the provisions of any agreement among a the Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (“CFTC”) and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf Portfolio of a Portfoliothe Fund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the Fund’s transfer agent for the Fund (“Transfer Agent Agent”), for delivery to such Transfer Agent or to the holders of Shares shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund Fund, related to the PortfolioPortfolio (“Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii15) For delivery of initial or variation margin in connection with trading in futures and options on futures contracts entered into by the Fund on behalf of a Portfolio; and
16) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund Fund, on behalf of the applicable Portfolio Portfolio, specifying (A) the securities of the Portfolio to be delivered and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 17 contracts
Samples: Master Custodian Contract (Aim Variable Insurance Funds (Invesco Variable Insurance Funds)), Master Custodian Contract (Aim Counselor Series Trust (Invesco Counselor Series Trust)), Master Custodian Contract (Invesco High Income 2024 Target Term Fund)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.9 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.8 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (Bcollateral;
11) For delivery in connection with any loans of securities made by a Fund on behalf of a Portfolio to the a third-party lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the FundFund on behalf of the Portfolio;
(xi12) For the payment of initial or variation margin in connection with trading in futures and options on futures contracts;
13) For delivery as security in connection with any borrowing by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio, but only against receipt of amounts borrowed;
(xii14) For delivery in accordance with the provisions of any agreement among the a Fund on behalf of the a Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the The National Association of Securities Dealers, Inc. (“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 on behalf of a Portfolio;
(xiii15) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the a Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (“CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv16) Upon receipt of instructions from the Fund’s transfer agent for the Fund (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the “Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi17) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.14 hereof; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio to be delivered and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 11 contracts
Samples: Master Custodian Agreement (Scudder Equity 500 Index Portfolio), Master Custodian Agreement (Scudder Advisor Funds Ii), Master Custodian Agreement (DWS Money Market Trust)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.9 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.8 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (Bcollateral;
11) For delivery in connection with any loans of securities made by a Fund on behalf of a Portfolio to the a third-party lending agent, or the lending agent’s 's custodian, in accordance with written Proper Instructions (which may or may not provide for the receipt by the Custodian of collateral therefor) ), as agreed upon from time to time by the Custodian and the FundFund on behalf of the Portfolio;
(xi12) For the payment of initial or variation margin in connection with trading in futures and options on futures contracts;
13) For delivery as security in connection with any borrowing by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio, but only against receipt of amounts borrowed;
(xii14) For delivery in accordance with the provisions of any agreement among the a Fund on behalf of the a Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "Exchange Act") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf of a Portfolio;
(xiii15) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the a Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission ("CFTC") and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv16) Upon receipt of instructions from the Fund’s transfer agent for the Fund (the "Transfer Agent Agent") for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the "Prospectus"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi17) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.14 hereof; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio to be delivered and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 9 contracts
Samples: Master Custodian Agreement (DWS Value Series, Inc), Master Custodian Agreement (Scudder Variable Series Ii), Master Custodian Agreement (Scudder Variable Series Ii)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an the Custodian's Direct Paper book entry system account at the Underlying Transfer Agent, ("Direct Paper System Account") only upon receipt of Proper Instructions from the Fund on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.10 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.9 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.6Article 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x) For delivery in connection with any loans of securities made by the Portfolio (A) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio;
(xii) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the 1934 Act and a member of 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 on behalf of a Portfolio;
(xiii) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEA, relating to compliance with the rules of the CFTC and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv) Upon receipt of instructions from the Fund’s Transfer Agent for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the Portfolio, in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii) For any other proper purpose, but only upon receipt of Special Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio to be delivered and (B) the person(s) to whom delivery of such securities shall be made.such
Appears in 9 contracts
Samples: Master Custodian Contract (Aim Summit Fund Inc), Master Custodian Contract (Aim Funds Group/De), Master Custodian Contract (Aim Advisor Funds Inc)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio in accordance with customary or established market practices and receipt procedures, including, without limitation, delivery to the purchaser thereof or to a dealer therefor (or an agent of payment thereforsuch purchaser or dealer) against expectation of receiving later payment;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (Aa) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (Bb) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may need not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi11) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA,” formerly known as The National Association of Securities Dealers, Inc.), 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 on behalf of a Portfolio;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (the “CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub(a) Special Sub-Custodians or (b) additional custodians appointed by the Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Fund, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the Fund’s transfer agent (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the “Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi16) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.10 hereof;
17) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund on behalf of the Portfolio; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (Aa) the securities of the Portfolio to be delivered and (Bb) the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 9 contracts
Samples: Master Custodian Agreement (Vanguard Institutional Index Funds), Master Custodian Agreement (Vanguard New York Tax-Free Funds), Master Custodian Agreement (Vanguard Ohio Tax-Free Funds)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities owned by a Portfolio held by the Custodian, in a U.S. Clearing System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii) In the case of a sale effected through a U.S. Clearing System, in accordance with the provisions of Section 3.5 hereof;
(iv) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi) To the issuer thereof, or its agent, for transfer into the name of the 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 2.6; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x) For delivery in connection with any loans of securities made by the Portfolio (A) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s 's custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio;
(xii) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the 1934 Act and a member of 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 on behalf of a Portfolio;
(xiii) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEA, relating to compliance with the rules of the CFTC and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv) Upon receipt of instructions from the Fund’s 's Transfer Agent for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the Portfolio, in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii) For any other proper purpose, but only upon receipt of Special Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio to be delivered and (B) the person(s) to whom delivery of such securities shall be made.
Appears in 9 contracts
Samples: Custodian Services Agreement (Legg Mason Partners Oregon Municipals Fund), Custodian Services Agreement (Legg Mason Partners California Municipals Fund, Inc), Custodian Services Agreement (Citifunds Institutional Trust)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio in accordance with customary or established market practices and receipt procedures, including, without limitation, delivery to the purchaser thereof or to a dealer therefor (or an agent of payment thereforsuch purchaser or dealer) against expectation of receiving later payment;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and and/or cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and and/or cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (Aa) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (Bb) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi11) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA,” formerly known as The National Association of Securities Dealers, Inc.), 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 on behalf of a Portfolio;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (the “CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub(a) Special Sub-Custodians or (b) additional custodians appointed by the Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Fund, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the Fund or the Fund’s transfer agent (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the “Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi16) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.10 hereof;
17) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund on behalf of the Portfolio; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (Aa) the securities of the Portfolio to be delivered and (Bb) the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 9 contracts
Samples: Master Custodian Agreement (Calamos Antetokounmpo Sustainable Equities Trust), Master Custodian Agreement (Calamos Global Convertible & Dynamic Income Trust), Master Custodian Agreement (Calamos Global Dynamic Income Fund)
Delivery of Securities. The Custodian agrees to transfer, exchange or deliver Securities as provided in Article 7, or on receipt by it of, and in accordance with, a Written Order from the Fund in which the Fund shall release and deliver Domestic Securities owned by a Portfolio held by the Custodian, in a U.S. Clearing System account state specifically which of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following casescases is covered thereby:
(ia) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii) In the case of deliveries of Securities sold by the Fund, against receipt by the Custodian of the proceeds of sale and after receipt of a sale effected through confirmation from a U.S. Clearing Systembroker or dealer (or, in accordance with industry practice with respect to "same day trades," acceptance of delivery of such securities by the provisions of Section 3.5 hereofbroker or dealer, which acceptance is followed up by confirmation thereof within the normal settlement period) with respect to the transaction;
(ivb) To in the depository agent in connection with tender case of deliveries of Securities which may mature or other similar offers for securities of the Portfolio;
(v) To the issuer thereof or its agent when such securities are be called, redeemed, retired or otherwise become payable; provided that, in any such case, against receipt by the cash Custodian of the sums payable thereon or against interim receipts or other consideration is proper delivery receipts;
(c) in the case of deliveries of Securities which are to be transferred to and registered in the name of the Fund or of a nominee of the Custodian and delivered to the Custodian for the account of the Series, against receipt by the Custodian of interim receipts or other proper delivery receipts;
(d) in the case of deliveries of Securities to the issuer thereof, its transfer agent or other proper agent, or to any committee or other organization for exchange for other Securities to be delivered to the CustodianCustodian in connection with a reorganization or recapitalization of the issuer or any split-up or similar transaction involving such Securities, against receipt by the Custodian of such other Securities or against interim receipts or other proper delivery receipts;
(vie) To in the issuer thereofcase of deliveries of temporary certificates in exchange for permanent certificates, or its agent, for transfer into the name of the Portfolio or into the name of any nominee or nominees of against receipt by the Custodian or into the name or nominee name of any agent or any sub-custodian appointed pursuant to Section 2.6; or for exchange for a different number of bonds, such permanent certificates or against interim receipts or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodianproper delivery receipts;
(viif) Upon in the sale case of deliveries of Securities upon conversion thereof into other Securities, against receipt by the Custodian of such securities for the account of the Portfolio, to the broker other Securities or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility interim receipts or liability for any loss arising from the other proper delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconductreceipts;
(viiig) For in the case of deliveries of Securities in exchange for other Securities (whether or conversion pursuant to any plan not such transactions also involve the receipt or payment of mergercash), consolidation, recapitalization, reorganization or readjustment of against receipt by the securities of the issuer Custodian of such securities, other Securities or pursuant to provisions for conversion contained in such securities, against interim receipts or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodianother proper delivery receipts;
(ixh) In in the case of warrants, rights or similar securitiesSecurities, the surrender thereof in the exercise of such warrants, rights or similar securities Securities or the surrender of interim receipts or temporary securities Securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the CustodianSecurities;
(xi) For for delivery in connection with any loans of securities made by the Portfolio (A) Fund for the benefit of any Series, but only against receipt of adequate collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xij) For for delivery as security in connection with any borrowing borrowings by a the Fund on behalf for the benefit of a Portfolio any Series requiring a pledge of assets by from the Fund on behalf applicable Series, but only against receipt of such Portfolioamounts borrowed;
(xiik) For for delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioFund, the Custodian and a bank, broker-dealer registered under the 1934 Act and a member of the NASD, or futures commission merchant relating to compliance with the applicable rules of The Options Clearing Corporation and of any registered national securities exchangeregulations regarding account deposits, or of any similar organization or organizations, regarding escrow or other arrangements in connection with transactions by the Fund on behalf for the benefit of a Portfolioany Series;
(xiiil) For delivery in accordance with a case not covered by the provisions preceding paragraphs of any agreement among this Article, upon receipt of a Fund on behalf resolution adopted by the Board of Directors of the PortfolioFund, signed by an officer of the Fund and certified to by the Secretary, specifying the Securities and assets to be transferred, exchanged or delivered, the Custodianpurposes for which such delivery is being made, declaring such purposes to be proper corporate purposes, and naming a futures commission merchant registered under the CEA, relating to compliance with the rules person or persons (each of whom shall be a properly bonded officer or employee of the CFTC and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(sFund) to whom such transfer, exchange or delivery of such securities shall is to be made;
(xv) Upon receipt of instructions from the Fund’s Transfer Agent for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the Portfolio, in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xviim) For any other proper purposein the case of deliveries pursuant to paragraphs (a) through (k) above, but only upon receipt of Special Instructions the Written Order from the Fund on behalf shall direct that the proceeds of the applicable Portfolio specifying (A) the securities any Securities delivered, or Securities or other assets exchanged for or in lieu of the Portfolio Securities so delivered, are to be delivered and (B) to the person(s) to whom delivery of such securities shall be madeCustodian.
Appears in 9 contracts
Samples: Custodian Agreement (Fortis Income Portfolios Inc), Custodian Agreement (Fortis Equity Portfolios Inc), Custodian Agreement (Fortis Tax Free Portfolios Inc)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.9 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.8 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (Bcollateral;
11) For delivery in connection with any loans of securities made by a Fund on behalf of a Portfolio to the a third-party lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the FundFund on behalf of the Portfolio;
(xi12) For the payment of initial or variation margin in connection with trading in futures and options on futures contracts;
13) For delivery as security in connection with any borrowing by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio, but only against receipt of amounts borrowed;
(xii14) For delivery in accordance with the provisions of any agreement among the a Fund on behalf of the a Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA,” formerly known as The National Association of Securities Dealers, Inc.), 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 on behalf of a Portfolio;
(xiii15) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the a Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (“CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv16) Upon receipt of instructions from the Fund’s transfer agent for the Fund (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the “Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi17) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.14 hereof; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio to be delivered and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 7 contracts
Samples: Master Custodian Agreement (DWS Investment Trust), Master Custodian Agreement (DWS Target Date Series), Master Custodian Agreement (DWS Target Fund)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio in accordance with customary or established market practices and receipt procedures, including, without limitation, delivery to the purchaser thereof or to a dealer therefor (or an agent of payment thereforsuch purchaser or dealer) against expectation of receiving later payment;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the 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 2.62.7 or into the name or nominee name of any sub‑custodian appointed pursuant to Section 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (Aa) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry book‑entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (Bb) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may need not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi11) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer broker‑dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA,” formerly known as The National Association of Securities Dealers, Inc.), 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 on behalf of a Portfolio;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (the “CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub(a) Special Sub-Custodians or (b) additional custodians appointed by the Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Fund, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the Fund’s transfer agent (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the “Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi16) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.10 hereof;
17) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund on behalf of the Portfolio; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (Aa) the securities of the Portfolio to be delivered and (Bb) the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 7 contracts
Samples: Master Custodian Agreement (Vanguard Institutional Index Funds), Master Custodian Agreement (Vanguard Florida Tax-Free Funds), Master Custodian Agreement (Vanguard California Tax-Free Funds)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio the Fund held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio Fund and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the PortfolioFund;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the PortfolioFund;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the PortfolioFund, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio Fund (Aa) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfoliocollateral, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio Fund prior to the receipt of such collateral or (Bb) to the lending agent, or the lending agent’s 's custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi11) For delivery as security in connection with any borrowing by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf Fund, but only against receipt of such Portfolioamounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioFund, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "Exchange Act") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf of a PortfolioFund;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioFund, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission ("CFTC") and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a PortfolioFund;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub(a) Special Sub-Custodians or (b) additional custodians appointed by a Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant to Section 2.6(bofficer of such Fund, for the purpose of engaging in repurchase agreement transaction(s), each a "Repo Custodian"), and prior to receipt of payment therefor, only as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a "Free Trade"), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio Fund to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the Fund’s transfer agent for the Fund (the "Transfer Agent Agent") for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund's currently effective prospectus and statement of additional information of (the Fund related to the Portfolio"Prospectus"), in satisfaction of requests by holders of Shares for repurchase or redemption;; and
(xvi16) In the case of a sale processed through the Underlying Transfer Agent for or Underlying Fund Shares, in accordance with Section 3.7 2.10 hereof; and;
(xvii17) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio Fund to be delivered and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 7 contracts
Samples: Custodian Agreement (Pimco New York Municipal Income Fund Ii), Custodian Agreement (Pimco New York Municipal Income Fund Iii), Custodian Agreement (Pimco California Municipal Income Fund Iii)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio Fund held by the Custodian, in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon the sale of such securities for the account of a Fund in accordance with customary or established market practices and procedures, including, without limitation, delivery to the Portfolio and receipt purchaser thereof or to a dealer therefor (or an agent of payment thereforsuch purchaser or dealer) against expectation of receiving later payment;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolioa Fund;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the PortfolioFund;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio a 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolioa Fund, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio a Fund (Aa) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolioa Fund, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio a Fund prior to the receipt of such collateral or (Bb) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the a Fund;
(xi11) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolioa Fund;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolioa Fund, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”), and a member of the NASDThe Financial Industry Regulatory Authority, Inc. (“FINRA,” formerly known as The National Association of Securities Dealers, Inc.), 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 on behalf of a PortfolioFund;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioFund, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (the “CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a PortfolioFund;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub(a) Special Sub-Custodians or (b) additional custodians appointed by the Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Fund, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio Fund to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the a Fund or a Fund’s transfer agent (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioFund (the “Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi16) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.10 hereof;
17) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by a Fund; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the a Fund on behalf of the applicable Portfolio specifying (Aa) the securities of the Portfolio Fund to be delivered and (Bb) the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 6 contracts
Samples: Master Custodian Agreement (FS Multi-Alternative Income Fund), Master Custodian Agreement (FS Series Trust), Master Custodian Agreement (FS Series Trust)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an the Custodian's Direct Paper book entry system account at the Underlying Transfer Agent, ("Direct Paper System Account") only upon receipt of Proper Instructions from the Fund on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.10 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.9 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.6Article 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided PROVIDED that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, BUT ONLY against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing borrowings by a the Fund on behalf of a the Portfolio requiring a pledge of assets by the Fund on behalf of such the Portfolio, BUT ONLY against receipt of amounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "Exchange Act") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf Portfolio of a Portfoliothe Fund;
(xiii13) For delivery in accordance with the provisions of any agreement among a the Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf Portfolio of a Portfoliothe Fund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the transfer agent ("Transfer Agent") for the Fund’s Transfer Agent , for delivery to such Transfer Agent or to the holders of Shares shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund Fund, related to the PortfolioPortfolio ("Prospectus"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii15) For any other proper corporate purpose, but only BUT ONLY upon receipt of Special of, in addition to Proper Instructions from the Fund on behalf of the applicable Portfolio Portfolio, a certified copy of a resolution of the Board of Directors or of the Executive Committee signed by an officer of the Fund and certified by the Secretary or an Assistant Secretary, specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper corporate purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 5 contracts
Samples: Custodian Contract (Hartford Advisors HLS Fund Inc), Custodian Contract (Hartford Series Fund Inc), Custodian Agreement (Hartford Series Fund Inc)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio the Fund held by the Custodian, in a U.S. Clearing Securities System account of the Custodian Custodian, or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio Fund and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the PortfolioFund;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the PortfolioFund;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the PortfolioFund, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence negligence, negligent failure to act or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Fund, but only against receipt of adequate collateral as agreed upon from time to time by the Fund on behalf Custodian and the Fund, which may be in the form of cash or obligations issued by the PortfolioUnited States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio Fund prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf Fund, but only against receipt of such Portfolioamounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioFund, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA”), 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 on behalf of a PortfolioFund;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioFund, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (“CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a PortfolioFund;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-additional custodians appointed by the Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Fund, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio Fund to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the Fund’s transfer agent for the Fund (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund’s currently effective prospectus and statement of additional information of (the Fund related to the Portfolio“Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi16) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund;
17) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.13 hereof; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio Fund to be delivered and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 5 contracts
Samples: Custodian Agreement (Owl Rock Technology Finance Corp. II), Custodian Agreement (Owl Rock Core Income Corp.), Custodian Agreement (Owl Rock Capital Corp III)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio the Company held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon the sale of such securities for the account of the Portfolio Company and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the PortfolioCompany;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for portfolio securities of owned by the PortfolioCompany;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio Company 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided provided, that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the PortfolioCompany, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x) For delivery in connection with any loans of securities made by the Portfolio (A) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi10) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio the Company requiring a pledge of assets by the Fund on behalf Company provided, however, that securities shall be released only upon payment to the Company of such Portfoliothe monies borrowed, except that in cases where additional collateral is required to secure a borrowing already made subject to proper prior authorization, further securities may be released for that purpose upon receipt of Proper Instructions;
(xii11) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioCompany, the Custodian and a broker-dealer registered under the 1934 Act and which is a member of the NASDThe Financial Industry Regulatory Authority, Inc. (“FINRA”), 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 on behalf of a PortfolioCompany;
(xiii12) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioCompany, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (“CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a PortfolioCompany;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv13) Upon receipt of instructions from the Fund’s transfer agent or registrar of the Company, if any (“Transfer Agent Agent”), or from the Company, if there is no such Transfer Agent, for delivery to such Transfer Agent or to the holders of Shares shares of the Company’s common stock (“Shares”) in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the Portfolio, in satisfaction of requests by holders of Shares for repurchase or redemptionredemption by the Company;
(xvi14) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.11 hereof;
15) For delivery to a broker in connection with the broker’s custody of margin collateral relating to futures or options on futures contracts; and
(xvii16) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (Aa) the securities of the Portfolio to be delivered and (Bb) the person(s) to whom delivery of such securities shall be made.
Appears in 5 contracts
Samples: Custodian Agreement (FS Investment Corp III), Custodian Agreement (FS Investment Corp III), Custodian Agreement (FS Investment Corp II)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities owned by a Portfolio held by the Custodian, in a U.S. Clearing System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii) In the case of a sale effected through a U.S. Clearing System, in accordance with the provisions of Section 3.5 hereof;
(iv) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi) To the issuer thereof, or its agent, for transfer into the name of the 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 2.6; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x) For delivery in connection with any loans of securities made by the Portfolio (A) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio;
(xii) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the 1934 Act and a member of 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 on behalf of a Portfolio;
(xiii) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEA, relating to compliance with the rules of the CFTC and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv) Upon receipt of instructions from the Fund’s Transfer Agent for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the Portfolio, in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii) For any other proper purpose, but only upon receipt of Special Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio to be delivered and (B) the person(s) to whom delivery of such securities shall be made.
Appears in 5 contracts
Samples: Custodian Services Agreement (Smith Barney Sector Series Inc.), Custodian Services Agreement (Variable Annuity Portfolios), Custodian Services Agreement (Salomon Brothers Fund Inc /De/)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio in accordance with customary or established market practices and receipt procedures, including, without limitation, delivery to the purchaser thereof or to a dealer therefor (or an agent of payment thereforsuch purchaser or dealer) against expectation of receiving later payment;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (Aa) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (Bb) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi11) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such PortfolioPortfolio but only against receipt of amounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA”, formerly known as The National Association of Securities Dealers, Inc.), 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 on behalf of a Portfolio;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (the “CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub(a) Special Sub-Custodians or (b) additional custodians appointed by the Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Fund, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xy) the securities of the Portfolio to be delivered and (yz) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the Fund’s transfer agent (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the “Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi16) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.10 hereof;
17) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund on behalf of the Portfolio; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (Aa) the securities of the Portfolio to be delivered and (Bb) the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 5 contracts
Samples: Master Custodian Agreement (PPM Funds), Master Custodian Agreement (JNL Investors Series Trust), Master Custodian Agreement (JNL Variable Fund LLC)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio the Trust held by the Custodian, in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio Trust and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the PortfolioTrust;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for portfolio securities of the PortfolioTrust;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio Trust 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided provided, that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the PortfolioTrust, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own gross negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio Trust, (Aa) against receipt of collateral as agreed upon from time to time by the Fund on behalf of the PortfolioTrust, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio Trust prior to the receipt of such collateral or (Bb) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the FundTrust;
(xi11) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio the Trust requiring a pledge of assets by the Fund on behalf of such PortfolioTrust;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioTrust, the Custodian and a broker-dealer registered under the 1934 Act and which is a member of the NASDThe Financial Regulatory Authority (“FINRA”), 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 on behalf of a PortfolioTrust;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioTrust, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (“CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a PortfolioTrust;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub(a) Special Sub-Custodians or (b) additional custodians appointed by the Trust, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of Nuveen Commodities Asset Management, LLC, acting as the manager of the Trust (the “Manager”), for the purpose of engaging in repurchase agreement transaction(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, if any, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio Trust to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the Fund’s transfer agent or registrar of the Trust, if any (“Transfer Agent Agent”), or from the Trust, if there is no such Transfer Agent, for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the Portfolio, in satisfaction of requests by holders of Shares for repurchase or redemptionwithdrawal of their Shares;
(xvi16) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.10 hereof;
17) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Trust; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (Aa) the securities of the Portfolio to be delivered and (Bb) the person(s) to whom delivery of such securities shall be made.
Appears in 4 contracts
Samples: Custodian Agreement (Nuveen Long/Short Commodity Total Return Fund), Custodian Agreement (Nuveen Long/Short Commodity Total Return Fund), Custodian Agreement (Nuveen Diversified Commodity Fund)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an the Custodian's Direct Paper book entry system account at the Underlying Transfer Agent, ("DIRECT PAPER SYSTEM ACCOUNT") only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided PROVIDED that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, BUT ONLY against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing by a the Fund on behalf of a the Portfolio requiring a pledge of assets by the Fund on behalf of such the Portfolio, BUT ONLY against receipt of amounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "EXCHANGE ACT") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf Portfolio of a Portfoliothe Fund;
(xiii13) For delivery in accordance with the provisions of any agreement among a the Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf Portfolio of a Portfoliothe Fund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the Fund’s Transfer Agent transfer agent for the Fund (the "TRANSFER AGENT") for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the "PROSPECTUS"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii15) For any other proper purpose, but only BUT ONLY upon receipt of Special of, in addition to Proper Instructions from the Fund on behalf of the applicable Portfolio Portfolio, a copy of a resolution of the Board or of the Executive Committee thereof signed by an officer of the Fund and certified by the Secretary or an Assistant Secretary thereof (a "CERTIFIED RESOLUTION"), specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper trust purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 4 contracts
Samples: Custodian Agreement (First Funds), Custodian Agreement (White Elk Funds), Custodian Agreement (White Elk Funds)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio the Fund held by the Custodian, in a U.S. Clearing Securities System account of the Custodian Custodian, or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio Fund and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the PortfolioFund;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the PortfolioFund;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the PortfolioFund, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Fund, but only against receipt of adequate collateral as agreed upon from time to time by the Fund on behalf Custodian and the Fund, which may be in the form of cash or obligations issued by the PortfolioUnited States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio Fund prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf Fund, but only against receipt of such Portfolioamounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioFund, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA”, formerly known as The National Association of Securities Dealers, Inc.), 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 on behalf of a PortfolioFund;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioFund, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (“CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a PortfolioFund;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-additional custodians appointed by the Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Fund, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio Fund to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the Fund’s transfer agent for the Fund (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund’s currently effective prospectus and statement of additional information of (the Fund related to the Portfolio“Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi16) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund;
17) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.13 hereof; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio Fund to be delivered and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 4 contracts
Samples: Custodian Agreement (Alcentra Capital Corp), Custodian Agreement (CM Finance Inc), Custodian Agreement (TPG Specialty Lending, Inc.)
Delivery of Securities. (a) Delivery of Securities to the Custodian shall be in Street Name or other good delivery form.
(b) The Custodian shall release and deliver Domestic deliver, or direct its agents or sub-custodians to release and deliver, as the case may be, Securities owned by a Portfolio of the Company held by the Custodian, in a U.S. Clearing System account of the Custodian its agents or in an account at the Underlying Transfer Agent, only its sub-custodians from time to time upon receipt of Proper Instructions on behalf of (which shall, among other things specify the applicable PortfolioSecurities to be released, with such delivery and other information as may be necessary to enable the Custodian to perform), which may be continuing standing instructions when deemed appropriate by (in form acceptable to the parties, and only Custodian) in the following cases:
(i) Upon upon sale of such securities for the account Securities by or on behalf of the Portfolio Company and, unless otherwise directed by Proper Instructions:
(A) in accordance with the customary or established practices and receipt procedures in the jurisdiction or market where the transactions occur, including delivery to the purchaser thereof or to a dealer therefor (or an agent of payment thereforsuch purchaser or dealer) against expectation of receiving later payment; or
(B) in the case of a sale effected through a Securities System, in accordance with the rules governing the operations of the securities System;
(ii) Upon upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfoliosecurities;
(iii) In to the case of a sale effected through a U.S. Clearing System, in accordance with the provisions of Section 3.5 hereof;
(iv) To the depository depositary agent in connection with tender or other similar offers for securities of the Portfoliosecurities;
(viv) To to the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such casepayable (unless otherwise directed by Proper Instructions, the cash or other consideration is to be delivered to the Custodian, its agents or its sub-custodians);
(viv) To the to an issuer thereof, or its agent, for transfer into the name of the Portfolio Custodian or into the name of any nominee or nominees of the Custodian or into the name or nominee name of any agent of its agents or any sub-custodian appointed pursuant to Section 2.6; custodians or their nominees or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, ;
(vi) to brokers clearing banks or other clearing agents for examination in any such case, accordance with the new securities are to be delivered to the CustodianStreet Delivery Custom;
(vii) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such caseagreement (unless otherwise directed by Proper Instructions, the new securities and cash, if any, are to be delivered to the Custodian, its agents or its sub-custodians);
(ixviii) In in the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such casesecurities (unless otherwise directed by Proper Instructions, the new securities and cash, if any, are to be delivered to the Custodian;, its agents or its sub-custodians); and/or
(xix) For delivery in connection with any loans of securities made by the Portfolio (A) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio;
(xii) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the 1934 Act and a member of 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 on behalf of a Portfolio;
(xiii) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEA, relating to compliance with the rules of the CFTC and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv) Upon receipt of instructions from the Fund’s Transfer Agent for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the Portfolio, in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii) For any other proper purpose, but only upon receipt of Special Proper Instructions from specifying the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio Securities to be delivered and (B) naming the person(s) Person or Persons to whom delivery of such securities Securities shall be made.
Appears in 4 contracts
Samples: Custodian Agreement (GSC Investment LLC), Custodian Agreement (Ares Capital Corp), Custodian Agreement (Kohlberg Capital, LLC)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in the Custodian's Direct Paper book entry system account ("Direct Paper System Account") or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions from the Fund on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.10 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.9 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.6Article 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing borrowings by a the Fund on behalf of a the Portfolio requiring a pledge of assets by the Fund on behalf of such the Portfolio, but only against receipt of amounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "Exchange Act") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf Portfolio of a Portfoliothe Fund;
(xiii13) For delivery in accordance with the provisions of any agreement among a the Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf Portfolio of a Portfoliothe Fund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the transfer agent ("Transfer Agent") for the Fund’s Transfer Agent , for delivery to such Transfer Agent or to the holders of Shares shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund Fund, related to the PortfolioPortfolio ("Prospectus"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi15) In the case of a sale processed through the Underlying Transfer Agent for the Underlying Fund Shares, in accordance with Section 3.7 2.10A hereof; and
(xvii16) For any other proper corporate purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper corporate purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 4 contracts
Samples: Custodian Contract (American General Series Portfolio Co 3), Custodian Contract (American General Series Portfolio Co 2), Custodian Contract (American General Series Portfolio Co 3)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio the Fund held by the Custodian, in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioFund, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio Fund in accordance with customary or established market practices and receipt procedures, including, without limitation, delivery to the purchaser thereof or to a dealer therefor (or an agent of payment thereforsuch purchaser or dealer) against expectation of receiving later payment;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the PortfolioFund;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the PortfolioFund;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, Fund to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio Fund (Aa) against receipt of collateral as agreed from time to time by the Fund on behalf of the PortfolioFund, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio Fund prior to the receipt of such collateral or (Bb) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi11) For delivery as security in connection with any borrowing by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such PortfolioFund;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioFund, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA,” formerly known as The National Association of Securities Dealers, Inc.), 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 on behalf of a PortfolioFund;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioFund, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (the “CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a PortfolioFund;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub(a) Special Sub-Custodians or (b) additional custodians appointed by the Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Fund, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio Fund to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the Fund’s transfer agent (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to (the Portfolio“Prospectus”) or other Fund document, in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi16) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.10 hereof;
17) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (Aa) the securities of the Portfolio Fund to be delivered and (Bb) the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 4 contracts
Samples: Custodian Agreement (Clough Global Opportunities Fund), Custodian Agreement (Clough Global Equity Fund), Custodian Agreement (Clough Global Dividend & Income Fund)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an the Custodian's Direct Paper book entry system account at the Underlying Transfer Agent, ("Direct Paper System Account") only upon receipt of Proper Instructions from the Fund on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.10 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.9 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.6Article 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided PROVIDED that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, BUT ONLY against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing borrowings by a the Fund on behalf of a the Portfolio requiring a pledge of assets by the Fund on behalf of such the Portfolio, BUT ONLY against receipt of amounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "Exchange Act") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf Portfolio of a Portfoliothe Fund;
(xiii13) For delivery in accordance with the provisions of any agreement among a the Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf Portfolio of a Portfoliothe Fund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the transfer agent ("Transfer Agent") for the Fund’s Transfer Agent , for delivery to such Transfer Agent or to the holders of Shares shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund Fund, related to the PortfolioPortfolio ("Prospectus"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii15) For any other proper corporate purpose, but only BUT ONLY upon receipt of Special of, in addition to Proper Instructions from the Fund on behalf of the applicable Portfolio Portfolio, a certified copy of a resolution of the Board of Trustees or of the Executive Committee signed by an officer of the Fund and certified by the Secretary or an Assistant Secretary, specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper corporate purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 4 contracts
Samples: Custodian Contract (Orbitex Group of Fund), Custodian Contract (Seasons Series Trust), Custodian Contract (Brazos Mutual Funds)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio the Fund held by the Custodian, in a U.S. Clearing Securities System account of the Custodian Custodian, or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio Fund and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the PortfolioFund;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the PortfolioFund;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the PortfolioFund, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence negligence, bad faith or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Fund, but only against receipt of adequate collateral as agreed upon from time to time by the Fund on behalf Custodian and the Fund, which may be in the form of cash or obligations issued by the PortfolioUnited States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio Fund prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf Fund, but only against receipt of such Portfolioamounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioFund, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA”, formerly known as The National Association of Securities Dealers, Inc.), 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 on behalf of a PortfolioFund;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioFund, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (“CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a PortfolioFund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the Fund’s transfer agent for the Fund (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund’s currently effective prospectus and statement of additional information of (the Fund related to the Portfolio“Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi15) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund;
16) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.13 hereof; and
(xvii17) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio Fund to be delivered and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 4 contracts
Samples: Custodian Agreement (Korea Fund Inc), Custodian Agreement (PIMCO Dynamic Income Fund), Custodian Agreement (PIMCO Dynamic Credit Income Fund)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an the Custodian's Direct Paper book entry system account at the Underlying Transfer Agent, ("DIRECT PAPER SYSTEM ACCOUNT") only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided PROVIDED that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, BUT ONLY against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing by a the Fund on behalf of a the Portfolio requiring a pledge of assets by the Fund on behalf of such the Portfolio, BUT ONLY against receipt of amounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "EXCHANGE ACT") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf Portfolio of a Portfoliothe Fund;
(xiii13) For delivery in accordance with the provisions of any agreement among a the Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission ("CFTC") and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf Portfolio of a Portfoliothe Fund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the Fund’s Transfer Agent transfer agent for the Fund (the "TRANSFER AGENT") for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the "PROSPECTUS"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii15) For any other proper purpose, but only BUT ONLY upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper corporate purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 4 contracts
Samples: Custodian Agreement (Security Equity Fund), Custodian Agreement (Security Equity Fund), Custodian Agreement (Security Equity Fund)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio in accordance with customary or established market practices and receipt procedures including those customarily utilized for beneficial holders which are U.S. registered investment companies, including, without limitation, delivery to the purchaser thereof or to a dealer therefor (or an agent of payment thereforsuch purchaser or dealer) against expectation of receiving later payment;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (Aa) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (Bb) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi11) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA,” formerly known as The National Association of Securities Dealers, Inc.), 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 on behalf of a Portfolio;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (the “CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub(a) Special Sub-Custodians or (b) additional custodians appointed by the Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Fund, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the Fund’s transfer agent (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the “Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi16) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.10 hereof;
17) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund on behalf of the Portfolio; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (Aa) the securities of the Portfolio to be delivered and (Bb) the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 4 contracts
Samples: Master Custodian Agreement (Aberdeen Standard Global Infrastructure Income Fund), Master Custodian Agreement (Aberdeen Income Credit Strategies Fund), Master Custodian Agreement (Aberdeen Greater China Fund, Inc.)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio in accordance with customary or established market practices and receipt procedures, including, without limitation, delivery to the purchaser thereof or to a dealer therefor (or an agent of payment thereforsuch purchaser or dealer) against expectation of receiving later payment;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.9 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.8 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities securities, except as may arise from the Custodian’s own negligence negligence, bad faith, or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Fund on behalf of a Portfolio, but only against receipt of collateral as agreed upon from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible under this Agreement for the delivery of securities owned by the Portfolio prior to the receipt of such collateral collateral, except as may arise from the Custodian’s own negligence, bad faith, or (Bwillful misconduct;
11) For delivery in connection with any loans of securities made by the Fund on behalf of a Portfolio to the a third party lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the FundFund on behalf of the Portfolio;
(xi12) For delivery as security in connection with any borrowing by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio, but only against receipt of amounts borrowed;
(xii13) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the 1934 Securities Exchange Act of 1934, as amended from time to time (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, Fixed Income 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 on behalf of a the Portfolio;
(xiii14) For delivery in accordance with the provisions of any agreement among a the Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (the “CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a the Portfolio;
(xiv15) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub(a) Special Sub-Custodians or (b) additional custodians appointed by the Fund on behalf of the Portfolio, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Fund, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio to be delivered and (yb) the person(s) entity or entities to whom delivery of such securities shall be made;
(xv16) Upon If the Fund permits redemptions “in kind”, upon receipt of instructions from the Fund’s transfer agent (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus prospectus(es) and statement statement(s) of additional information of the Fund related to the PortfolioPortfolio (the “Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi17) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.11 hereof;
18) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund on behalf of the Portfolio; and
(xvii19) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (Aa) the securities of the Portfolio to be delivered and (Bb) the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 4 contracts
Samples: Master Custodian Agreement (Tiaa Cref Institutional Mutual Funds), Master Custodian Agreement (Tiaa Cref Life Fund), Master Custodian Agreement (College Retirement Equities Fund)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio in accordance with customary or established market practices and receipt procedures, including, without limitation, delivery to the purchaser thereof or to a dealer therefor (or an agent of payment thereforsuch purchaser or dealer) against expectation of receiving later payment;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence negligence, bad faith or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (Aa) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (Bb) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi11) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA,” formerly known as The National Association of Securities Dealers, Inc.), 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 on behalf of a Portfolio;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (the “CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub(a) Special Sub-Custodians or (b) additional custodians appointed by the Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Fund, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the Fund’s transfer agent (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the “Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi16) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.10 hereof;
17) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund on behalf of the Portfolio; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (Aa) the securities of the Portfolio to be delivered and (Bb) the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 3 contracts
Samples: Master Custodian Agreement (Ares Dynamic Credit Allocation Fund, Inc.), Master Custodian Agreement (CION Ares Diversified Credit Fund), Master Custodian Agreement (Ares Dynamic Credit Allocation Fund, Inc.)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities owned by a Portfolio held by the Custodian, in a U.S. Clearing System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii) In the case of a sale effected through a U.S. Clearing System, in accordance with the provisions of Section 3.5 hereof;
(iv) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi) To the issuer thereof, or its agent, for transfer into the name of the 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 2.6; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x) For delivery in connection with any loans of securities made by the Portfolio (A) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, agent or the lending agent’s its custodian, all in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the FundInstructions;
(xi) For delivery as security in connection with any borrowing by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio;
(xii) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the 1934 Act and a member of 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 on behalf of a Portfolio;
(xiii) For delivery in accordance with the provisions of any agreement among a the Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEA, relating to compliance with the rules of the CFTC and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv) Upon receipt of instructions from the Fund’s Transfer Agent for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the Portfolio, in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii) For any other proper purpose, but only upon receipt of Special Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio to be delivered and (B) the person(s) to whom delivery of such securities shall be made.
Appears in 3 contracts
Samples: Custodian Services Agreement (Consulting Group Capital Markets Funds), Custodian Services Agreement (Consulting Group Capital Markets Funds), Custodian Services Agreement (Consulting Group Capital Markets Funds)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, in a U.S. Clearing Securities System account of the Custodian Custodian, or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio in accordance with customary or established market practices and receipt procedures, including, without limitation, delivery to the purchaser thereof or to a dealer therefor (or an agent of payment thereforsuch purchaser or dealer) against expectation of receiving later payment;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.10 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.9 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence negligence, bad faith or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio Portfolio, but only (Aa) against receipt of collateral as agreed upon from time to time by the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which the Custodian is instructed to make delivery without receipt of such collateral or for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of such securities owned by the Portfolio without or prior to the receipt of such collateral if it receives Proper Instructions to do so or (Bb) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi11) For delivery as security in connection with any borrowing borrowings by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA”, formerly known as The National Association of Securities Dealers, Inc.), 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 on behalf of a Portfolio;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (the “CFTC”) and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in in, connection with transactions by the Fund on behalf of a Portfolio;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub(a) Special Sub-Custodians or (b) additional custodians appointed by the Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Fund, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.7(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the transfer agent (“Transfer Agent”) for the Fund’s Transfer Agent , for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund Fund, related to the PortfolioPortfolio (“Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi16) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.12 hereof; and;
(xvii17) For delivery of initial or variation margin in connection with trading in futures and options on futures contracts entered into by the Fund on behalf of a Portfolio;
18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund Fund, on behalf of the applicable Portfolio Portfolio, specifying (A) the securities of the Portfolio to be delivered and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 3 contracts
Samples: Master Custodian Contract (Russell Exchange Traded Funds Trust), Master Custodian Contract (Russell Investment Funds), Master Custodian Contract (Russell Investment Co)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio the Fund held by the Custodian, in a U.S. Clearing Securities System account of the Custodian Custodian, or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio Fund and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the PortfolioFund;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the PortfolioFund;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the PortfolioFund, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence negligence, fraud, bad faith or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Fund, but only against receipt of adequate collateral as agreed upon from time to time by the Fund on behalf Custodian and the Fund, which may be in the form of cash or obligations issued by the PortfolioUnited States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio Fund prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf Fund, but only against receipt of such Portfolioamounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioFund, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA”, formerly known as The National Association of Securities Dealers, Inc.), 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 on behalf of a PortfolioFund;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioFund, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (“CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a PortfolioFund;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-additional custodians appointed by the Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Fund, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio Fund to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the Fund’s transfer agent for the Fund (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund’s currently effective prospectus and statement of additional information of (the Fund related to the Portfolio“Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi16) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund;
17) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.13 hereof; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio Fund to be delivered and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 3 contracts
Samples: Custodian Agreement, Custodian Agreement (NexPoint Capital, Inc.), Custodian Agreement (NexPoint Capital, Inc.)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio the Fund held by the Custodian, in a U.S. Clearing Securities System account of the Custodian Custodian, or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio Fund and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the PortfolioFund;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the PortfolioFund;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the PortfolioFund, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Fund, but only against receipt of adequate collateral as agreed upon from time to time by the Fund on behalf Custodian and the Fund, which may be in the form of cash or obligations issued by the PortfolioUnited States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio Fund prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf Fund, but only against receipt of such Portfolioamounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioFund, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA”, formerly known as The National Association of Securities Dealers, Inc.), 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 on behalf of a PortfolioFund;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioFund, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (“CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a PortfolioFund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the Fund’s transfer agent for the Fund (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund’s currently effective prospectus and statement of additional information of (the Fund related to the Portfolio“Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi15) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund;
16) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.13 hereof; and
(xvii17) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio Fund to be delivered and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 3 contracts
Samples: Custodian Agreement (Taiwan Fund Inc), Custodian Agreement (PIMCO Dynamic Income Fund), Custodian Agreement (Oxford Lane Capital Corp.)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio the Fund held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an the Custodian's Direct Paper book-entry system account at the Underlying Transfer Agent, ("Direct Paper System Account") only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio Fund and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the PortfolioFund;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.10 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for portfolio securities of the PortfolioFund;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.9 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.6Article 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the PortfolioFund, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Fund, but only against receipt of adequate collateral as agreed upon from time to time by the Fund on behalf Custodian and the Fund, which may be in the form of cash or obligations issued by the PortfolioUnited States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio Fund prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing borrowings by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf Fund, but only against receipt of such Portfolioamounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioFund, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "Exchange Act") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf of a PortfolioFund;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioFund, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a PortfolioFund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the transfer agent ("Transfer Agent") for the Fund’s Transfer Agent , for delivery to such Transfer Agent or to the holders of Shares shares in connection with distributions in kind, as may be described from time to time in the Fund's currently effective prospectus and statement of additional information of the Fund related to the Portfolio("prospectus"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii15) For any other proper corporate purpose, but only upon receipt of, in addition to Proper Instructions, a certified copy of Special Instructions from a resolution of the Board of Directors or of the Executive Committee signed by an officer of the Fund on behalf of and certified by the applicable Portfolio Secretary or an Assistant Secretary, specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper corporate purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 3 contracts
Samples: Custodian Contract (Lincoln National Capital Appreciation Fund Inc), Custodian Contract (Kaufmann Fund Inc), Custodian Contract (Lincoln National Aggressive Growth Fund Inc)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio in accordance with customary or established market practices and receipt procedures, including, without limitation, delivery to the purchaser thereof or to a dealer therefor (or an agent of payment thereforsuch purchaser or dealer) against expectation of receiving later payment;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (Aa) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (Bb) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi11) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the 1934 Securities Exchange Act of 1934, as amended (the “Exchange Act”), and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA”), 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 on behalf of a Portfolio;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (the “CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub(a) Special Sub-Custodians or (b) additional custodians appointed by the Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Fund, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the Fund’s transfer agent (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the “Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi16) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.10 hereof;
17) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund on behalf of the Portfolio; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (Aa) the securities of the Portfolio to be delivered and (Bb) the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 3 contracts
Samples: Master Custodian Agreement (Madison Covered Call & Equity Strategy Fund), Master Custodian Agreement (Ultra Series Fund), Master Custodian Agreement (Madison Funds)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities securities owned by a Portfolio the Fund held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an the Custodian's Direct Paper book entry system account at the Underlying Transfer Agent, ("Direct Paper System Account") only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio Fund and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the PortfolioFund;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.10 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for portfolio securities of the PortfolioFund;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.9 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.6Article 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the PortfolioFund, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Fund, but only against receipt of adequate collateral as agreed upon from time to time by the Fund on behalf Custodian and the Fund, which may be in the form of cash or obligations issued by the PortfolioUnited States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio Fund prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing borrowings by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf Fund, but only against receipt of such Portfolioamounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioFund, the Custodian and a broker-broker- dealer registered under the Securities Exchange Act of 1934 Act (the "Exchange Act") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf of a PortfolioFund;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioFund, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv) Upon receipt of instructions from the Fund’s Transfer Agent for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the Portfolio, in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii14) For any other proper corporate purpose, but only upon receipt of, in addition to Proper Instructions, a certified copy of Special Instructions from a resolution of the Board of Directors or of the Executive Committee signed by an officer of the Fund on behalf of and certified by the applicable Portfolio Secretary or an Assistant Secretary, specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper corporate purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 3 contracts
Samples: Custodian Contract (Central Asset Fund Inc), Custodian Contract (Central Investment Fund Inc), Custodian Contract (Lernoult Investment Fund Inc)
Delivery of Securities. The Sub-Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, Sub-Custodian or in a U.S. Clearing Securities System account of the Sub-Custodian or in an the Sub-Custodian's Direct Paper book entry system account at the Underlying Transfer Agent, ("Direct Paper System Account") only upon receipt of Proper Instructions from the Fund on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.10 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Sub-Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio or into the name of any nominee or nominees of the Sub-Custodian or into the name or nominee name of any agent appointed pursuant to Section 2.9 or into the name or nominee name of any sub-sub-custodian appointed pursuant to Section 2.6Article 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided PROVIDED that, in any such case, the new securities are to be delivered to the Sub-Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Sub-Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Sub-Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Sub-Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Sub-Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, BUT ONLY against receipt of adequate collateral as agreed upon from time to time by the Sub-Custodian and the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Sub-Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Sub-Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing borrowings by a the Fund on behalf of a the Portfolio requiring a pledge of assets by the Fund on behalf of such the Portfolio, BUT ONLY against receipt of amounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Sub-Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "Exchange Act") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf Portfolio of a Portfoliothe Fund;
(xiii13) For delivery in accordance with the provisions of any agreement among a the Fund on behalf of the Portfolio, the Sub-Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf Portfolio of a Portfoliothe Fund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the transfer agent ("Transfer Agent") for the Fund’s Transfer Agent , for delivery to such Transfer Agent or to the holders of Shares shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund Fund, related to the PortfolioPortfolio ("Prospectus"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii15) For any other proper corporate purpose, but only BUT ONLY upon receipt of Special of, in addition to Proper Instructions from the Fund on behalf of the applicable Portfolio Portfolio, a certified copy of a resolution of the Board of Directors or of the Executive Committee signed by an officer of the Fund and certified by the Secretary or an Assistant Secretary, specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper corporate purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 3 contracts
Samples: Sub Custodian Contract (Munder Funds Inc), Sub Custodian Contract (St Clair Funds Inc), Sub Custodian Contract (St Clair Funds Inc)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio the Fund held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio Fund and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the PortfolioFund;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the PortfolioFund;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the PortfolioFund, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio Fund (Aa) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfoliocollateral, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio Fund prior to the receipt of such collateral or (Bb) to the lending agent, or the lending agent’s 's custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi11) For delivery as security in connection with any borrowing by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf Fund, but only against receipt of such Portfolioamounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioFund, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "EXCHANGE ACT") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf of a PortfolioFund;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioFund, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission ("CFTC") and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a PortfolioFund;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub(a) Special Sub-Custodians or (b) additional custodians appointed by a Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant to Section 2.6(bofficer of such Fund, for the purpose of engaging in repurchase agreement transaction(s), each a "REPO CUSTODIAN"), and prior to receipt of payment therefor, only as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a "FREE TRADE"), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio Fund to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the Fund’s Transfer Agent transfer agent for the Fund (the "TRANSFER AGENT") for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund's currently effective prospectus and statement of additional information of (the Fund related to the Portfolio"PROSPECTUS"), in satisfaction of requests by holders of Shares for repurchase or redemption;; and
(xvi16) In the case of a sale processed through the Underlying Transfer Agent for or Underlying Fund Shares, in accordance with Section 3.7 2.10 hereof; and;
(xvii17) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio Fund to be delivered and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 3 contracts
Samples: Custodian Agreement (Pimco California Municipal Income Fund), Custodian Agreement (Pimco Municipal Income Fund), Custodian Agreement (Pimco New York Municipal Income Fund)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio the Fund held by the Custodian, in a U.S. Clearing Securities System account of the Custodian Custodian, or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio Fund and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the PortfolioFund;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the PortfolioFund;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the PortfolioFund, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence negligence, fraud, bad faith or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
10) (xa) For delivery in connection with any loans of securities made by the Portfolio (A) Fund, but only against receipt of adequate collateral as agreed upon from time to time by the Fund on behalf Custodian and the Fund, which may be in the form of cash or obligations issued by the PortfolioUnited States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio Fund prior to the receipt of such collateral or (Bb) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi11) For delivery as security in connection with any borrowing by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf Fund, but only against receipt of such Portfolioamounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioFund, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA”), 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 on behalf of a PortfolioFund;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioFund, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (“CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a PortfolioFund;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-additional custodians appointed by the Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Fund, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio Fund to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the Fund’s transfer agent for the Fund (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund’s currently effective prospectus and registration statement of additional information of (the Fund related to the Portfolio“Registration Statement”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi16) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund;
17) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.13 hereof; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio Fund to be delivered and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 3 contracts
Samples: Custodian Agreement (Blackstone Private Credit Fund), Custodian Agreement (Blackstone Private Credit Fund), Custodian Agreement (Blackstone / GSO Secured Lending Fund)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.9 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.8 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (Bcollateral;
11) For delivery in connection with any loans of securities made by a Fund on behalf of a Portfolio to the a third-party lending agent, or the lending agent’s 's custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the FundFund on behalf of the Portfolio;
(xi12) For the payment of initial or variation margin in connection with trading in futures and options on futures contracts;
13) For delivery as security in connection with any borrowing by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio, but only against receipt of amounts borrowed;
(xii14) For delivery in accordance with the provisions of any agreement among the a Fund on behalf of the a Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "EXCHANGE ACT") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf of a Portfolio;
(xiii15) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the a Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission ("CFTC") and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv16) Upon receipt of instructions from the Fund’s Transfer Agent transfer agent for the Fund (the "TRANSFER AGENT") for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the "PROSPECTUS"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi17) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.14 hereof; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio to be delivered and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 2 contracts
Samples: Master Custodian Agreement (Scudder Rreef Real Estate Fund Ii Inc), Master Custodian Agreement (Scudder Rreef Real Estate Fund Ii Inc)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an the Custodian's Direct Paper book entry system account at the Underlying Transfer Agent, ("Direct Paper System Account") only upon receipt of Proper Instructions from the Fund on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i) 1. Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii) 2. Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii) 3. In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.10 hereof;
(iv) 4. To the depository agent in connection with tender or other similar offers for securities of the PortfolioPortfolios;
(v) 5. To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi) 6. To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.9 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.6Article 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii) 7. Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8. For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;.
(ix) 9. In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;.
(x) 10. For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi) 11. For delivery as security in connection with any borrowing borrowings by a the Fund on behalf of a the Portfolio requiring a pledge of assets by the Fund on behalf of such the Portfolio, but only against receipt of amounts borrowed;
(xii) 12. For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "Exchange Act") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf Portfolio of a Portfoliothe Fund;
(xiii) 13. For delivery in accordance with the provisions of any agreement among a the Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf Portfolio of a Portfoliothe Fund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv) 14. Upon receipt of instructions from the transfer agent ("Transfer Agent") for the Fund’s Transfer Agent , for delivery to such Transfer Agent or to the holders of Shares shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund Fund, related to the PortfolioPortfolio ("Prospectus"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii) 15. For any other proper corporate purpose, but only upon receipt of Special of, in addition to Proper Instructions from the Fund on behalf of the applicable Portfolio Portfolio, a certified copy of a resolution of the Board of Trustees or of the Executive Committee signed by an officer of the Fund and certified by the Secretary or Assistant Secretary, specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper corporate purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 2 contracts
Samples: Custodian Contract (Orbitex Group of Funds), Custodian Contract (Orbitex Group of Funds)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an the Custodian's Direct Paper book entry system account at the Underlying Transfer Agent, ("DIRECT PAPER SYSTEM ACCOUNT") only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;,
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided PROVIDED that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, BUT ONLY against receipt of collateral in such form and such amount as agreed from time to time directed by the Fund on behalf of the PortfolioFund, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by unless the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundhas acted with negligence or willful misconduct;
(xi11) For delivery as security in connection with any borrowing by a the Fund on behalf of a the Portfolio requiring a pledge of assets by the Fund on behalf of such the Portfolio, BUT ONLY against receipt of amounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "EXCHANGE ACT") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf Portfolio of a Portfoliothe Fund;
(xiii13) For delivery in accordance with the provisions of any agreement among a the Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission ("CFTC") and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf Portfolio of a Portfoliothe Fund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the Fund’s Transfer Agent transfer agent for the Fund (the "TRANSFER AGENT") for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the "PROSPECTUS"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii15) For any other proper purpose, but only BUT ONLY upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper trust purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 2 contracts
Samples: Custodian Agreement (Van Eck Funds), Custodian Agreement (Van Eck Worldwide Insurance Trust)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio the Fund held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an the Custodian's Direct Paper book-entry system account at the Underlying Transfer Agent, ("Direct Paper System") only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio Fund and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the PortfolioFund;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.10 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for portfolio securities of the PortfolioFund;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.9 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.6Article 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the PortfolioFund, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Fund, but only against receipt of adequate collateral as agreed upon from time to time by the Fund on behalf Custodian and the Fund, which may be in the form of cash or obligations issued by the PortfolioUnited States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio Fund prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing borrowings by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf Fund, but only against receipt of such Portfolioamounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioFund, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "Exchange Act") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf of a PortfolioFund;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioFund, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a PortfolioFund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the transfer agent ("Transfer Agent") for the Fund’s Transfer Agent , for delivery to such Transfer Agent or to the holders of Shares shares in connection with distributions in kind, as may be described from time to time in the Fund's currently effective prospectus and statement of additional information of the Fund related to the Portfolio("prospectus"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii15) For any other proper business purpose, but only upon receipt of, in addition to Proper Instructions, a certified copy of Special Instructions from a resolution of the Board of Directors/Trustees or of the Executive Committee signed by an officer of the Fund on behalf of and certified by the applicable Portfolio Secretary or an Assistant Secretary, specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper business purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 2 contracts
Samples: Custodian Contract (Prudential High Yield Fund Inc), Custodian Contract (Prudential Moneymart Assets Inc)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions from Fund on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the partiesParties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio; and in the case of repurchases that are effected through a U.S. Securities System, subject to the requirements of Section 2.10 hereof;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.10 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.9 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.6Article 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided PROVIDED that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, BUT ONLY against receipt of adequate collateral as agreed upon from time to time by the Custodian and Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing borrowings by a Fund on behalf of a the Portfolio requiring a pledge of assets by the Fund on behalf of such the Portfolio, BUT ONLY against receipt of amounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "Exchange Act") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf Portfolio of a PortfolioFund;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf Portfolio of a PortfolioFund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the transfer agent ("Transfer Agent") for Fund’s Transfer Agent , for delivery to such Transfer Agent or to the holders of Shares shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund Fund, related to the PortfolioPortfolio ("Prospectus"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii15) For any other proper corporate purpose, but only BUT ONLY upon receipt of Special of, in addition to Proper Instructions from the Fund on behalf of the applicable Portfolio Portfolio, a certified copy of a resolution of the Board of Directors or of the Executive Committee of the Board signed by an officer of Fund and certified by the Secretary or an Assistant Secretary, specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper Fund purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made. In delivering any securities pursuant to this Section 2.2, Custodian shall credit to the account of the Portfolio which held such securities the cash or other property received therefor, except to the extent that Custodian may be instructed otherwise by certified resolution meeting the requirements of paragraph (15) of this Section 2.2.
Appears in 2 contracts
Samples: Custody and Investment Accounting Agreement (Monument Series Fund Inc), Custody and Investment Accounting Agreement (Monument Series Fund Inc)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio in accordance with customary or established market practices and receipt procedures, including, without limitation, delivery to the purchaser thereof or to a dealer therefor (or an agent of payment thereforsuch purchaser or dealer) against expectation of receiving later payment;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (Aa) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (Bb) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi11) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such PortfolioPortfolio but only against receipt of amounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA,” formerly known as The National Association of Securities Dealers, Inc.), 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 on behalf of a Portfolio;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (the “CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub(a) Special Sub-Custodians or (b) additional custodians appointed by the Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Fund, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the Fund’s transfer agent (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the “Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi16) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.10 hereof;
17) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund on behalf of the Portfolio; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (Aa) the securities of the Portfolio to be delivered and (Bb) the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 2 contracts
Samples: Master Custodian Agreement (State Farm Mutual Fund Trust), Master Custodian Agreement (State Farm Variable Product Trust)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.9 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.8 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (Bcollateral;
11) For delivery in connection with any loans of securities made by a Fund on behalf of a Portfolio to the a third-party lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the FundFund on behalf of the Portfolio;
(xi12) For the payment of initial or variation margin in connection with trading in futures and options on futures contracts;
13) For delivery as security in connection with any borrowing by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio, but only against receipt of amounts borrowed;
(xii14) For delivery in accordance with the provisions of any agreement among the a Fund on behalf of the a Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the The National Association of Securities Dealers, Inc. (“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 on behalf of a Portfolio;
(xiii15) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the a Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (“CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv16) Upon receipt of instructions from the Fund’s transfer agent for the Fund (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the “Prospectus ”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi17) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.14 hereof; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio to be delivered and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 2 contracts
Samples: Master Custodian Agreement (Tax-Exempt California Money Market Fund), Master Custodian Agreement (DWS Communications Fund, Inc.)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio the Fund held by the Custodian, in a U.S. Clearing Securities System account of the Custodian Custodian, or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio Fund in accordance with customary or established market practices and receipt procedures, including, without limitation, delivery to the purchaser thereof or to a dealer therefor (or an agent of payment thereforsuch purchaser or dealer) against expectation of receiving later payment;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the PortfolioFund;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the PortfolioFund;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 hereof or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61 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 that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the PortfolioFund, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Fund, but only against receipt of adequate collateral as agreed upon from time to time by the Fund on behalf Custodian and the Fund, which may be in the form of cash or obligations issued by the PortfolioUnited States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio Fund prior to the receipt of such collateral or (Bcollateral;
11) For delivery in connection with any loans of securities made by the Fund to the a third party lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may or may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi12) For delivery as initial or variation margin in connection with trading in futures and options on futures contracts entered into by the Fund;
13) For delivery as security in connection with any borrowing by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf Fund, but only against receipt of such Portfolioamounts borrowed;
(xii14) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioFund, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority (“FINRA”, formerly known as The National Association of Securities Dealers, Inc.), 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 on behalf of a PortfolioFund;
(xiii15) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioFund, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (“CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a PortfolioFund;
(xiv16) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv) Upon further receipt of instructions from the Fund’s transfer agent for the Fund (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund’s currently effective prospectus and statement of additional information of (the Fund related to the Portfolio“Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
17) For delivery to one or more co-custodians (xvieach, a “Repo Custodian”) appointed by the Fund and communicated to the Custodian by Proper Instructions, including Schedule D (as may be amended from time to time) attached to this Agreement, duly executed by an authorized officer of the Fund, for the purpose of engaging in repurchase agreement transactions, which delivery may be made without contemporaneous receipt by the Custodian of assets in exchange therefor, and upon which delivery to such Repo Custodian in accordance with Proper Instructions from the Fund, the Custodian shall have no further responsibility or obligation to the Fund as a custodian for the Fund with respect to the securities so delivered (each such delivery, a “Free Trade”), provided that, in preparing reports of monies received or paid out of the Fund or of assets comprising the Fund, the Custodian shall be entitled to rely upon information received from time to time from the Repo Custodian and shall not be responsible for the accuracy or completeness of such information included in the Custodian’s reports until such assets are received by the Custodian;
18) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.13 hereof; and
(xvii19) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio Fund to be delivered and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 2 contracts
Samples: Custodian Agreement (RMR Real Estate Income Fund), Custodian Agreement (New RMR Asia Pacific Real Estate Fund)
Delivery of Securities. The Custodian Except as otherwise provided in Subsection 3.5 hereof, the Custodian, upon receipt of Proper Instructions, shall release and deliver Domestic Securities owned by a Portfolio Fund and held by the Custodian, in a U.S. Clearing System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following casescases or as otherwise directed in Proper Instructions:
(ia) Upon except as otherwise provided herein, upon sale of such securities Securities for the account of the Portfolio Fund and receipt by the Custodian, a Subcustodian or a Foreign Custodian of payment therefor;
(iib) Upon upon the receipt of payment by the Custodian, a Subcustodian or a Foreign Custodian in connection with any repurchase agreement related to such securities Securities entered into by the PortfolioFund;
(iiic) In in the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 Subsection 3.8 hereof;
(ivd) To the depository to a tender agent or other authorized agent in connection with (i) a tender or other similar offers offer for securities Securities owned by the Fund, or (ii) a tender offer or repurchase by the Fund of the Portfolioits own Shares;
(ve) To to the issuer thereof or its agent when such securities Securities are called, redeemed, retired or otherwise become payable; provided thatprovided, that in any such case, the cash or other consideration is to be delivered to the Custodian, a Subcustodian or a Foreign Custodian;
(vif) To to the issuer thereof, or its agent, for transfer into the name or nominee name of the Portfolio or into Fund, the name of any or nominee or nominees name of the Custodian or into Custodian, the name or nominee name of any agent Subcustodian or any sub-custodian appointed pursuant to Section 2.6Foreign Custodian; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities Securities are to be delivered to the Custodian, a Subcustodian or Foreign Custodian;
(viig) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, selling the same for examination in accordance with “the "street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viiih) For for exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, or reorganization or readjustment of the securities of the issuer of such securitiesSecurities, or pursuant to provisions for a conversion contained in of such securities, or pursuant to any deposit agreementSecurities; provided that, in any such case, the new securities Securities and cash, if any, are to be delivered to the CustodianCustodian or a Subcustodian;
(ixi) In in the case of warrants, rights or similar securities, the surrender thereof in connection with the exercise of such warrants, rights or similar securities Securities or the surrender of interim receipts or temporary securities Securities for definitive securitiesSecurities; provided that, ,in any such case, the new securities Securities and cash, if any, are to be delivered to the Custodian, a subcustodian or a Foreign Custodian;
(xj) For for delivery in connection with any loans of securities Securities made by the Portfolio (A) Fund, but only against receipt by the Custodian, a Subcustodian or a Foreign Custodian of adequate collateral as agreed from time to time determined by the Fund on behalf (and identified in Proper Instructions communicated to the Custodian), which may be in the form of cash or obligations issued by the PortfolioUnited States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the account of the Custodian’s account , a Subcustodian or a Foreign Custodian in the Federal Reserve's book-entry system authorized by the U.S. Department of the Treasurysecurities system, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities Securities owned by the Portfolio Fund prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xik) For for delivery as security in connection with any borrowing borrowings by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf Fund, but only against receipt by the Custodian, a Subcustodian or a Foreign Custodian of such Portfolioamounts borrowed;
(xiil) For for delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioFund, the Custodian, a Subcustodian or a Foreign Custodian and a broker-dealer registered under the 1934 Act and a member of the NASD, relating to compliance with the rules of The Options Clearing Corporation registered clearing corporations 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 on behalf of a PortfolioFund;
(xiiim) For for delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioFund, the Custodian, a Subcustodian or a Foreign Custodian and a futures commission merchant registered under the CEAmerchant, relating to compliance with the rules of the CFTC 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 on behalf of a PortfolioFund;
(xivn) Upon upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv) Upon receipt of instructions from the Fund’s Transfer Agent for delivery to such the Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the Portfolio, kind in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xviio) For for any other proper purpose, but only upon receipt of Special Instructions from the Fund on behalf Proper Instructions, and a certified copy of a resolution of the applicable Portfolio Board or of the Executive Committee certified by the Secretary or an Assistant Secretary of the Fund, specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 2 contracts
Samples: Custody Agreement (Franklin Templeton International Trust), Custody Agreement (Franklin Templeton International Trust)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio the Company held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon the sale of such securities for the account of the Portfolio Company and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the PortfolioCompany;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for portfolio securities of owned by the PortfolioCompany;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio Company 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided provided, that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the PortfolioCompany, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x) For delivery in connection with any loans of securities made by the Portfolio (A) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi10) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio the Company requiring a pledge of assets by the Fund on behalf Company provided, however, that securities shall be released only upon payment to the Company of such Portfoliothe monies borrowed, except that in cases where additional collateral is required to secure a borrowing already made subject to proper prior authorization, further securities may be released for that purpose upon receipt of Proper Instructions;
(xii11) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioCompany, the Custodian and a broker-dealer registered under the 1934 Act and which is a member of the NASDThe Financial Industry Regulatory Authority, Inc. (“FINRA”), 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 on behalf of a PortfolioCompany;
(xiii12) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioCompany, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (“CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a PortfolioCompany;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv13) Upon receipt of instructions from the Fund’s transfer agent or registrar of the Company, if any (“Transfer Agent Agent”), or from the Company, if there is no such Transfer Agent, for delivery to such Transfer Agent or to the holders of Shares the Company’s common shares of beneficial interest (“Shares”) in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the Portfolio, in satisfaction of requests by holders of Shares for repurchase or redemptionredemption by the Company;
(xvi14) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.11 hereof;
15) For delivery to a broker in connection with the broker’s custody of margin collateral relating to futures or options on futures contracts; and
(xvii16) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (Aa) the securities of the Portfolio to be delivered and (Bb) the person(s) to whom delivery of such securities shall be made.
Appears in 2 contracts
Samples: Custodian Agreement (FS Energy & Power Fund II), Custodian Agreement (FS Energy & Power Fund II)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio Fund held by the Custodian, in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioFund, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of such Fund in accordance with customary or established market practices and procedures, including, without limitation, delivery to the Portfolio and receipt purchaser thereof or to a dealer therefor (or an agent of payment thereforsuch purchaser or dealer) against expectation of receiving later payment;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfoliosuch Fund;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfoliosuch Fund;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio such 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfoliosuch Fund, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconductmisconduct or the negligence or willful misconduct of the Custodian’s directors, officers, employees or agents;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio such Fund (Aa) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfoliosuch Fund, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio such Fund prior to the receipt of such collateral or (Bb) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the such Fund;
(xi11) For delivery as security in connection with any borrowing by a such Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such PortfolioFund;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfoliosuch Fund, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA,” formerly known as The National Association of Securities Dealers, Inc.), relating to compliance with the rules of The Options Clearing Corporation (the “OCC”) 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 on behalf of a Portfoliosuch Fund;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Portfoliosuch Fund, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (the “CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfoliosuch Fund;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub(a) Special Sub-Custodians or (b) additional custodians appointed by such Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of such Fund, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio such Fund to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the such Fund’s transfer agent (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the such Fund related to the Portfolio(for each Fund, its “Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi16) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.10 hereof;
17) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by such Fund; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the such Fund on behalf of the applicable Portfolio specifying (Aa) the securities of the Portfolio such Fund to be delivered and (Bb) the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 2 contracts
Samples: Master Custodian Agreement (Ironwood Institutional Multi-Strategy Fund LLC), Master Custodian Agreement (Ironwood Multi-Strategy Fund LLC)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held (i) by the Custodian, (ii) in a U.S. Clearing Securities System account of the Custodian or (iii) in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement or reverse repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence negligence, willful misfeasance or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (Aa) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (Bb) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may or may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi11) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA”, formerly known as The National Association of Securities Dealers, Inc.), 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 on behalf of a Portfolio;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (the “CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub(a) Special Sub-Custodians or (b) additional custodians appointed by the Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Fund, for the purpose of engaging in repurchase agreement or reverse repurchase agreement transactions, each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the Fund’s transfer agent (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the “Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi16) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.10 hereof;
17) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund on behalf of the Portfolio; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (Aa) the securities of the Portfolio to be delivered and (Bb) the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 2 contracts
Samples: Master Custodian and Fund Accounting Services Agreement (Avenue Income Credit Strategies Fund), Master Custodian and Fund Accounting Services Agreement (Avenue Mutual Funds Trust)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an the Custodian's Direct Paper book entry system account at the Underlying Transfer Agent, ("Direct Paper System Account") only upon receipt of Proper Instructions from the Fund on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.10 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.9 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.6Article 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided PROVIDED that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, BUT ONLY against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing borrowings by a the Fund on behalf of a the Portfolio requiring a pledge of assets by the Fund on behalf of such the Portfolio, BUT ONLY against receipt of amounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "Exchange Act") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf Portfolio of a Portfoliothe Fund;
(xiii13) For delivery in accordance with the provisions of any agreement among a the Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf Portfolio of a Portfoliothe Fund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the transfer agent ("Transfer Agent") for the Fund’s Transfer Agent , for delivery to such Transfer Agent or to the holders of Shares shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund Fund, related to the PortfolioPortfolio ("Prospectus"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii15) For any other proper corporate purpose, but only BUT ONLY upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper corporate purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 2 contracts
Samples: Custodian Contract (State Street Research Institutional Funds), Custodian Contract (State Street Research Institutional Funds)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio the Fund held by the Custodian, in a U.S. Clearing Securities System account of the Custodian Custodian, or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio Fund and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the PortfolioFund;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the PortfolioFund;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the PortfolioFund, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence negligence, negligent failure to act or willful misconduct;; Information Classification: Limited Access
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Fund, but only against receipt of adequate collateral as agreed upon from time to time by the Fund on behalf Custodian and the Fund, which may be in the form of cash or obligations issued by the PortfolioUnited States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio Fund prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf Fund, but only against receipt of such Portfolioamounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioFund, the Custodian and a broker-dealer registered under the 1934 Securities Exchange Act of 1934, as amended from time to time (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA”), 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 on behalf of a PortfolioFund;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioFund, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (“CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a PortfolioFund;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-additional custodians appointed by the Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Fund, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio Fund to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;; Information Classification: Limited Access
(xv15) Upon receipt of instructions from the Fund’s transfer agent for the Fund (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund’s currently effective prospectus and statement of additional information of (the Fund related to the Portfolio“Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi16) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund;
17) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.13 hereof; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio Fund to be delivered and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 2 contracts
Samples: Custodian Agreement (Owl Rock Technology Income Corp.), Custodian Agreement (Owl Rock Technology Income Corp.)
Delivery of Securities. The Custodian Except as otherwise provided in Subsection 3.5 hereof, the Custodian, upon receipt of Proper Instructions, shall release and deliver Domestic Securities owned by a Portfolio the Trust and held by the Custodian, in a U.S. Clearing System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following casescases or as otherwise directed in Proper Instructions:
(ia) Upon except as otherwise provided herein, upon sale of such securities Securities for the account of the Portfolio Trust and receipt by the Custodian, a Subcustodian or a Foreign Custodian of payment therefor;
(iib) Upon upon the receipt of payment by the Custodian, a Subcustodian or a Foreign Custodian in connection with any repurchase agreement related to such securities Securities entered into by the PortfolioTrust;
(iiic) In in the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 Subsection 3.8 hereof;
(ivd) To the depository to a tender agent or other authorized agent in connection with (i) a tender or other similar offers offer for securities Securities owned by the Trust, or (ii) a tender offer or repurchase by the Trust of the Portfolioits own Shares;
(ve) To to the issuer thereof or its agent when such securities Securities are called, redeemed, retired or otherwise become payable; provided thatprovided, that in any such case, the cash or other consideration is to be delivered to the Custodian, a Subcustodian or a Foreign Custodian;
(vif) To to the issuer thereof, or its agent, for transfer into the name or nominee name of the Portfolio or into Trust, the name of any or nominee or nominees name of the Custodian or into Custodian, the name or nominee name of any agent Subcustodian or any sub-custodian appointed pursuant to Section 2.6Foreign Custodian; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities Securities are to be delivered to the Custodian, a Subcustodian or Foreign Custodian;
(viig) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, selling the same for examination in accordance with “the "street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viiih) For for exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, or reorganization or readjustment of the securities of the issuer of such securitiesSecurities, or pursuant to provisions for a conversion contained in of such securities, or pursuant to any deposit agreementSecurities; provided that, in any such case, the new securities Securities and cash, if any, are to be delivered to the CustodianCustodian or a Subcustodian;
(ixi) In in the case of warrants, rights or similar securities, the surrender thereof in connection with the exercise of such warrants, rights or similar securities Securities or the surrender of interim receipts or temporary securities Securities for definitive securitiesSecurities; provided that, in any such case, the new securities Securities and cash, if any, are to be delivered to the Custodian, a subcustodian or a Foreign Custodian;
(xj) For for delivery in connection with any loans of securities Securities made by the Portfolio (A) Trust, but only against receipt by the Custodian, a Subcustodian or a Foreign Custodian of adequate collateral as agreed from time to time determined by the Fund on behalf Trust (and identified in Proper Instructions communicated to the Custodian), which may be in the form of cash or obligations issued by the PortfolioUnited States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the account of the Custodian’s account , a Subcustodian or a Foreign Custodian in the Federal Reserve's book-entry system authorized by the U.S. Department of the Treasurysecurities system, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities Securities owned by the Portfolio Trust prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xik) For for delivery as security in connection with any borrowing borrowings by a Fund on behalf of a Portfolio the Trust requiring a pledge of assets by the Fund on behalf Trust, but only against receipt by the Custodian, a Subcustodian or a Foreign Custodian of such Portfolioamounts borrowed;
(xiil) For for delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioTrust, the Custodian, a Subcustodian or a Foreign Custodian and a broker-dealer registered under the 1934 Act and a member of the NASD, relating to compliance with the rules of The Options Clearing Corporation registered clearing corporations 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 on behalf of a PortfolioTrust;
(xiiim) For for delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioTrust, the Custodian, a Subcustodian or a Foreign Custodian and a futures commission merchant registered under the CEAmerchant, relating to compliance with the rules of the CFTC 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 on behalf of a PortfolioTrust;
(xivn) Upon upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv) Upon receipt of instructions from the Fund’s Transfer Agent for delivery to such the Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the Portfolio, kind in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xviio) For for any other proper purpose, but only upon receipt of Special Instructions from the Fund on behalf proper Instructions, and a certified copy of a resolution of the applicable Portfolio Trustees or of the Executive Committee certified by the Secretary or an Assistant Secretary of the Trust, specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 2 contracts
Samples: Custody Agreement (Franklin Templeton Global Trust), Custody Agreement (Franklin Strategic Mortgage Portfolio)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio the Fund held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio Fund and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the PortfolioFund;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the PortfolioFund;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided PROVIDED that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the PortfolioFund, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Fund, BUT ONLY against receipt of adequate collateral as agreed upon from time to time by the Fund on behalf Custodian and the Fund, which may be in the form (among others) of cash or obligations issued by the PortfolioUnited States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio Fund prior to the receipt of such collateral or (Bcollateral;
11) For delivery in connection with any loans of securities made by the Fund to the a third party lending agent, or the lending agent’s 's custodian, in accordance with written Proper Instructions (which may or may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi12) For the payment of initial or variation margin in connection with trading in futures and options on futures contracts;
13) For delivery as security in connection with any borrowing by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf Fund, BUT ONLY against receipt of such Portfolioamounts borrowed;
(xii14) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioFund, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "EXCHANGE ACT") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf of a PortfolioFund;
(xiii15) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioFund, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission ("CFTC") and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a PortfolioFund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv16) Upon receipt of instructions from the Fund’s Transfer Agent transfer agent for the Fund (the "TRANSFER AGENT") for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the Fund's currently effective prospectus and statement of additional information of (the Fund related to the Portfolio"PROSPECTUS"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi17) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.13 hereof;
18) For delivery to one or more co-custodians (each, a "REPO CUSTODIAN") appointed by a Fund and communicated to the Custodian by Proper Instructions, including Schedule D (as may be amended from time to time) attached to this Agreement, duly executed by an authorized officer of such Fund, for the purpose of engaging in repurchase agreement transactions, which delivery may be made without contemporaneous receipt by the Custodian of assets in exchange therefor, and upon which delivery to such Repo Custodian in accordance with Proper Instructions from the Fund, the Custodian shall have no further responsibility or obligation to the Fund as a custodian for the Fund with respect to the securities so delivered (each such delivery, a "FREE TRADE"), provided that, in preparing reports of monies received or paid out of the Fund or of assets comprising the Fund, the Custodian shall be entitled to rely upon information received from time to time from the Repo Custodian and shall not be responsible for the accuracy or completeness of such information included in the Custodian's reports until such assets are received by the Custodian; and
(xvii19) For any other proper purpose, but only BUT ONLY upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio Fund to be delivered and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 2 contracts
Samples: Custodian Agreement (Western Asset Claymore Us Treasury Inflation Pro Secu Fund), Custodian Agreement (Western Asset Claymore Us Treasury Inflation Pro Sec Fund 2)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an the Custodian's Direct Paper book entry system account at the Underlying Transfer Agent, ("DIRECT PAPER SYSTEM ACCOUNT") only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided PROVIDED that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, BUT ONLY against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing by a the Fund on behalf of a the Portfolio requiring a pledge of assets by the Fund on behalf of such the Portfolio, BUT ONLY against receipt of amounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "EXCHANGE ACT") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf Portfolio of a Portfoliothe Fund;
(xiii13) For delivery in accordance with the provisions of any agreement among a the Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf Portfolio of a Portfoliothe Fund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the Fund’s Transfer Agent transfer agent for the Fund (the "TRANSFER AGENT") for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the "PROSPECTUS"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii15) For any other proper trust purpose, but only BUT ONLY upon receipt of Special of, in addition to Proper Instructions from the Fund on behalf of the applicable Portfolio Portfolio, a copy of a resolution of the Board of Trustees or of the Executive Committee thereof signed by an officer of the Fund and certified by the Secretary or an Assistant Secretary thereof (a "CERTIFIED RESOLUTION"), specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper trust purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 2 contracts
Samples: Custodian Agreement (Evergreen Select Equity Trust), Custodian Agreement (Evergreen Fixed Income Trust /De/)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio Trust held by the Custodian, in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio Trust and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the PortfolioTrust;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.9 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for portfolio securities of the PortfolioTrust;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio Trust 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 2.8 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided provided, that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the PortfolioTrust, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own gross negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio Trust, (Aa) against receipt of collateral as agreed upon from time to time by the Fund on behalf of the PortfolioTrust, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio Trust prior to the receipt of such collateral or (Bb) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the FundTrust;
(xi11) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio the Trust requiring a pledge of assets by the Fund on behalf of such PortfolioTrust;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioTrust, the Custodian and a broker-dealer registered under the 1934 Act and which is a member of the NASDThe Financial Regulatory Authority (“FINRA”), 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 on behalf of a PortfolioTrust;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioTrust, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (“CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a PortfolioTrust;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub(a) Special Sub-Custodians or (b) additional custodians appointed by the Trust, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Trust, for the purpose of engaging in repurchase agreement transaction(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, if any, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.7(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio Trust to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the Fund’s transfer agent or registrar of the Trust, if any (“Transfer Agent Agent”), or from the Trust, if there is no such Transfer Agent, for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the Portfolio, in satisfaction of requests by holders of Shares for repurchase or redemptionwithdrawal of their Shares;
(xvi16) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.11 hereof;
17) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Trust; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (Aa) the securities of the Portfolio to be delivered and (Bb) the person(s) to whom delivery of such securities shall be made.
Appears in 2 contracts
Samples: Custodian Agreement (FactorShares 2X: TBond Bull/S&p500 Bear), Custodian Agreement (FactorShares S&P Crude Oil Premium)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio in accordance with customary or established market practices and receipt procedures, including, without limitation, delivery to the purchaser thereof or to a dealer therefor (or an agent of payment thereforsuch purchaser or dealer) against expectation of receiving later payment;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the 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 2.62.7 or into the name or nominee name of any sub‑custodian appointed pursuant to Section 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (Aa) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (Bb) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi11) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer broker‑dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA,” formerly known as The National Association of Securities Dealers, Inc.), 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 on behalf of a Portfolio;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (the “CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub(a) Special Sub-Custodians or (b) additional custodians appointed by the Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Fund, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the Fund’s transfer agent (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the “Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi16) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.10 hereof;
17) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund on behalf of the Portfolio; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (Aa) the securities of the Portfolio to be delivered and (Bb) the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 2 contracts
Samples: Master Custodian Agreement (Barings Capital Investment Corp), Master Custodian Agreement (Barings BDC, Inc.)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio the Company held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon the sale of such securities for the account of the Portfolio Company and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the PortfolioCompany;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for portfolio securities of owned by the PortfolioCompany;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio Company 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided provided, that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the PortfolioCompany, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x) For delivery in connection with any loans of securities made by the Portfolio (A) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi10) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio the Company requiring a pledge of assets by the Fund on behalf Company provided, however, that securities shall be released only upon payment to the Company of such Portfoliothe monies borrowed, except that in cases where additional collateral is required to secure a borrowing already made subject to proper prior authorization, further securities may be released for that purpose upon receipt of Proper Instructions;
(xii11) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioCompany, the Custodian and a broker-dealer registered under the 1934 Act and which is a member of the NASDThe Financial Industry Regulatory Authority, Inc. (“FINRA”), 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 on behalf of a PortfolioCompany;
(xiii12) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioCompany, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (“CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a PortfolioCompany;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv13) Upon receipt of instructions from the Fund’s transfer agent or registrar of the Company, if any (“Transfer Agent Agent”), or from the Company, if there is no such Transfer Agent, for delivery to such Transfer Agent or to the holders of Shares the Company’s shares of common stock (“Shares”) in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the Portfolio, in satisfaction of requests by holders of Shares for repurchase or redemptionredemption by the Company;
(xvi14) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.11 hereof;
15) For delivery to a broker in connection with the broker’s custody of margin collateral relating to futures or options on futures contracts; and
(xvii16) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (Aa) the securities of the Portfolio to be delivered and (Bb) the person(s) to whom delivery of such securities shall be made.
Appears in 2 contracts
Samples: Custodian Agreement (FS Investment Corp IV), Custodian Agreement (FS Investment Corp IV)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio Fund held by the Custodian, in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioFund, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio Fund in accordance with customary or established market practices and receipt procedures, including, without limitation, delivery to the purchaser thereof or to a dealer therefor (or an agent of payment thereforsuch purchaser or dealer) against expectation of receiving later payment;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the PortfolioFund;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the PortfolioFund;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the PortfolioFund, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio a Fund (Aa) against receipt of collateral as agreed from time to time by the Fund on behalf of the PortfolioFund, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio Fund prior to the receipt of such collateral or (Bb) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi11) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such PortfolioFund;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioFund, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA,” formerly known as The National Association of Securities Dealers, Inc.), 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 on behalf of a PortfolioFund;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioFund, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (the “CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a PortfolioFund;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub(a) Special Sub-Custodians or (b) additional custodians appointed by the Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Fund, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio Fund to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the Fund’s transfer agent (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to (the Portfolio“Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi16) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.10 hereof;
17) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (Aa) the securities of the Portfolio Fund to be delivered and (Bb) the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 2 contracts
Samples: Master Custodian Agreement (Morgan Creek Global Equity Long/Short Institutional Fund), Master Custodian Agreement (Morgan Creek Global Equity Long/Short Fund)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an the Custodian's Direct Paper book entry system account at the Underlying Transfer Agent, ("DIRECT PAPER SYSTEM ACCOUNT") only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing by a the Fund on behalf of a the Portfolio requiring a pledge of assets by the Fund on behalf of such the Portfolio, but only against receipt of amounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "EXCHANGE ACT") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf Portfolio of a Portfoliothe Fund;
(xiii13) For delivery in accordance with the provisions of any agreement among a the Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission ("CFTC") and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf Portfolio of a Portfoliothe Fund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the Fund’s Transfer Agent transfer agent for the Fund (the "TRANSFER AGENT") for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the "PROSPECTUS"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii15) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper corporate purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 2 contracts
Samples: Custodian Agreement (Security Income Fund /Ks/), Custodian Agreement (Security Equity Fund)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio Fund held by the Custodian, Custodian in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, Agent only upon receipt of Proper Instructions on behalf of from the applicable PortfolioFund, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio Fund in accordance with customary or established market practices and receipt procedures, including, without limitation, delivery to the purchaser thereof or to a dealer therefor (or an agent of payment thereforsuch purchaser or dealer) against expectation of receiving later payment;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the PortfolioFund;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the PortfolioFund;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.6Article 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the PortfolioFund, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio Fund; provided that such delivery shall be made (Aa) against receipt of collateral as agreed from time to time by the Fund on behalf of the PortfolioFund, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio Fund prior to the receipt of such collateral or (Bb) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi11) For delivery as security in connection with any borrowing borrowings by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf Fund, but only against receipt of such Portfolioamounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioFund, the Custodian and a broker-dealer registered under the 1934 Securities Exchange Act of 1934, as amended (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA,” formerly known as The National Association of Securities Dealers, Inc.), 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 on behalf of a PortfolioFund;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioFund, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (the “CFTC”) and/or any contract Agreement market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a PortfolioFund;
14) Upon receipt of instructions from the transfer agent (xiv“Transfer Agent”) for the Fund, for delivery to such Transfer Agent 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
15) Upon the sale or other delivery of such investments securities (including, without limitation, to one or more sub(a) Special Sub-Custodians or (b) additional custodians appointed by the Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Fund, for the purpose of engaging in repurchase agreement transactions (each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio Fund to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv16) Upon receipt of instructions from the Fund’s Transfer Agent for For delivery to such Transfer Agent as initial or to the holders of Shares variation margin in connection with distributions in kind, as may be described from time to time in futures or options on futures Agreements entered into by the currently effective prospectus and statement of additional information of the Fund related to the Portfolio, in satisfaction of requests by holders of Shares for repurchase or redemption;Fund; and
(xvi17) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.10 hereof; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (Aa) the securities of the Portfolio Fund to be delivered and (Bb) the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 2 contracts
Samples: Master Custodian Agreement (Transamerica Series Trust), Master Custodian Agreement (Transamerica Funds)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio Fund held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of from the applicable PortfolioFund, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio Fund in accordance with customary or established market practices and receipt procedures, including, without limitation, delivery to the purchaser thereof or to a dealer therefor (or an agent of payment thereforsuch purchaser or dealer) against payment;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the PortfolioFund;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.10 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the PortfolioFund;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.9 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.6Article 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the PortfolioFund, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Fund, but only against receipt of adequate collateral as agreed upon from time to time by the Fund on behalf Custodian and the Fund, which may be in the form of cash or obligations issued by the PortfolioUnited States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio Fund prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing borrowings by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf Fund, but only against receipt of such Portfolioamounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioFund, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "Exchange Act") and a member of the NASDFinancial Industry Regulatory Authority ("FINRA"), 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 on behalf of a PortfolioFund;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioFund, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a PortfolioFund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the transfer agent ("Transfer Agent") for the Fund’s Transfer Agent , for delivery to such Transfer Agent or to the holders of Shares shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the Portfolio("Prospectus"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi15) In For delivery of initial or variation margin in connection with trading in futures and options on futures contracts entered into by the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; andFund;
(xvii16) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio Fund, specifying (A) the securities of the Portfolio Fund to be delivered and (B) naming the person(s) person or persons to whom delivery of such securities shall be made; and;
17) Upon termination of the Contract.
Appears in 2 contracts
Samples: Custodian Contract (Morgan Stanley Balanced Fund), Custodian Contract (Morgan Stanley Series Funds)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio and held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian, which account shall not include any assets of the Custodian other than assets held as a fiduciary, custodian or otherwise for its customers ("U.S. Securities System Account") or in an the Custodian's Direct Paper book-entry system account, which account at shall not include any assets of the Underlying Transfer AgentCustodian other than assets held as a fiduciary, custodian or otherwise for its customers ("Direct Paper System Account") only upon receipt of Proper Instructions from the Fund on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.10 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.9 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.6Article 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that that, in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the 's U.S. Department of the TreasurySecurities System Account, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing borrowings by a the Fund on behalf of a the Portfolio requiring a pledge of assets by the Fund on behalf of such the Portfolio, but only against receipt of amounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "Exchange Act") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf Portfolio of a Portfoliothe Fund;
(xiii13) For delivery in accordance with the provisions of any agreement among a the Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf Portfolio of a Portfoliothe Fund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the Fund’s transfer agent for the Fund (the "Transfer Agent Agent"), for delivery to such Transfer Agent or to the holders of Shares shares in connection with distributions in kind, as may be described from time to time in the Fund's currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the "Prospectus"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii15) For any other proper purpose, but only upon receipt of Special of, in addition to Proper Instructions from the Fund on behalf of the applicable Portfolio Portfolio, a certified copy of a vote of the Board or of the executive committee thereof signed by an officer of the Fund and certified by the Fund's Secretary or Assistant Secretary specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper corporate purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 1 contract
Samples: Custodian Contract (Invesco Advantage Series Funds Inc)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic ---------------------- securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an the Custodian's Direct Paper book entry system account at the Underlying Transfer Agent, ("Direct Paper System Account") only upon receipt of Proper Instructions from the Fund on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.10 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.9 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.6Article 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such -------- case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, but only against receipt of adequate collateral as agreed --- ---- upon from time to time by the Custodian and the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "Exchange Act") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf Portfolio of a Portfoliothe Fund;
(xiii13) For delivery in accordance with the provisions of any agreement among a the Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf Portfolio of a Portfoliothe Fund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the transfer agent ("Transfer Agent") for the Fund’s Transfer Agent , for delivery to such Transfer Agent or to the holders of Shares shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund Fund, related to the PortfolioPortfolio ("Prospectus"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii15) For any other proper corporate purpose, but only upon receipt of Special of, in -------- addition to Proper Instructions from the Fund on behalf of the applicable Portfolio Portfolio, a certified copy of a resolution of the Board of Trustees or of the Executive Committee signed by an officer of the Fund and certified by the Secretary or an Assistant Secretary, specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper corporate purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 1 contract
Delivery of Securities. (a) Delivery of Securities to the Custodian shall be in Street Name or other good delivery form.
(b) The Custodian shall release and deliver Domestic deliver, or direct its agents or sub-custodians to release and deliver, as the case may be, Securities owned by a Portfolio of the Company held by the Custodian, in a U.S. Clearing System account of the Custodian its agents or in an account at the Underlying Transfer Agent, only its sub-custodians from time to time upon receipt of Proper Instructions on behalf of (which shall, among other things specify the applicable PortfolioSecurities to be released, with such delivery and other information as may be necessary to enable the Custodian to perform), which may be continuing standing instructions when deemed appropriate by (in form acceptable to the parties, and only Custodian) in the following cases:
(i) Upon upon sale of such securities for the account Securities by or on behalf of the Portfolio Company and, unless otherwise directed by Proper Instructions:
(A) in accordance with the customary or established practices and receipt procedures in the jurisdiction or market where the transactions occur, including delivery to the purchaser thereof or to a dealer therefor (or an agent of payment thereforsuch purchaser or dealer) against expectation of receiving later payment; or
(B) in the case of a sale effected through a Securities System, in accordance with the rules governing the operations of the securities System;
(ii) Upon upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfoliosecurities;
(iii) In to the case of a sale effected through a U.S. Clearing System, in accordance with the provisions of Section 3.5 hereof;
(iv) To the depository depositary agent in connection with tender or other similar offers for securities of the Portfoliosecurities;
(viv) To to the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such casepayable (unless otherwise directed by Proper Instructions, the cash or other consideration is to be delivered to the Custodian, its agents or its sub-custodians);
(viv) To the to an issuer thereof, or its agent, for transfer into the name of the Portfolio Custodian or into the name of any nominee or nominees of the Custodian or into the name or nominee name of any agent of its agents or any sub-custodian appointed pursuant to Section 2.6; custodians or their nominees or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, ;
(vi) to brokers clearing banks or other clearing agents for examination in any such case, accordance with the new securities are to be delivered to the CustodianStreet Delivery Custom;
(vii) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such caseagreement (unless otherwise directed by Proper Instructions, the new securities and cash, if any, are to be delivered to the Custodian, its agents or its sub-custodians);
(ixviii) In in the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such casesecurities (unless otherwise directed by Proper Instructions, the new securities and cash, if any, are to be delivered to the Custodian;, its agents or its sub-custodians); and/or
(xix) For delivery in connection with for any loans of securities made by the Portfolio (A) against other purpose, but only upon receipt of collateral as agreed from time to time Proper Instructions and an officer’s certificate signed by the Fund on behalf an officer of the Portfolio, except that in connection with any loans for Company (which collateral is officer shall not have been the Authorized Person providing the Proper Instructions) stating (i) the specified securities to be credited to delivered, (ii) the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasurypurpose for such delivery, the Custodian, in its capacity as custodian hereunder, will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (Biii) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio;
(xii) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the 1934 Act and a member of 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 on behalf of a Portfolio;
(xiii) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEA, relating to compliance with the rules of the CFTC and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered purpose is a proper corporate purpose and (yiv) naming the person(s) person or persons to whom delivery of such securities shall be made;
(xv) Upon receipt made and attaching a certified copy of instructions from the Fund’s Transfer Agent for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information a resolution of the Fund related to Board of Directors or an authorized committee thereof approving the Portfolio, in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii) For any other proper purpose, but only upon receipt of Special Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio to be delivered and (B) the person(s) to whom delivery of such securities shall be madeProper Instructions.
Appears in 1 contract
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an the Custodian's Direct Paper book entry system account at the Underlying Transfer Agent, ("DIRECT PAPER SYSTEM ACCOUNT") only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided PROVIDED that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, BUT ONLY against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing by a the Fund on behalf of a the Portfolio requiring a pledge of assets by the Fund on behalf of such the Portfolio, BUT ONLY against receipt of amounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "EXCHANGE ACT") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf Portfolio of a Portfoliothe Fund;
(xiii13) For delivery in accordance with the provisions of any agreement among a the Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission ("CFTC") and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf Portfolio of a Portfoliothe Fund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the Fund’s Transfer Agent transfer agent for the Fund (the "TRANSFER AGENT") for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the "PROSPECTUS"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii15) For any other proper purpose, but only BUT ONLY upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper trust purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 1 contract
Samples: Custodian Agreement (CDC MPT Funds)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio the Company held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon the sale of such securities for the account of the Portfolio Company and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the PortfolioCompany;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.9 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for portfolio securities of owned by the PortfolioCompany;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio Company 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 2.8 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided provided, that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the PortfolioCompany, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;; Information Classification: Limited Access
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Company, but only against receipt of adequate collateral as agreed upon from time to time by the Fund on behalf Custodian and the Company, which may be in the form of cash or obligations issued by the PortfolioUnited States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio Company prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio the Company requiring a pledge of assets by the Fund on behalf Company provided, however, that securities shall be released only upon payment to the Company of such Portfoliothe monies borrowed, except that in cases where additional collateral is required to secure a borrowing already made subject to proper prior authorization, further securities may be released for that purpose upon receipt of Proper Instructions;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioCompany, the Custodian and a broker-dealer which is registered under the 1934 Securities Act of 1934, as amended (the “Exchange Act”), and a member of the NASDThe Financial Industry Regulatory Authority, Inc. (“FINRA”), 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 on behalf of a PortfolioCompany;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioCompany, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (“CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;Company; Information Classification: Limited Access
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the Fund’s transfer agent or registrar of the Company, if any (“Transfer Agent Agent”), or from the Company, if there is no such Transfer Agent, for delivery to such Transfer Agent or to the holders of Shares the Company’s shares of beneficial interest (“Shares”) in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the Portfolio, in satisfaction of requests by holders of Shares for repurchase or redemptionredemption by the Company;
(xvi15) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.12 hereof;
16) For delivery to a broker in connection with the broker’s custody of margin collateral relating to futures or options on futures contracts; and
(xvii17) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (Aa) the securities of the Portfolio to be delivered and (Bb) the person(s) to whom delivery of such securities shall be made.
Appears in 1 contract
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an the Custodian's Direct Paper book entry system account at the Underlying Transfer Agent, ("DIRECT PAPER SYSTEM ACCOUNT") only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing by a the Fund on behalf of a the Portfolio requiring a pledge of assets by the Fund on behalf of such the Portfolio, but only against receipt of amounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "EXCHANGE ACT") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf Portfolio of a Portfoliothe Fund;
(xiii13) For delivery in accordance with the provisions of any agreement among a the Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf Portfolio of a Portfoliothe Fund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the Fund’s Transfer Agent transfer agent for the Fund (the "TRANSFER AGENT") for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the "PROSPECTUS"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii15) For any other proper trust purpose, but only upon receipt of Special of, in addition to Proper Instructions from the Fund on behalf of the applicable Portfolio Portfolio, a copy of a resolution of the Board of Trustees or of the Executive Committee thereof signed by an officer of the Fund and certified by the Secretary or an Assistant Secretary thereof (a "CERTIFIED RESOLUTION"), specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper trust purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 1 contract
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio the Company held by the Custodian, in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioCompany, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio Company in accordance with customary or established market practices and receipt procedures, including, without limitation, delivery to the purchaser thereof or to a dealer therefor (or an agent of payment thereforsuch purchaser or dealer) against expectation of receiving later payment;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the PortfolioCompany;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the PortfolioCompany;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio Company 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 2.62.7 or into the name or nominee name of any sub‑custodian appointed pursuant to Section 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the PortfolioCompany, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence negligence, fraud, or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio Company (Aa) against receipt of collateral as agreed from time to time by the Fund on behalf of the PortfolioCompany, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio Company prior to the receipt of such collateral or (Bb) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the FundCompany;
(xi11) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio the Company requiring a pledge of assets by the Fund on behalf of such PortfolioCompany;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioCompany, the Custodian and a broker-dealer broker‑dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA,” formerly known as The National Association of Securities Dealers, Inc.), 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 on behalf of a PortfolioCompany;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioCompany, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (the “CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a PortfolioCompany;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub(a) Special Sub-Custodians or (b) additional custodians appointed by the Company, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Company, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio Company to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the FundCompany’s transfer agent (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to Company (the Portfolio“Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi16) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.10 hereof;
17) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Company; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio Company specifying (Aa) the securities of the Portfolio Company to be delivered and (Bb) the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 1 contract
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio the Fund held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an the Custodian's Direct Paper book entry system account at the Underlying Transfer Agent, ("Direct Paper Account") only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio Fund and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the PortfolioFund;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.10 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for portfolio securities of the PortfolioFund;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the . name of the Portfolio 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 2.9 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.6Article 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account account-of the PortfolioFund, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Fund, but only against receipt of adequate collateral as agreed upon from time to time by the Fund on behalf Custodian and the Fund, which may be in the form of cash or obligations issued by the PortfolioUnited States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio Fund prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing borrowings by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf Fund, but only against receipt of such Portfolioamounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioFund, the Custodian and a broker-dealer registered under the 1934 Securities Exchange Act of 193 4 (the "Exchange Act") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf of a PortfolioFund;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioFund, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a PortfolioFund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv) Upon receipt of instructions from the Fund’s Transfer Agent for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the Portfolio, in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii14) For any other proper corporate purpose, but only upon receipt of, in addition to Proper Instructions, a certified copy of Special Instructions from a resolution of the Board of Directors or of the Executive Committee signed by an officer of the Fund on behalf of and certified by the applicable Portfolio Secretary or an Assistant Secretary, specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper corporate purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 1 contract
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio the Company held by the Custodian, in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of from the applicable PortfolioCompany, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio Company in accordance with customary or established market practices and receipt procedures, including, without limitation, delivery to the purchaser thereof or to a dealer therefor (or an agent of payment thereforsuch purchaser or dealer) against expectation of receiving later payment;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the PortfolioCompany;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the PortfolioCompany;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio Company 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the PortfolioCompany, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio Company (Aa) against receipt of collateral as agreed from time to time by the Fund on behalf of the PortfolioCompany, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio Company prior to the receipt of such collateral or (Bb) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the FundCompany;
(xi11) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio the Company requiring a pledge of assets by the Fund on behalf of such PortfolioCompany;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioCompany, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA,” formerly known as The National Association of Securities Dealers, Inc.), 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 on behalf of a PortfolioCompany;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the PortfolioCompany, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (the “CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a PortfolioCompany;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub(a) Special Sub-Custodians or (b) additional custodians appointed by the Company, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Company, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio Company to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the FundCompany’s transfer agent (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to Company (the Portfolio“Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi16) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.10 hereof;
17) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Company; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio Company specifying (Aa) the securities of the Portfolio to be delivered and (Bb) the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 1 contract
Samples: Custodian Agreement (Dividend Capital Global Real Estate Fund of Funds, L.P.)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio in accordance with customary or established market practices and receipt procedures, including, without limitation, delivery to the purchaser thereof or to a dealer therefor (or an agent of payment thereforsuch purchaser or dealer) against expectation of receiving later payment;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (Aa) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (Bb) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi11) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA” formerly known as The National Association of Securities Dealers, Inc.), 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 on behalf of a Portfolio;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (the “CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub(a) Special Sub-Custodians or (b) additional custodians appointed by the Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Fund, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the Fund’s transfer agent (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the “Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi16) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.10 hereof;
17) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund on behalf of the Portfolio; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (Aa) the securities of the Portfolio to be delivered and (Bb) the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 1 contract
Samples: Master Custodian Agreement (John Hancock Hedged Equity & Income Fund)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, in a U.S. Clearing aU.S. Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt in accordance with customary or established market practices and. procedures including those customarily utilized for beneficial holders which are U.S. registered investment companies, including, without limitation, delivery to the purchaser thereof or to a dealer therefor (or an agent of payment thereforsuch purchaser or dealer) against expectation of receiving later payment;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the ofthe Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;; ·
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (Aa) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (Bb) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi11) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio;
(xii12) For delivery in accordance with the the. provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Acf”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA,” formerly known as The National Association of Securities Dealers, Inc.), 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 on behalf of a Portfolio;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC ofthe Commodity Futures Trading Commission (the”CFTC’) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub(a) Special Sub-Custodians or (b) additional custodians appointed by the Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Fund, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a”Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the Fund’s transfer agent (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the “Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi16) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund ofUnderlying Shares, in accordance with Section 3.7 2.10 hereof;
17) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund on behalf of the Portfolio; and
(xvii18) For any other proper purpose, but only upon receipt of Special ofProper Instructions from the Fund on behalf of the applicable Portfolio specifying (Aa) the securities of the Portfolio to be delivered and (Bb) the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 1 contract
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic ---------------------- securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an the Custodian's Direct Paper System account at the Underlying Transfer Agent, ("Direct Paper System Account") only upon receipt of Proper Instructions from the Fund on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2. 10 hereof;,
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.9 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.6Article 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any -------- such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, but only against receipt of adequate collateral as --- ---- agreed upon from time to time by the Custodian and the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing borrowings by a the Fund on behalf of a the Portfolio requiring a pledge of assets by the Fund on behalf of such the Portfolio, but only against receipt of -------- amounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "Exchange Act") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf Portfolio of a Portfoliothe Fund;
(xiii13) For delivery in accordance with the provisions of any agreement among a the Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf Portfolio of a Portfoliothe Fund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the Fund’s transfer agent for the Fund (the "Transfer Agent Agent") for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund Fund, related to the PortfolioPortfolio (the "Prospectus"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii15) For any other proper corporate purpose, but only upon receipt of Special of, -------- in addition to Proper Instructions from the Fund on behalf of the applicable Portfolio Portfolio, a certified copy of a resolution of the Board of Trustees of the Fund or of the Executive Committee signed by an officer of the Fund and certified by the Secretary or an Assistant Secretary (a "Certified Resolution"), specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper corporate purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 1 contract
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an the Custodian's Direct Paper book entry system account at the Underlying Transfer Agent, ("Direct Paper System Account") only upon receipt of Proper Instructions from the Trust on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.10 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.9 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.6Article l; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided PROVIDED that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, securities or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, but only against receipt of adequate collateral as agreed upon from time to time by the Fund Custodian and the Trust on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing borrowings by a Fund the Trust on behalf of a the Portfolio requiring a pledge of assets by the Fund Trust on behalf of such the Portfolio, but only against receipt of amounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund Trust on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "Exchange Act") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf Portfolio of a Portfoliothe Trust;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund the Trust on behalf of the Portfolio, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf Portfolio of a Portfoliothe Trust;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the Fund’s transfer agent ("Transfer Agent Agent") for the Trust, for delivery to such Transfer Agent or to the holders of Shares shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund Trust, related to the PortfolioPortfolio ("Prospectus"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii15) For any other proper corporate purpose, but only BUT ONLY upon receipt of Special of, in addition to Proper Instructions from the Fund Trust on behalf of the applicable Portfolio Portfolio, a certified copy of a resolution of the Board of Trustees or of the Executive Committee signed by an officer of the Trust and certified by the Secretary or an Assistant Secretary, specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper corporate purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 1 contract
Delivery of Securities. The Custodian shall release and deliver Domestic Securities owned by a Portfolio held by the Custodian, in a U.S. Clearing System account of the Custodian or in an account at the Underlying Transfer Agent, a Securities Depository or Book Entry Account for Custodian only upon receipt of Proper Instructions proper instructions from the Fund on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the partiesFund and Custodian specifically agree in writing, and only in the following cases:
(i) Upon the sale of such securities Securities for the account of the Portfolio and the receipt of payment therefor;
(ii) Upon the receipt of payment in connection with any repurchase agreement related to such securities Securities entered into by the Portfolio;
(iii) In the case of a sale effected through a U.S. Clearing SystemSecurities Depository or Book Entry Account, in accordance with the provisions of Section 3.5 hereof3 of this agreement;
(iv) To the depository agent in In connection with tender or other similar offers for securities of Securities owned by the Portfolio;
(v) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to Custodian;
(v) To the issuer thereof or its agent when such Securities are called, redeemed, retired, or otherwise become payable, provided that, in any such case, the cash or other consideration is to be delivered to Custodian;
(vi) To the issuer thereof, or its agent, for transfer into the name of the Portfolio Custodian 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 2.6; Custodian, or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; , or for exchange of interim receipts or temporary Securities or definitive Securities, provided that, in any such case, the new securities Securities are to be delivered to the Custodian;
(vii) Upon the sale of such securities for the account of the Portfolio, to To the broker or its clearing agentselling the same, against a receipt, for examination in accordance with “"street delivery” custom; " custom provided that Custodian may adopt such procedures to ensure their prompt return to Custodian by the broker in any such case, the Custodian shall have no responsibility or liability for any loss arising from event the delivery of such securities prior broker elects not to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconductaccept them;
(viii) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization reorganization, or readjustment of the securities Securities of the issuer of such securitiesSecurities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; Securities provided that, in any such case, the new securities Securities and cash, if any, are to be delivered to the Custodian;
(ix) In the case of warrants, rights or similar securitiesSecurities, the surrender thereof in upon the exercise of such warrants, rights or similar securities Securities or the surrender of interim receipts or temporary securities for definitive securities; Securities, provided that, in any such case, the new securities Securities and cash, if any, are to be delivered to the Custodian;
(x) For If the Custodian and the Fund have executed a Securities Lending Agreement, for delivery in connection with any loans of securities made by the Portfolio (A) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited pursuant to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt terms of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the FundSecurities Lending Agreement;
(xi) For delivery as security in connection with any borrowing borrowings by a the Fund on behalf of a the Portfolio requiring a pledge of assets by the Fund on behalf of such Portfoliothe Portfolio but only against receipt of amounts borrowed;
(xii) For delivery with the provisions of any agreement among the Fund on behalf of the Portfolio, Custodian and a broker-dealer registered under the Exchange Act and a member of the National Association of Securities Dealers, Inc. ("NASD"), relating to compliance with the rules of The Options Clearing Corporation (the "O.C.C.") and of any registered national securities exchange or any similar organization, regarding escrow or other arrangements in connection with transactions of the Fund;
(xiii) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the 1934 Act and a member of 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 on behalf of a Portfolio;
(xiii) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to the compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv) Upon receipt of instructions from the Fund’s Transfer Agent for the Fund, for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the one or more currently effective prospectus and statement of additional information prospectuses of the Fund related to the PortfolioFund, in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xviixv) For any other proper purposepurpose of the Fund, but only upon receipt of Special Instructions in addition to proper instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities Portfolio, a certified resolution of the Portfolio Board of Trustees of the Fund specifying the Securities to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper purpose, and (B) naming the person(s) person or persons to whom delivery of such securities Securities shall be made.
Appears in 1 contract
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an the Custodian's Direct Paper book entry system account at the Underlying Transfer Agent, ("DIRECT PAPER SYSTEM ACCOUNT") only upon receipt of Proper Instructions from the Trust on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such suc securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.9 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.8 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, but only against receipt of adequate collateral as agreed upon from time to time by the Fund Custodian and the Trust on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing by a Fund the Trust on behalf of a the Portfolio requiring a pledge of assets by the Fund Trust on behalf of such the Portfolio, but only against receipt of amounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement DRAFT -- FOR DISCUSSION PURPOSES ONLY among the Fund Trust on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "EXCHANGE ACT") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf Portfolio of a Portfoliothe Trust;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund the Trust on behalf of the Portfolio, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf Portfolio of a Portfoliothe Trust;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the Fund’s Transfer Agent transfer agent for the Trust (the "TRANSFER AGENT") for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund Trust related to the PortfolioPortfolio (the "PROSPECTUS"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii15) For any other proper trust purpose, but only upon receipt of Special written Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper trust purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 1 contract
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.9 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.8 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (Bcollateral;
11) For delivery in connection with any loans of securities made by a Fund on behalf of a Portfolio to the a third-party lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may or may not provide for the receipt by the Custodian of collateral therefor) ), as agreed upon from time to time by the Custodian and the FundFund on behalf of the Portfolio;
(xi12) For the payment of initial or variation margin in connection with trading in futures and options on futures contracts;
13) For delivery as security in connection with any borrowing by a the Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio, but only against receipt of amounts borrowed;
(xii14) For delivery in accordance with the provisions of any agreement among the a Fund on behalf of the a Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the The National Association of Securities Dealers, Inc. (“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 on behalf of a Portfolio;
(xiii15) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the a Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (“CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv16) Upon receipt of instructions from the Fund’s transfer agent for the Fund (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the “Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi17) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.14 hereof; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio to be delivered and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 1 contract
Samples: Master Custodian Agreement (DWS Dreman Value IncomEdge Fund, Inc.)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic ---------------------- securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an the Custodian's Direct Paper book entry system account at the Underlying Transfer Agent, ("Direct Paper System Account") only upon receipt of Proper Instructions from the Fund on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.10 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.9 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in -------- any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, but only against receipt of adequate collateral as agreed --- ---- upon from time to time by the Custodian and the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "Exchange Act") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf of a the Portfolio;
(xiii13) For delivery in accordance with the provisions of any agreement among a the Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a the Portfolio;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the transfer agent ("Transfer Agent") for the Fund’s Transfer Agent , for delivery to such Transfer Agent or to the holders of Shares shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund Fund, related to the PortfolioPortfolio ("Prospectus"), in satisfaction of requests by holders of Shares for repurchase or redemption;
15) For the payment of initial or variation margin in connection with trading in futures and options on futures contracts; and
16) For delivery to one or more additional custodians (xvi"each, a "Repo Custodian") In appointed by a Fund and communicated to the case Custodian in writing on a Schedule D attached hereto (as may be amended from time to time), duly executed by an authorized officer of a sale processed through such Fund, for the Underlying Transfer Agent for Underlying Fund Sharespurpose of engaging in repurchase agreement transactions(s), which delivery may be made without contemporaneous receipt by the Custodian of assets in exchange therefor, and upon which delivery to such Repo Custodian in accordance with Section 3.7 hereofProper Instructions from the Fund, the Custodian shall have no further responsibility or obligation to the Fund as a custodian for the Portfolios with respect to the securities so delivered (each such delivery a "Free Trade"); and
(xvii17) For any other proper corporate purpose, but only upon receipt of Special --- ---- Proper Instructions from the Fund on behalf of the applicable Portfolio Portfolio, specifying (A) the securities of the Portfolio to be delivered and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 1 contract
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an the Custodian's Direct Paper book entry system account at the Underlying Transfer Agent, ("DIRECT PAPER SYSTEM ACCOUNT") only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.6l; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided PROVIDED that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, BUT ONLY against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing by a the Fund on behalf of a the Portfolio requiring a pledge of assets by the Fund on behalf of such the Portfolio, BUT ONLY against receipt of amounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "EXCHANGE ACT") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf Portfolio of a Portfoliothe Fund;
(xiii13) For delivery in accordance with the provisions of any agreement among a the Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission ("CFTC") and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf Portfolio of a Portfoliothe Fund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the Fund’s Transfer Agent transfer agent for the Fund (the "TRANSFER AGENT") for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the "PROSPECTUS"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii15) For any other proper purpose, but only BUT ONLY upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper corporate purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 1 contract
Samples: Custodian Agreement (Bb&t Funds /)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an the Custodian's Direct Paper book entry system account at the Underlying Transfer Agent, ("Direct Paper System Account") only upon receipt of Proper Instructions from the Fund on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.10 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.9 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.6Article 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided PROVIDED that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, BUT ONLY against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing borrowings by a the Fund on behalf of a the Portfolio requiring a pledge of assets by the Fund on behalf of such the Portfolio, BUT ONLY against receipt of amounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "Exchange Act") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf Portfolio of a Portfoliothe Fund;
(xiii13) For delivery in accordance with the provisions of any agreement among a the Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf Portfolio of a Portfoliothe Fund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the transfer agent ("Transfer Agent") for the Fund’s Transfer Agent , for delivery to such Transfer Agent or to the holders of Shares Beneficial Interests in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund Fund, related to the PortfolioPortfolio ("Prospectus"), in satisfaction of requests by holders of Shares Beneficial Interests for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii15) For any other proper purpose, but only BUT ONLY upon receipt of Special of, in addition to Proper Instructions from the Fund on behalf of the applicable Portfolio Portfolio, a certified copy of a resolution of the Board of Trustees or of the Executive Committee signed by an officer of the Fund and certified by the Secretary or an Assistant Secretary, specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 1 contract
Delivery of Securities. The U.S. Sub-Custodian shall release and deliver Domestic Securities owned by a Portfolio U.S. Assets held by the Custodian, U.S. Sub-Custodian or in a U.S. Clearing Securities System account of the U.S. Sub-Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable PortfolioInstructions, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio a Fund and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the PortfolioTrust on behalf of a Fund;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 hereof4.11;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the PortfolioU.S. Assets;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the U.S. Sub-Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio a Fund or into the name of any nominee or nominees of the U.S. Sub-Custodian or into the name or nominee name of any agent appointed pursuant to Section 4.10 or into the name or nominee name of any sub-custodian appointed pursuant to to
Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, -------- the new securities are to be delivered to the U.S. Sub-Custodian;
(vii7) Upon the sale of such securities for the account of the Portfoliosecurities, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the U.S. Sub-Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the U.S. Sub-Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the U.S. Sub-Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the U.S. Sub-Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Trust on behalf of a Fund, but only against receipt of --- ---- adequate collateral as agreed upon from time to time by the Fund U.S. Sub-Custodian and the Trust on behalf of the PortfolioFund, which may be in the form of cash or obligations issued by the U.S. Government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the U.S. Sub- Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, U.S. Sub-Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio Fund prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing borrowings by a Fund the Trust on behalf of a Portfolio Fund requiring a pledge of assets by the Fund Trust on behalf of such Portfoliothe Fund, but only against receipt of amounts --- ---- borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund Trust on behalf of the Portfolioa Fund, the U.S. Sub-Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "Exchange Act") and a member of the The National Association of Securities Dealers, Inc. ("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 Trust on behalf of a Portfoliosuch Fund;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund the Trust on behalf of the Portfolioa Fund, the U.S. Sub-Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEAU.S. Commodity Exchange Act, relating to compliance with the rules of the CFTC U.S. Commodity Futures Trading Commission and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund Trust on behalf of a Portfoliosuch Fund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the Fund’s transfer agent ("Transfer Agent Agent") for a Fund and upon receipt of a certified copy of the approval by the Supervisors of such action, for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund Trust related to the Portfoliothat Fund ("Prospectus"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii15) For any other proper corporate purpose, but only upon receipt of Special --- ---- of, in addition to Proper Instructions from the Fund Trust on behalf of a Fund, certified copies of resolutions of the applicable Portfolio Trustees and Supervisors, specifying (A) the securities of the Portfolio Fund to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper corporate purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made. Payment for securities may be received in the form of cash, certified check, bank cashier's check, bank credit, bank wire transfer, credit to the account of the U.S. Sub-Custodian with a clearing corporation of a national securities exchange of which the U.S. Sub-Custodian is a member, or credit to the account of the U.S. Sub-Custodian with a U.S. Securities System.
Appears in 1 contract
Delivery of Securities. The Upon receipt of Written Instructions, the Custodian shall release and deliver Domestic deliver, or cause the Agent to release and deliver, Securities owned by from a Portfolio held by the Custodian, in a U.S. Clearing System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and Securities Depository but only in the following cases, provided, however, that the Securities handled by JASDEC shall be released or delivered under the Japanese Act on Book Entry of Corporate Bonds and Shares and rules of JASDEC:
(ia) Upon the sale of such securities Securities for the account of the Portfolio and Fund but only against receipt of payment therefortherefor in cash, by certified or cashiers check or bank credit;
(ii) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iiib) In the case of a sale effected through a U.S. Clearing SystemSecurities Depository, in accordance with the provisions of Section 3.5 hereof3.04 above;
(ivc) To the an offeror’s depository agent in connection with tender or other similar offers for securities Securities of the Portfolio;
(v) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payableFund; provided that, in any such case, the cash or other consideration is to be delivered to the CustodianCustodian or the Agent;
(vid) To the issuer thereof, thereof or its agent, agent (i) for transfer into the name of the Portfolio Fund, the Custodian or into the name of Agent, or any nominee or nominees of any of the Custodian foregoing, or into the name or nominee name of any agent or any sub-custodian appointed pursuant to Section 2.6; or (ii) for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities Securities are to be delivered to the CustodianCustodian or the Agent;
(viie) Upon the sale of such securities for the account of the Portfolio, to To the broker or its clearing agent, against a receiptselling the Securities, for examination in accordance with the “street delivery” custom;
(f) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the issuer of such Securities, or pursuant to provisions for conversion contained in such Securities, or pursuant to any deposit agreement, including surrender or receipt of underlying Securities in connection with the issuance or cancellation of depository receipts; provided that, in any such case, the new Securities and cash, if any, are to be delivered to the Custodian or the Agent;
(g) Upon receipt of payment therefor pursuant to any repurchase or reverse repurchase agreement entered into by the Fund;
(h) In the case of warrants, rights or similar Securities, upon the exercise thereof, provided that, in any such case, the new Securities are to be delivered to the Custodian or the Agent;
(i) For delivery in connection with any loans of Securities of the Fund, but only against receipt of such collateral as the Fund shall have specified to the Custodian in Written Instructions;
(j) For delivery as security in connection with any borrowings by the Fund requiring a pledge of assets by the Fund, but only against receipt by the Custodian of the amounts borrowed;
(k) Pursuant to any authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Fund;
(l) For delivery in accordance with the provisions of any agreement among the Fund, the Custodian and a broker-dealer registered under the 1934 Act and a member of FINRA, 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;
(m) For delivery 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;
(n) For any other proper corporate purpose, but only upon receipt, in addition to Written Instructions, specifying the Securities to be delivered, declaring such purpose to be a proper corporate purpose; or
(o) To brokers, clearing banks or other clearing agents for examination or trade execution in accordance with market custom; provided that in any such case, case the Custodian and Agent shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s or Agent’s own negligence or willful misconduct;
(viii) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x) For delivery in connection with any loans of securities made by the Portfolio (A) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio;
(xii) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the 1934 Act and a member of 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 on behalf of a Portfolio;
(xiii) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEA, relating to compliance with the rules of the CFTC and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv) Upon receipt of instructions from the Fund’s Transfer Agent for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the Portfolio, in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii) For any other proper purpose, but only upon receipt of Special Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio to be delivered and (B) the person(s) to whom delivery of such securities shall be made.
Appears in 1 contract
Samples: Custody Agreement (Altaba Inc.)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an the Custodian's Direct Paper book entry system account at the Underlying Transfer Agent, ("Direct Paper System Account") only upon receipt of Proper Instructions from the Fund on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.10 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.9 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.6Article 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided PROVIDED that, in any such case, the new securities are to be delivered to the Custodian;
(vii) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x) For delivery in connection with any loans of securities made by the Portfolio (A) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio;
(xii) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the 1934 Act and a member of 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 on behalf of a Portfolio;
(xiii) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEA, relating to compliance with the rules of the CFTC and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv) Upon receipt of instructions from the Fund’s Transfer Agent for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the Portfolio, in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii) For any other proper purpose, but only upon receipt of Special Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio to be delivered and (B) the person(s) to whom delivery of such securities shall be made.
Appears in 1 contract
Samples: Custodian Contract (Sei Institutional Investments Trust)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, in a U.S. Clearing aU.S. Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio in accordance with customary or established market practices and receipt procedures, including, without limitation, delivery to the purchaser thereof or to a dealer therefor (or an agent of payment thereforsuch purchaser or dealer) against expectation of receiving later payment;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (Aa) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (Bb) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi11) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Acf) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA,”” formerly known as The National Association of Securities Dealers, Inc.), 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 on behalf of a Portfolio;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (the “CFTC) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub(a) Special Sub-Custodians or (b) additional custodians appointed by the Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Fund, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the Fund’s transfer agent (the “Transfer Agent Agenf) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the “Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi16) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.10 hereof;
17) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund on behalf of the Portfolio; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the me applicable Portfolio specifying (Aa) the securities of the Portfolio to be delivered and (Bb) the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 1 contract
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an the Custodian's Direct Paper book entry system account at the Underlying Transfer Agent, ("Direct Paper System Account") only upon receipt of Proper Instructions from the Fund on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.10 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.9 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.6Article 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided PROVIDED that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, BUT ONLY against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s 's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing borrowings by a the Fund on behalf of a the Portfolio requiring a pledge of assets by the Fund on behalf of such the Portfolio, BUT ONLY against receipt of amounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "Exchange Act") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf Portfolio of a Portfoliothe Fund;
(xiii13) For delivery in accordance with the provisions of any agreement among a the Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf Portfolio of a Portfoliothe Fund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the transfer agent ("Transfer Agent") for the Fund’s Transfer Agent , for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund Fund, related to the PortfolioPortfolio ("Prospectus"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii15) For any other proper corporate purpose, but only BUT ONLY upon receipt of Special of, in addition to Proper Instructions from the Fund on behalf of the applicable Portfolio Portfolio, a certified copy of a resolution of the Board of Trustees or of the Executive Committee signed by an officer of the Fund and certified by the Secretary or an Assistant Secretary, specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper corporate purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 1 contract
Samples: Custodian Contract (Alger Fund)
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio held by the Custodian, in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio in accordance with customary or established market practices and receipt procedures, including, without limitation, delivery to the purchaser thereof or to a dealer therefor (or an agent of payment thereforsuch purchaser or dealer) against expectation of receiving later payment;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.8 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.7 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.61; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence negligence, fraud or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (Aa) against receipt of collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (Bb) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xi11) For delivery as security in connection with any borrowing by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the “Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA”), 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 on behalf of a Portfolio;
(xiii13) For delivery in accordance with the provisions of any agreement among a Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission (the “CFTC”) and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv14) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub(a) Special Sub-Custodians or (b) additional custodians appointed by the Fund, and communicated to the Custodian from time to time via a writing duly executed by an authorized pursuant officer of the Fund, for the purpose of engaging in repurchase agreement transactions(s), each a “Repo Custodian”), and prior to Section 2.6(b)receipt of payment therefor, as set forth in written Proper InstructionsInstructions (such delivery in advance of payment, along with payment in advance of delivery made in accordance with Section 2.6(7), as applicable, shall each be referred to herein as a “Free Trade”), provided that such Proper Instructions shall set forth (xa) the securities of the Portfolio to be delivered and (yb) the person(s) to whom delivery of such securities shall be made;
(xv15) Upon receipt of instructions from the Fund’s transfer agent (the “Transfer Agent Agent”) for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the “Prospectus”), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi16) In the case of a sale processed through the Underlying Transfer Agent for of Underlying Fund Shares, in accordance with Section 3.7 2.10 hereof;
17) For delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund on behalf of the Portfolio; and
(xvii18) For any other proper purpose, but only upon receipt of Special Proper Instructions from the Fund on behalf of the applicable Portfolio specifying (Aa) the securities of the Portfolio to be delivered and (Bb) the person(s) person or persons to whom delivery of such securities shall be made.
Appears in 1 contract
Delivery of Securities. The Custodian shall release and deliver Domestic Securities owned by a each Portfolio held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf (as defined below in Section P of the applicable Portfoliothis Article II), which may be continuing instructions when deemed appropriate by the partiesTrust and the Custodian, and only in the following cases:
(i) Upon a. Except in the case of a sale effected through a Securities System, upon sale of such securities Securities for the account of the each Portfolio and receipt of payment therefortherefore;
(ii) b. Upon the receipt of payment in connection with any repurchase agreement related to such securities Securities entered into by the a Portfolio;
(iii) c. In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 L hereof;
(iv) d. To the depository transfer or forwarding agent in connection with tender or other similar offers for securities Portfolio Securities of the each Portfolio;
(v) e. To the issuer thereof or its agent when such securities Securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi) f. To the issuer thereof, or its agent, for transfer into the name of the a Portfolio 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 K of this Article II or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.6Article I; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities Securities are to be delivered to the Custodian;
(vii) g. Upon the sale of such securities Securities for the account of the a Portfolio, to the broker or its clearing agent, agent against a receipt, receipt for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconduct;
(viii) h. For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities Securities of the issuer of such securitiesissuer, or pursuant to provisions for conversion contained in such securitiesSecurities, or pursuant to any deposit agreement; provided that, in any such case, the new securities Securities and cash, if any, are to be delivered to the Custodian;
(ix) i. In the case of warrants, rights or similar securitiesSecurities , the surrender thereof in the exercise of such warrants, rights or similar securities Securities or the surrender of interim receipts or temporary securities Securities for definitive securitiesSecurities; provided that, in any such case, the new securities Securities and cash, if any, are to be delivered to the Custodian;
(x) j. For delivery in connection with any loans of securities Securities made by a Portfolio, but only against Proper Instructions from the Portfolio (A) Adviser, against receipt of collateral as agreed from time to time the designated collateral, which may be in the form of cash or obligations issued by the Fund on behalf of the PortfolioUnited States Government, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, will not be held liable agencies or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundinstrumentalities;
(xi) k. For delivery as security in connection with any borrowing borrowings by a Fund on behalf of a Portfolio requiring a pledge of assets by the Fund on behalf of such Portfolio, but only against receipt of amounts borrowed;
(xii) l. Upon receipt of instructions from the transfer agent for the Trust, for delivery to such transfer agent or to holders of Portfolio Shares in connection with distributions in kind in satisfaction of requests by holders of Portfolio Shares for repurchase or redemption;
m. For delivery in accordance with the provisions of any agreement among the Fund on behalf of amount the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (“Exchange Act”) and a member of the NASDFinancial Industry Regulatory Authority, Inc. (“FINRA”), 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 on behalf of a Portfolio;
(xiii) n. For delivery in accordance with the provisions of any agreement among a Fund on behalf of amount the Portfolio, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEACommodity Exchange Act, relating to compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract market, market or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;; and
(xiv) Upon the sale or o. For any other delivery of such investments (includingproper trust purposes, without limitationbut only upon receipt of, in addition to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities a notification signed by two officers of the Portfolio Trust and certified by the Secretary or an Assistant Secretary of the Trust, specifying the Securities to be delivered delivered, setting forth the purposes for which such delivery is to be made, declaring such purposes to be proper corporate purposes, and (y) naming the person(s) person or persons to whom delivery of such securities shall be made;
(xv) Upon receipt of instructions from the Fund’s Transfer Agent for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the Portfolio, in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii) For any other proper purpose, but only upon receipt of Special Instructions from the Fund on behalf of the applicable Portfolio specifying (A) the securities of the Portfolio to be delivered and (B) the person(s) to whom delivery of such securities Securities shall be made.
Appears in 1 contract
Delivery of Securities. The Custodian shall release and deliver Domestic Securities domestic securities owned by a Portfolio and held by the Custodian, Custodian or in a U.S. Clearing Securities System account of the Custodian, which account shall not include any assets of the Custodian other than assets held as a fiduciary, custodian or otherwise for its customers ("U.S. Securities System Account") or in an the Custodian's Direct Paper book-entry system account, which account at shall not include any assets of the Underlying Transfer AgentCustodian other than assets held as a fiduciary, custodian or otherwise for its customers ("Direct Paper System Account") only upon receipt of Proper Instructions from the Fund on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following cases:
(i1) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii2) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii3) In the case of a sale effected through a U.S. Clearing Securities System, in accordance with the provisions of Section 3.5 2.10 hereof;
(iv4) To the depository agent in connection with tender or other similar offers for securities of the Portfolio;
(v5) To the issuer thereof or its agent when such securities are called, redeemed, retired or otherwise become payable; provided that, in any such case, the cash or other consideration is to be delivered to the Custodian;
(vi6) To the issuer thereof, or its agent, for transfer into the name of the Portfolio 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 2.9 or into the name or nominee name of any sub-custodian appointed pursuant to Section 2.6Article 1; or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodian;
(vii7) Upon the sale of such securities for the account of the Portfolio, to the broker or its clearing agent, against a receipt, for examination in accordance with “"street delivery” " custom; provided that that, in any such case, the Custodian shall have no responsibility or liability for any loss arising from the delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s 's own negligence or willful misconduct;
(viii) 8) For exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such securities, or pursuant to provisions for conversion contained in such securities, or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodian;
(ix9) In the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities; provided that, in any such case, the new securities and cash, cash if any, are to be delivered to the Custodian;
(x10) For delivery in connection with any loans of securities made by the Portfolio (A) Portfolio, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund on behalf of the Portfolio, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the 's U.S. Department of the TreasurySecurities System Account, the Custodian, in its capacity as custodian hereunder, Custodian will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fundcollateral;
(xi11) For delivery as security in connection with any borrowing borrowings by a the Fund on behalf of a the Portfolio requiring a pledge of assets by the Fund on behalf of such the Portfolio, but only against receipt of amounts borrowed;
(xii12) For delivery in accordance with the provisions of any agreement among the Fund on behalf of the Portfolio, the Custodian and a broker-dealer registered under the Securities Exchange Act of 1934 Act (the "Exchange Act") and a member of the The National Association of Securities Dealers, Inc. ("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 on behalf Portfolio of a Portfoliothe Fund;
(xiii13) For delivery in accordance with the provisions of any agreement among a the Fund on behalf of the Portfolio, the Custodian, and a futures commission merchant Futures Commission Merchant registered under the CEA, Commodity Exchange Act relating to compliance with the rules of the CFTC Commodity Futures Trading Commission and/or any contract marketContract Market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf Portfolio of a Portfoliothe Fund;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(s) to whom delivery of such securities shall be made;
(xv14) Upon receipt of instructions from the Fund’s transfer agent for the Fund (the "Transfer Agent Agent"), for delivery to such Transfer Agent or to the holders of Shares shares in connection with distributions in kind, as may be described from time to time in the Fund's currently effective prospectus and statement of additional information of the Fund related to the PortfolioPortfolio (the "Prospectus"), in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xvii15) For any other proper corporate purpose, but only upon receipt of Special of, in addition to Proper Instructions from the Fund on behalf of the applicable Portfolio Portfolio, a certified copy of a resolution of the Board of Trustees or of the executive committee thereof signed by an officer of the Fund and certified by the Fund's Secretary or Assistant Secretary specifying (A) the securities of the Portfolio to be delivered delivered, setting forth the purpose for which such delivery is to be made, declaring such purpose to be a proper corporate purpose, and (B) naming the person(s) person or persons to whom delivery of such securities shall be made.
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Delivery of Securities. The Custodian agrees to transfer, exchange or deliver Securities as provided in Article 7, or on receipt by it of, and in accordance with, a Written Order from the Fund in which the Fund shall release and deliver Domestic Securities owned by a Portfolio held by the Custodian, in a U.S. Clearing System account state specifically which of the Custodian or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, which may be continuing instructions when deemed appropriate by the parties, and only in the following casescases is covered thereby:
(ia) Upon sale of such securities for the account of the Portfolio and receipt of payment therefor;
(ii) Upon the receipt of payment in connection with any repurchase agreement related to such securities entered into by the Portfolio;
(iii) In the case of deliveries of Securities sold by the Fund, against receipt by the Custodian of the proceeds of sale and after receipt of a sale effected through confirmation from a U.S. Clearing Systembroker or dealer (or, in accordance with industry practice with respect to "same day trades," acceptance of delivery of such securities by the provisions of Section 3.5 hereofbroker or dealer, which acceptance is followed up by confirmation thereof within the normal settlement period) with respect to the transaction;
(ivb) To in the depository agent in connection with tender case of deliveries of Securities which may mature or other similar offers for securities of the Portfolio;
(v) To the issuer thereof or its agent when such securities are be called, redeemed, retired or otherwise become payable; provided that, in any such case, against receipt by the cash Custodian of the sums payable thereon or against interim receipts or other consideration is proper delivery receipts;
(c) in the case of deliveries of Securities which are to be transferred to and registered in the name of the Fund or of a nominee of the Custodian and delivered to the Custodian for the account of the Series, against receipt by the Custodian of interim receipts or other proper delivery receipts;
(d) in the case of deliveries of Securities to the issuer thereof, its transfer agent or other proper agent, or to any committee or other organization for exchange for other Securities to be delivered to the CustodianCustodian in connection with a reorganization or recapitalization of the issuer or any split-up or similar transaction involving such Securities, against receipt by the Custodian of such other Securities or against interim receipts or other proper delivery receipts;
(vie) To in the issuer thereofcase of deliveries of temporary certificates in exchange for permanent certificates, or its agent, for transfer into the name of the Portfolio or into the name of any nominee or nominees of against receipt by the Custodian or into the name or nominee name of any agent or any sub-custodian appointed pursuant to Section 2.6; or for exchange for a different number of bonds, such permanent certificates or against interim receipts or other evidence representing the same aggregate face amount or number of units; provided that, in any such case, the new securities are to be delivered to the Custodianproper delivery receipts;
(viif) Upon in the sale case of deliveries of Securities upon conversion thereof into other Securities, against receipt by the Custodian of such securities for the account of the Portfolio, to the broker other Securities or its clearing agent, against a receipt, for examination in accordance with “street delivery” custom; provided that in any such case, the Custodian shall have no responsibility interim receipts or liability for any loss arising from the other proper delivery of such securities prior to receiving payment for such securities except as may arise from the Custodian’s own negligence or willful misconductreceipts;
(viiig) For in the case of deliveries of Securities in exchange for other Securities (whether or conversion pursuant to any plan not such transactions also involve the receipt or payment of mergercash), consolidation, recapitalization, reorganization or readjustment of against receipt by the securities of the issuer Custodian of such securities, other Securities or pursuant to provisions for conversion contained in such securities, against interim receipts or pursuant to any deposit agreement; provided that, in any such case, the new securities and cash, if any, are to be delivered to the Custodianother proper delivery receipts;
(ixh) In in the case of warrants, rights or similar securitiesSecurities, the surrender thereof in the exercise of such warrants, rights or similar securities Securities or the surrender of interim receipts or temporary securities Securities for definitive securities; provided that, in any such case, the new securities and cash, if any, are to be delivered to the CustodianSecurities;
(xi) For for delivery in connection with any loans of securities made by the Portfolio (A) Fund for the benefit of any Series, but only against receipt of adequate collateral as agreed from time to time by the Fund on behalf of the Portfolio, except that in connection with any loans for which collateral is to be credited to the Custodian’s account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian, in its capacity as custodian hereunder, will not be held liable or responsible for the delivery of securities owned by the Portfolio prior to the receipt of such collateral or (B) to the lending agent, or the lending agent’s custodian, in accordance with written Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(xij) For for delivery as security in connection with any borrowing borrowings by a the Fund on behalf for the benefit of a Portfolio any Series requiring a pledge of assets by from the Fund on behalf Fund, but only against receipt of such Portfolioamounts borrowed;
(xiik) For for delivery in accordance with the provisions of any agreement among the Fund on behalf of the PortfolioFund, the Custodian and a bank, broker-dealer registered under the 1934 Act and a member of the NASD, or futures commission merchant relating to compliance with the applicable rules of The Options Clearing Corporation and of any registered national securities exchangeregulations regarding account deposits, or of any similar organization or organizations, regarding escrow or other arrangements in connection with transactions by the Fund on behalf for the benefit of a Portfolioany Series;
(xiiil) For delivery in accordance with a case not covered by the provisions preceding paragraphs of any agreement among this Article, upon receipt of a Fund on behalf resolution adopted by the Board of Directors of the PortfolioFund, signed by an officer of the Fund and certified to by the Secretary, specifying the Securities and assets to be transferred, exchanged or delivered, the Custodianpurposes for which such delivery is being made, declaring such purposes to be proper corporate purposes, and naming a futures commission merchant registered under the CEA, relating to compliance with the rules person or persons (each of whom shall be a properly bonded officer or employee of the CFTC and/or any contract market, or any similar organization or organizations, regarding account deposits in connection with transactions by the Fund on behalf of a Portfolio;
(xiv) Upon the sale or other delivery of such investments (including, without limitation, to one or more sub-custodians authorized pursuant to Section 2.6(b), as set forth in written Proper Instructions, provided that such Proper Instructions shall set forth (x) the securities of the Portfolio to be delivered and (y) the person(sFund) to whom such transfer, exchange or delivery of such securities shall is to be made;
(xv) Upon receipt of instructions from the Fund’s Transfer Agent for delivery to such Transfer Agent or to the holders of Shares in connection with distributions in kind, as may be described from time to time in the currently effective prospectus and statement of additional information of the Fund related to the Portfolio, in satisfaction of requests by holders of Shares for repurchase or redemption;
(xvi) In the case of a sale processed through the Underlying Transfer Agent for Underlying Fund Shares, in accordance with Section 3.7 hereof; and
(xviim) For any other proper purposein the case of deliveries pursuant to paragraphs (a) through (k) above, but only upon receipt of Special Instructions the Written Order from the Fund on behalf shall direct that the proceeds of the applicable Portfolio specifying (A) the securities any Securities delivered, or Securities or other assets exchanged for or in lieu of the Portfolio Securities so delivered, are to be delivered and (B) to the person(s) to whom delivery of such securities shall be madeCustodian.
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