Common use of DELIVERY PRIOR TO FINAL PAYMENT Clause in Contracts

DELIVERY PRIOR TO FINAL PAYMENT. When instructed by the Company to deliver its securities against payment, Custodian shall be entitled, but only if in accordance with generally accepted market practice, to deliver such securities prior to actual receipt of final payment therefor and, exclusively in the case of securities in physical form, prior to receipt of payment therefor. In any such case, the Company shall bear the risk that final payment for such securities may not be made or that such securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and Custodian shall have no liability for any of the foregoing.

Appears in 9 contracts

Samples: Custody Agreement (Kayne Anderson MLP Investment CO), Custody Agreement (Kayne Anderson Energy Development Co), Custody Agreement (Kayne Anderson Energy Total Return Fund, Inc.)

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DELIVERY PRIOR TO FINAL PAYMENT. When instructed by the Company Trust to deliver its securities of a Series against payment, Custodian shall be entitled, but only if in accordance with generally accepted market practice, to deliver such securities prior to actual receipt of final payment therefor and, exclusively in the case of securities in physical form, prior to receipt of payment therefor. In any such case, the Company such Series shall bear the risk that final payment for such securities may not be made or that such securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and Custodian shall have no liability for any of the foregoing.

Appears in 2 contracts

Samples: Custody Agreement (Underlying Funds Trust), Custody Agreement (Underlying Funds Trust)

DELIVERY PRIOR TO FINAL PAYMENT. When instructed by the Company to deliver its securities of the Fund against payment, Custodian shall be entitled, but only if in accordance with generally accepted market practice, to deliver such securities prior to actual receipt of final payment therefor and, exclusively in the case of securities in physical form, prior to receipt of payment therefor. In any such case, the Company Fund shall bear the risk that final payment for such securities may not be made or that such securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and Custodian shall have no liability for any of the foregoing.

Appears in 2 contracts

Samples: Custody Agreement (Wilshire Mutual Funds Inc), Custody Agreement (Wilshire Mutual Funds Inc)

DELIVERY PRIOR TO FINAL PAYMENT. When instructed by the Company to deliver its securities of the Company against payment, Custodian shall be entitled, but only if in accordance with generally accepted market practice, to deliver such securities prior to actual receipt of final payment therefor and, exclusively in the case of securities in physical form, prior to receipt of payment therefor. In any such case, the Company shall bear the risk that final payment for such securities may not be made or that such securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and Custodian shall have no liability for any of the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Asa Market Neutral Equity Fund LLC)

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DELIVERY PRIOR TO FINAL PAYMENT. When instructed by the Company Fund to deliver its securities of the Fund against payment, Custodian shall be entitled, but only if in accordance with generally accepted market practice, to deliver such securities prior to actual receipt of final payment therefor and, exclusively in the case of securities in physical form, prior to receipt of payment therefor. In any such case, the Company Fund shall bear the risk that final payment for such securities may not be made or that such securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and Custodian shall have no liability for any of the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Watchdog Fund Trust)

DELIVERY PRIOR TO FINAL PAYMENT. When instructed by the Company to deliver its securities of the Portfolio against payment, Custodian shall be entitled, but only if in accordance with generally accepted market practice, to deliver such securities prior to actual receipt of final payment therefor and, exclusively in the case of securities in physical form, prior to receipt of payment therefor. In any such case, the Company Portfolio shall bear the risk that final payment for such securities may not be made or that such securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and Custodian shall have no liability for any of the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Dreyfus Premier Equity Funds Inc)

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