Deposit Account Payments. Subject to the provisions of Section 7, the Bank shall make, or cause its subcustodians to make, payments of cash credited to the Deposit Account only (a) in connection with the purchase of Securities for the Fund and the delivery of such Securities to, or the crediting of such Securities to the account of, the Bank or its subcustodian, each such payment to be made at prices as confirmed by Instructions (as defined in Section 9 hereof) from Authorized persons (as defined in Section 10 hereof); (b) for the purchase or redemption of shares of the capital stock of the Fund and the delivery to, or crediting to the account of, the Bank or its subcustodian of such shares to be so purchased or redeemed; (c) for the payment for the account of the Fund of dividends, interest, taxes, management or supervisory fees, capital distributions or operating expenses; (d) for the payments to be made in connection with the conversion, exchange or surrender of Securities held in the Custody Account; (e) for transmittal either to State Street Bank and Trust Company, sub-custodian of the Fund, or to Investors Fiduciary Trust Company, Custodian for the Fund; (f) for other proper corporate purposes of the Fund; or (g) upon the termination of this Custody Agreement as hereinafter set forth. All payments of cash for a purpose permitted by subsection (a), (b), (c), (d) or (e) of this Section 5 will be made only upon receipt by the Bank of Instructions from Authorized Persons which shall specify the purpose for which the payment is to be made and the applicable subsection of this Section 5. In the case of any payment to be made for the purpose permitted by subsection (f) of this Section 5, the Bank must first receive a certified copy of a resolution of the Board adequately describing such payment, declaring such purpose to be a proper purpose, and naming the person or persons to whom such payment is to be made. Any payment pursuant to subsection (g) of this Section 5 will be made in accordance with Section 17. In the event that any payment made under this Section 5 exceeds the funds available in the Deposit Account, the Bank may, in its discretion, advance the Fund an amount equal to such excess and such advance shall be deemed a loan from the Bank to the Fund, payable on demand, bearing interest at the rate of interest customarily charged by the Bank on similar loans. If the Bank causes the Deposit Account to be credited on the payable date for interest, dividends or redemptions, the Fund will promptly return to the Bank any such amount or property so credited upon oral or written notification that neither the Bank nor its subcustodian can collect such amount or property in the ordinary course of business. The Bank or its subcustodian, as the case may be, shall have no duty or obligation to institute legal proceedings, file a claim or proof of claim in any insolvency proceeding to take any other action with respect to the collection of such amount or property beyond its ordinary collection procedures.
Appears in 4 contracts
Samples: Foreign Custody Agreement (Kemper Europe Fund), Foreign Custody Agreement (Kemper Aggressive Growth Fund), Foreign Custody Agreement (Kemper Horizon Fund)
Deposit Account Payments. Subject to the provisions of Section 7, the Bank shall make, or cause its subcustodians to make, payments of cash credited to the Deposit Account only
(a) in connection with the purchase of Securities for the Fund and the delivery of such Securities to, or the crediting of such Securities to the account of, the Bank or its subcustodian, each such payment to be made at prices as confirmed by Instructions (as defined in Section 9 hereof) from Authorized persons (as defined in Section 10 hereof);
(b) for the purchase or redemption of shares of the capital stock of the Fund and the delivery to, or crediting to the account of, the Bank or its subcustodian of such shares to be so purchased or redeemed;
(c) for the payment for the account of the Fund of dividends, interest, taxes, management or supervisory fees, capital distributions or operating expenses;
(d) for the payments to be made in connection with the conversion, exchange or surrender of Securities held in the Custody Account;
(e) for transmittal either to State Street United Missouri Bank and Trust Companyof Kansas City, sub-custodian of the FundNational Association, or to Investors Fiduciary Trust Company, as Custodian for the Fund;
(f) for other proper corporate purposes of the Fund; or
(g) upon the termination of this Custody Agreement as hereinafter set forth. All payments of cash for a purpose permitted by subsection (a), (b), (c), (d) or (e) of this Section 5 will be made only upon receipt by the Bank of Instructions from Authorized Persons which shall specify the purpose for which the payment is to be made and the applicable subsection of this Section 5. In the case of any payment to be made for the purpose permitted by subsection (f) of this Section 5, the Bank must first receive a certified copy of a resolution of the Board adequately describing such payment, declaring such purpose to be a proper purpose, and naming the person or persons to whom such payment is to be made. Any payment pursuant to subsection (g) of this Section 5 will be made in accordance with Section 17. In the event that any payment made under this Section 5 exceeds the funds available in the Deposit Account, the Bank may, in its discretion, advance the Fund an amount equal to such excess and such advance shall be deemed a loan from the Bank to the Fund, payable on demand, bearing interest at the rate of interest customarily charged by the Bank on similar loans. If the Bank causes the Deposit Account to be credited on the payable date for interest, dividends or redemptions, the Fund will promptly return to the Bank any such amount or property so credited upon oral or written notification that neither the Bank nor its subcustodian can collect such amount or property in the ordinary course of business. The Bank or its subcustodian, as the case may be, shall have no duty or obligation to institute legal proceedings, file a claim or proof of claim in any insolvency proceeding to take any other action with respect to the collection of such amount or property beyond its ordinary collection procedures.
Appears in 3 contracts
Samples: Foreign Custody Agreement (Kemper Portfolios), Foreign Custody Agreement (Kemper Income & Capital Preservation Fund Inc), Foreign Custody Agreement (Kemper High Yield Fund)
Deposit Account Payments. Subject to the provisions of Section 7, the ------------------------ Bank shall make, or cause its subcustodians subcustodian to make, payments of cash credited to the a Deposit Account only:
(a) in connection with the purchase of Securities for the particular Portfolio of the Fund involved and the delivery of such Securities to, or the crediting of such Securities to to, the account of, particular Custody Account of the Bank or its subcustodian, each such payment to be made at prices as confirmed by Instructions (as defined in Section 9 hereof) from Authorized persons Persons (as defined in Section 10 hereof);
(b) for the purchase or redemption of shares of the capital stock of the particular Portfolio of the Fund involved and the delivery to, or crediting to the account of, the Bank or its subcustodian of such shares to be so purchased or redeemed;
(c) for the payment for the account of the particular Portfolio of the Fund involved of dividends, interest, taxes, management or supervisory fees, capital distributions or operating expenses;
(d) for the payments to be made in connection with the conversion, exchange or surrender of Securities held in the a Custody Account;
(e) for transmittal either spot or forward foreign exchange transactions to State Street Bank and Trust Companyfacilitate security trading, sub-custodian receipt of the Fund, income from Securities or to Investors Fiduciary Trust Company, Custodian for the Fundrelated transactions;
(f) for other proper corporate purposes of the Fundparticular Portfolio of the Fund involved; or
(g) upon the termination of this Custody Agreement as hereinafter set forth. All payments of cash for a purpose permitted by subsection (a), (b), (c), (d) or (e) of this Section 5 will be made only upon receipt by the Bank of Instructions from Authorized Persons which shall specify the purpose for which the payment is to be made and the applicable subsection of this Section 5. In the case of any payment to be made for the purpose permitted by subsection (f) of this Section 5, the Bank must first receive a certified copy of a resolution of the Board adequately describing such payment, declaring such purpose to be a proper purpose, and naming the person or persons to whom such payment is to be made. Any payment pursuant to subsection (g) of this Section 5 will be made in accordance with Section 17. In the event that any payment made under this Section 5 exceeds the funds available in the Deposit Account, the Bank may, in its discretion, advance the Fund an amount equal to such excess and such advance shall be deemed a loan from the Bank to the Fund, payable on demand, bearing interest at the rate of interest customarily charged by the Bank on similar loans. If the Bank causes the Deposit Account to be credited on the payable date for interest, dividends or redemptions, the Fund will promptly return to the Bank any such amount or property so credited upon oral or written notification that neither the Bank nor its subcustodian can collect such amount or property in the ordinary course of business. The Bank or its subcustodian, as the case may be, shall have no duty or obligation to institute legal proceedings, file a claim or proof of claim in any insolvency proceeding to take any other action with respect to the collection of such amount or property beyond its ordinary collection procedures.this
Appears in 2 contracts
Samples: Custody Agreement (Excelsior Funds Inc), Custody Agreement (Excelsior Funds Trust)
Deposit Account Payments. Subject to the provisions of Section 7, the Bank shall make, or cause its subcustodians to make, payments of cash credited to the Deposit Account only
(a) in connection with the purchase of Securities for the Fund and the delivery of such Securities to, or the crediting of such Securities to the account of, the Bank or its subcustodian, each such payment to be made at prices as its subcustodian, each such payment to be made at prices as confirmed by Instructions (as defined in Section 9 hereof) from Authorized persons Persons (as defined in Section 10 hereof);
(b) for the purchase or redemption of shares of the capital stock of the Fund and the delivery to, or crediting to the account of, the Bank or its subcustodian of such shares to be so purchased or redeemed;
(c) for the payment for the account of the Fund of dividends, interest, taxes, management or supervisory fees, capital distributions or operating expenses;
(d) for the payments to be made in connection with the conversion, exchange or surrender of Securities held in the Custody Account;
(e) for transmittal either to State Street United Missouri Bank and Trust Companyof Kansas City, sub-custodian of the FundNational Association, or to Investors Fiduciary Trust Company, as Custodian for the Fund;
(f) for other proper corporate purposes of the Fund; or
(g) upon the termination of this Custody Agreement as hereinafter set forth. All payments of cash for a purpose permitted by subsection (a), (b), (c), (d) or (e) of this Section 5 will be made only upon receipt by the Bank of Instructions from Authorized Persons which shall specify the purpose for which the payment is to be made and the applicable subsection of this Section 5. In the case of any payment to be made for the purpose permitted by subsection (f) of this Section 5, the Bank must first receive a certified copy of a resolution of the Board adequately describing such payment, declaring such purpose to be a proper purpose, and naming the person or persons to whom such payment is to be made. Any payment pursuant to subsection (g) of this Section 5 will be made in accordance with Section 17. In the event that any payment made under this Section 5 exceeds the funds available in the Deposit Account, the Bank may, in its discretion, advance the Fund an amount equal to such excess and such advance shall be deemed a loan from the Bank to the Fund, payable on demand, bearing interest at the rate of interest customarily charged by the Bank on similar loans. If the Bank causes the Deposit Account to be credited on the payable date for interest, dividends or redemptions, the Fund will promptly return to the Bank any such amount or property so credited upon oral or written notification that neither the Bank nor its subcustodian can collect such amount or property in the ordinary course of business. The Bank or its subcustodian, as the case may be, shall have no duty or obligation to institute legal proceedings, file a claim or proof of claim in any insolvency proceeding to or take any other action with respect to the collection of such amount or property beyond its ordinary collection procedures.
Appears in 2 contracts
Samples: Foreign Custody Agreement (Kemper Total Return Fund), Foreign Custody Agreement (Kemper Technology Fund)
Deposit Account Payments. Subject to the provisions of Section 7, the Bank shall make, or cause its subcustodians subcustodian to make, payments of cash credited to the a Deposit Account only:
(a) in connection with the purchase of Securities for the particular Portfolio of the Fund involved and the delivery of such Securities to, or the crediting of such Securities to to, the account of, particular Custody Account of the Bank or its subcustodian, each such payment to be made at prices as confirmed by Instructions (as defined in Section 9 hereof) from Authorized persons Persons (as defined in Section 10 hereof);
(b) for the purchase or redemption of shares of the capital stock of the particular Portfolio of the Fund involved and the delivery to, or crediting to the account of, the Bank or its subcustodian of such shares to be so purchased or redeemed;
(c) for the payment for the account of the particular Portfolio of the Fund involved of dividends, interest, taxes, management or supervisory fees, capital distributions or operating expenses;
(d) for the payments to be made in connection with the conversion, exchange or surrender of Securities held in the a Custody Account;
(e) for transmittal either spot or forward foreign exchange transactions to State Street Bank and Trust Companyfacilitate security trading, sub-custodian receipt of the Fund, income from Securities or to Investors Fiduciary Trust Company, Custodian for the Fundrelated transactions;
(f) for other proper corporate purposes of the Fundparticular Portfolio of the Fund involved; or
(g) upon the termination of this Custody Agreement as hereinafter set forth. All payments of cash for a purpose permitted by subsection (a), (b), (c), (d) or (e) of this Section 5 will be made only upon receipt by the Bank of Instructions from Authorized Persons which shall specify the purpose for which the payment is to be made and the applicable subsection of this Section 5. In the case of any payment to be made for the purpose permitted by subsection (f) of this Section 5, the Bank must first receive a certified copy of a resolution of the Board adequately describing such payment, declaring such purpose to be a proper purpose, and naming the person or persons to whom such payment is to be made. Any payment pursuant to subsection (g) of this Section 5 will be made in accordance with Section 17. In the event that any payment made under this Section 5 exceeds the funds available in the Deposit Account, the Bank may, in its discretion, advance the Fund an amount equal to such excess and such advance shall be deemed a loan from the Bank to the Fund, payable on demand, bearing interest at the rate of interest customarily charged by the Bank on similar loans. If the Bank causes the Deposit Account to be credited on the payable date for interest, dividends or redemptions, the Fund will promptly return to the Bank any such amount or property so credited upon oral or written notification that neither the Bank nor its subcustodian can collect such amount or property in the ordinary course of business. The Bank or its subcustodian, as the case may be, shall have no duty or obligation to institute legal proceedings, file a claim or proof of claim in any insolvency proceeding to take any other action with respect to the collection of such amount or property beyond its ordinary collection procedures.this
Appears in 2 contracts
Samples: Custody Agreement (Excelsior Funds Trust), Custody Agreement (Excelsior Funds Inc)
Deposit Account Payments. Subject to the provisions of Section 7, the Bank shall make, or cause its subcustodians to make, payments of cash credited to the Deposit Account only:
(a) in connection with the purchase of Securities for the Fund and the delivery of such Securities to, or the crediting of such Securities to the account of, the Bank or its subcustodian, each such payment to be made at prices as confirmed by Instructions (as defined in Section 9 hereof) from Authorized persons Persons (as defined in Section 10 hereof);
(b) for the purchase or redemption of shares of the capital stock of the Fund and the delivery to, or crediting to the account of, the Bank or its subcustodian of such shares to be so purchased or redeemed;
(c) for the payment for the account of the Fund of dividends, interest, taxes, management or supervisory fees, capital distributions or operating expenses;
(d) for the payments to be made in connection with the conversion, exchange or surrender of Securities held in the Custody Account;
(e) for transmittal either to State Street United Missouri Bank and Trust Companyof Kansas City, sub-custodian of the FundNational Association, or to Investors Fiduciary Trust Company, Custodian for the Fund;
(f) for other proper corporate purposes of the Fund; or
(g) upon the termination of this Custody Agreement as hereinafter set forth. All payments of cash for a purpose permitted by subsection (a), (b), (c), (d) or (e) of this Section 5 will be made only upon receipt by the Bank of Instructions from Authorized Persons which shall specify the purpose for which the payment is to be made and the applicable subsection of this Section 5. In the case of any payment to be made for the purpose permitted by subsection (f) of this Section 5, the Bank must first receive a certified copy of a resolution of the Board adequately describing such payment, declaring such purpose to be a proper purpose, and naming the person or persons to whom such payment is to be made. Any payment pursuant to subsection (g) of this Section 5 will be made in accordance with Section 17. In the event that any payment made under this Section 5 exceeds the funds available in the Deposit Account, the Bank may, in its discretion, advance the Fund an amount equal to such excess and such advance shall be deemed a loan from the Bank to the Fund, payable on demand, bearing interest at the rate of interest customarily charged by the Bank on similar loans. If the Bank causes the Deposit Account to be credited on the payable date for interest, dividends or redemptions, the Fund will promptly return to the Bank any such amount or property so credited upon oral or written notification that neither the Bank nor its subcustodian can collect such amount or property in the ordinary course of business. The Bank or its subcustodian, as the case may be, shall have no duty or obligation to institute legal proceedings, file a claim or proof of claim in any insolvency proceeding to or take any other action with respect to the collection of such amount or property beyond its ordinary collection procedures.
Appears in 2 contracts
Samples: Foreign Custody Agreement (Growth Fund of Spain Inc), Foreign Custody Agreement (Kemper Global International Series)
Deposit Account Payments. Subject to the provisions of Section 7, ------------------------ the Bank shall make, or cause its subcustodians sub-custodian to make, payments of cash credited to the a Deposit Account only:
(a) in connection with the purchase of Securities for the particular investment portfolio of the Fund involved and the delivery of such Securities to, or the crediting of such Securities to the account particular Custody Account of, the Bank or its subcustodiansub-custodian, each such payment to be made at prices as confirmed by Instructions (as defined in Section 9 hereof) from Authorized persons Xxxxxxx (as defined in Section 10 hereof);
(b) for the purchase or redemption of shares of the capital stock of the particular investment portfolio of the Fund involved and the delivery to, or crediting to the account of, the Bank or its subcustodian sub-custodian of such shares to be so purchased or redeemed;
(c) for the payment for the account of the particular investment portfolio of the Fund involved of dividends, interest, taxes, management or supervisory fees, capital distributions or operating expenses;
(d) for the payments to be made in connection with the conversion, exchange or surrender of Securities held in the a Custody Account;
(e) for transmittal either to State Street Bank and Trust Company, sub-custodian of the Fund, or to Investors Fiduciary Trust Company, Custodian for the Fund;
(f) for other proper corporate purposes of the Fundparticular investment portfolio of the Fund involved; or
(gf) upon the termination of this Custody Agreement as hereinafter set forth. All payments of cash for a purpose permitted by subsection (a), (b), (c), (d) or (ed) of this Section 5 will be made only upon receipt by the Bank of Instructions from Authorized Persons which shall specify the purpose for which the payment is to be made and the applicable subsection of this Section 5. In the case of any payment to be made for the purpose permitted by subsection (fe) of this Section 5, the Bank must first receive a certified copy of a resolution or the Board of Trustees of the Board Fund adequately describing such payment, declaring such purpose to be a proper corporate purpose, and naming the person or persons to whom such payment is to shall be made. Any payment pursuant to subsection (gf) of this Section 5 will be made in accordance with Section 1717 hereof. In the event that any payment for an investment portfolio of the Fund made under this Section 5 exceeds the funds available in the that investment portfolio's Deposit Account, the Bank may, in its discretion, advance the Fund on behalf of tax investment portfolio an amount equal to such excess and such advance shall be deemed a loan from the Bank to the Fund, that investment portfolio payable on demand, bearing interest at the rate of interest customarily charged by the Bank on similar loans. If the Bank causes the a Deposit Account to be credited on the payable date for interest, dividends or redemptions, the particular investment portfolio of the Fund involved will promptly return to the Bank any such amount or property so credited upon oral or written notification that neither the Bank nor its subcustodian sub-custodian can collect such amount or property in the ordinary course of business. The Bank or its subcustodiansub-custodian, as the case may be, shall have no duty or obligation to institute legal proceedings, file a claim or proof of claim in any insolvency proceeding to or take any other action with respect to the collection of such amount or property beyond its ordinary collection procedures.
Appears in 1 contract
Deposit Account Payments. Subject to the provisions of Section 7, the Bank shall make, or cause its subcustodians sub-custodian to make, payments of cash credited to the a Deposit Account only
: (a) in connection with the purchase of Securities for the particular Investment Portfolio of the Fund involved and the delivery of such Securities to, or the crediting of such Securities to the account particular Custody Account of, the Bank or its subcustodiansub-custodian, each such payment to be made at prices as confirmed by Instructions from Authorized Persons (as defined in Section 9 hereof) from Authorized persons (as defined in Section 10 l0 hereof);
; (b) for the purchase or redemption of shares of the capital stock of the particular Investment Portfolio of the Fund involved and the delivery to, or crediting to the account of, the Bank or its subcustodian sub-custodian of such shares to be so purchased or redeemed;
; (c) for the payment for the account of the particular Investment Portfolio of the Fund involved of dividends, interest, taxes, management or supervisory fees, capital distributions or operating expenses;
; (d) for the payments to be made in connection with the conversion, exchange or surrender of Securities held in the a Custody Account;
; (e) for transmittal either to State Street Bank and Trust Company, sub-custodian of the Fund, or to Investors Fiduciary Trust Company, Custodian for the Fund;
(f) for other proper corporate purposes of the Fundparticular Investment Portfolio of the Fund involved; or
or (gf) upon the termination of this Custody Agreement as hereinafter set forth. All payments of cash for a purpose permitted by subsection (a), (b), (c), (d) or (ed) of this Section 5 will be made only upon receipt by the Bank of Instructions from Authorized Persons which shall specify the purpose for which the payment is to be made and the applicable subsection of this Section 5. In the case of any payment to be made for the purpose permitted by subsection (fe) of this Section 5, the Bank must first receive a certified copy of a resolution of the Board of Directors of the Fund adequately describing such payment, declaring such purpose to be a proper corporate purpose, and naming the person or persons to whom such payment is to shall be made. Any payment pursuant to subsection (gf) of this Section 5 will be made in accordance with Section 1717 hereof. In the event that any payment for an Investment Portfolio of the Fund made under this Section 5 exceeds the funds available in the that Investment Portfolio's Deposit Account, the Bank Bank's foreign sub-custodian may, in its discretion, advance the Fund on behalf of that Investment Portfolio an amount equal to such excess and such advance shall be deemed a loan an overdraft from the Bank Bank's foreign sub-custodian to the Fund, that Investment Portfolio payable on demand, bearing interest at the rate of interest customarily charged by the Bank Bank's foreign sub-custodian on similar loansoverdrafts. If the Bank causes the a Deposit Account to be credited on the payable date for interest, dividends or redemptions, the particular Investment Portfolio of the Fund involved will promptly return to the Bank any such amount or property so credited upon oral or written notification that neither the Bank nor its subcustodian sub-custodian can collect such amount or property in the ordinary course of business. The Bank or its subcustodiansub-custodian, as the case may be, shall have no duty or obligation to institute legal proceedings, file a claim or proof of claim in any insolvency proceeding to or take any other action with respect to the collection of such amount or property beyond its ordinary collection procedures.
Appears in 1 contract
Deposit Account Payments. Subject to the provisions of Section 7, the Bank shall make, or cause its subcustodians subcustodian to make, payments of cash credited to the a Deposit Account only:
(a) in connection with the purchase of Securities for the particular Portfolio of the Fund involved and the delivery of such Securities to, or the crediting of such Securities to the account of, particular Custody Account of the Bank or its subcustodian, each such payment to be made at prices as confirmed by Instructions (as defined in Section 9 hereof) from Authorized persons Persons (as defined in Section 10 hereof);
(b) for the purchase or redemption of shares of the capital stock of the particular Portfolio of the Fund involved and the delivery to, or crediting to the account of, the Bank or its subcustodian of such shares to be so purchased or redeemed;
(c) for the payment for the account of the particular Portfolio of the Fund involved of dividends, interest, taxes, management or supervisory fees, capital distributions or operating expenses;
(d) for the payments to be made in connection with the conversion, exchange or surrender of Securities held in the a Custody Account;
(e) for transmittal either spot or forward foreign exchange transactions to State Street Bank and Trust Companyfacilitate security trading, sub-custodian receipt of the Fund, income from Securities or to Investors Fiduciary Trust Company, Custodian for the Fundrelated transactions;
(f) for other proper corporate purposes of the Fundparticular Portfolio of the Fund involved; or
(g) upon the termination of this Custody Agreement as hereinafter set forth. All payments of cash for a purpose permitted by subsection (a), (b), (c), (d) or (ed) of this Section 5 will be made only upon receipt by the Bank of Instructions from Authorized Persons which shall specify the purpose for which the payment is to be made and the applicable subsection of this Section 5. In the case of any payment to be made for the purpose permitted by subsection (f) of this Section 5, the Bank must first receive a certified copy of a resolution of the Board of Directors of the Fund adequately describing such payment, declaring such purpose to be a proper corporate purpose, and naming the person or persons to whom such payment is to shall be made. Any payment pursuant to subsection (g) of this Section 5 will be made in accordance with Section 1717 hereof. In the event that any payment for a Portfolio of the Fund made under this Section 5 exceeds the funds available in the that Portfolio's Deposit Account, the Bank may, in its discretion, advance the Fund on behalf of that Portfolio an amount equal to such excess and such advance shall be deemed a loan from the Bank to the Fund, that Portfolio payable on demand, bearing interest at the rate of interest customarily charged by the Bank on similar loans. If the Bank causes the a Deposit Account to be credited on the payable date for interest, dividends or redemptions, the particular Portfolio of the Fund involved will promptly return to the Bank any such amount or property so credited upon oral or written notification that neither the Bank nor its subcustodian can collect such amount or property in the ordinary course of business. The Bank or its subcustodian, as the case may be, shall have no duty or obligation to institute legal proceedings, file a claim or proof of claim in any insolvency proceeding to or take any other action with respect to the collection of such amount or property beyond its ordinary collection procedures.
Appears in 1 contract
Deposit Account Payments. Subject to the provisions of Section 7, the Bank shall make, or cause its subcustodians to make, payments of cash credited to the Deposit Account only
(a) in connection with the purchase of Securities for the Fund and the delivery of such Securities to, or the crediting of such Securities to the account of, the Bank or its subcustodian, each such payment to be made at prices as its subcustodian, each such payment to be made at prices as confirmed by Instructions (as defined in Section 9 hereof) from Authorized persons Persons (as defined in Section 10 hereof);
(b) for the purchase or redemption of shares of the capital stock of the Fund and the delivery to, or crediting to the account of, the Bank or its subcustodian of such shares to be so purchased or redeemed;
(c) for the payment for the account of the Fund of dividends, interest, taxes, management or supervisory fees, capital distributions or operating expenses;
(d) for the payments to be made in connection with the conversion, exchange or surrender of Securities held in the Custody Account;
(e) for transmittal either to State Street United Missouri Bank and Trust Companyof Kansas City, sub-custodian of the FundNational Association, or to Investors Fiduciary Trust Company, Custodian for the Fund;
(f) for other proper corporate purposes of the Fund; or
(g) upon the termination of this Custody Agreement as hereinafter set forth. All payments of cash for a purpose permitted by subsection (a), (b), (c), (d) or (e) of this Section 5 will be made only upon receipt by the Bank of Instructions from Authorized Persons which shall specify the purpose for which the payment is to be made and the applicable subsection of this Section 5. In the case of any payment to be made for the purpose permitted by subsection (f) of this Section 5, the Bank must first receive a certified copy of a resolution of the Board adequately describing such payment, declaring such purpose to be a proper purpose, and naming the person or persons to whom such payment is to be made. Any payment pursuant to subsection (g) of this Section 5 will be made in accordance with Section 17. In the event that any payment made under this Section 5 exceeds the funds available in the Deposit Account, the Bank may, in its discretion, advance the Fund an amount equal to such excess and such advance shall be deemed a loan from the Bank to the Fund, payable on demand, bearing interest at the rate of interest customarily charged by the Bank on similar loans. If the Bank causes the Deposit Account to be credited on the payable date for interest, dividends or redemptions, the Fund will promptly return to the Bank any such amount or property so credited upon oral or written notification that neither the Bank nor its subcustodian can collect such amount or property in the ordinary course of business. The Bank or its subcustodian, as the case may be, shall have no duty or obligation to institute legal proceedings, file a claim or proof of claim in any insolvency proceeding to or take any other action with respect to the collection of such amount or property beyond its ordinary collection procedures.
Appears in 1 contract
Samples: Foreign Custody Agreement (Kemper Small Capitalization Equity Fund)
Deposit Account Payments. Subject to the provisions of Section 7, the Bank shall make, or cause its subcustodians sub-custodian to make, payments of cash credited to the a Deposit Account only:
(a) in connection with the purchase of Securities for the Fund and the delivery of such Securities to, or the crediting of such Securities to the account particular Custody Account of, the Bank or its subcustodiansub-custodian, each such payment to be made at prices as confirmed by Instructions (as defined in Section 9 hereof) from Authorized persons Persons (as defined in Section 10 hereof);
(b) for the purchase or redemption of shares of the capital stock of the Fund Company and the delivery to, or crediting to the account of, the Bank or its subcustodian sub-custodian of such shares to be so purchased or redeemed;
(c) for the payment for the account of the Fund of dividends, interest, taxes, management or supervisory fees, capital distributions or operating expenses;
(d) for the payments to be made in connection with the conversion, exchange or surrender of Securities held in the a Custody Account;
(e) for transmittal either to State Street Bank and Trust Company, sub-custodian of the Fund, or to Investors Fiduciary Trust Company, Custodian for the Fund;
(f) for other proper corporate purposes of the Fundpurposes; or
(gf) upon the termination of this Custody Agreement as hereinafter set forth. All payments of cash for a purpose permitted by subsection (a), (b), (c), (d) or (ed) of this Section 5 will be made only upon receipt by the Bank of Instructions from Authorized Persons which shall specify the purpose for which the payment is to be made and the applicable subsection of this Section 5. In the case of any payment to be made for the purpose permitted by subsection (fe) of this Section 5, the Bank must first receive a certified copy of a resolution of the Board of Directors of the Company adequately describing such payment, declaring such purpose to be a proper corporate purpose, and naming the person or persons to whom such payment is to shall be made. Any payment pursuant to subsection (gf) of this Section 5 will be made in accordance with Section 1717 hereof. In the event that any payment made under this Section 5 exceeds the funds available in the that Deposit Account, the Bank Bank's foreign sub-custodian may, in its discretion, advance the Fund funds in an amount equal to such excess and such advance advance, shall be deemed a loan an overdraft from the Bank Bank's foreign sub-custodian to the Fund, that investment portfolio payable on demand, bearing interest at the rate of interest customarily charged charges by the Bank on similar loans. If the Bank causes the Deposit Account to be credited on the payable date for interest, dividends or redemptions, the Fund will promptly return to the Bank any such amount or property so credited upon oral or written notification that neither the Bank nor its subcustodian can collect such amount or property in the ordinary course of business. The Bank or its subcustodian, as the case may be, shall have no duty or obligation to institute legal proceedings, file a claim or proof of claim in any insolvency proceeding to take any other action with respect to the collection of such amount or property beyond its ordinary collection procedures.Bank's foreign
Appears in 1 contract
Samples: Custody Agreement (Flag Investors International Fund Inc)
Deposit Account Payments. Subject to the provisions of Section 7, the ------------------------ Bank shall make, or cause its subcustodians subcustodian to make, payments of cash credited to the a Deposit Account only:
(a) in connection with the purchase of Securities for the particular Portfolio of the Fund involved and the delivery of such Securities to, or the crediting of such Securities to to, the account of, particular Custody Account of the Bank or its subcustodian, each such payment to be made at prices as confirmed by Instructions (as defined in Section 9 hereof) from Authorized persons Persons (as defined in Section 10 hereof);
(b) for the purchase or redemption of shares of the capital stock of the particular Portfolio of the Fund involved and the delivery to, or crediting to the account of, the Bank or its subcustodian of such shares to be so purchased or redeemed;
(c) for the payment for the account of the particular Portfolio of the Fund involved of dividends, interest, taxes, management or supervisory fees, capital distributions or operating expenses;
(d) for the payments to be made in connection with the conversion, exchange or surrender of Securities held in the a Custody Account;
(e) for transmittal either spot or forward foreign exchange transactions to State Street Bank and Trust Companyfacilitate security trading, sub-custodian receipt of the Fund, income from Securities or to Investors Fiduciary Trust Company, Custodian for the Fundrelated transactions;
(f) for other proper corporate purposes of the Fundparticular Portfolio of the Fund involved; or
(g) upon the termination of this Custody Agreement as hereinafter set forth. All payments of cash for a purpose permitted by subsection (a), (b), (c), (d) or (e) of this Section 5 will be made only upon receipt by the Bank of Instructions from Authorized Persons which shall specify the purpose for which the payment is to be made and the applicable subsection of this Section 5. In the case of any payment to be made for the purpose permitted by subsection (f) of this Section 5, the Bank must first receive a certified copy of a resolution of the Board of Trustees of the Fund adequately describing such payment, declaring such purpose to be a proper corporate purpose, and naming the person or persons to whom such payment is to shall be made. Any payment pursuant to subsection (g) of this Section 5 will be made in accordance with Section 1717 hereof. In the event that any payment for a Portfolio of the Fund made under this Section 5 exceeds the funds available in the that Portfolio's Deposit Account, the Bank may, in its discretion, advance the Fund on behalf of that Portfolio an amount equal to such excess and such advance shall be deemed a loan from the Bank to the Fund, that Portfolio payable on demand, bearing interest at the rate of interest customarily charged by the Bank on similar loans. If the Bank causes the a Deposit Account to be credited on the payable date for interest, dividends or redemptions, the particular Portfolio of the Fund involved will promptly return to the Bank any such amount or property so credited upon oral or written notification that neither the Bank nor its subcustodian can collect such amount or property has not been received in the ordinary course of businessbusiness or that such amount was incorrectly credited. The Bank or its subcustodian, as the case may be, shall have no duty or obligation to institute legal proceedings, file a claim or proof of claim in any insolvency proceeding to or take any other action with respect to the collection of such amount or property beyond its ordinary collection proceduresproperty.
Appears in 1 contract
Deposit Account Payments. Subject to the provisions of Section 7, the Bank shall make, or cause its subcustodians subcustodian to make, payments of cash credited to the a Deposit Account only:
(a) in connection with the purchase of Securities for the particular Portfolio of the Fund involved and the delivery of such Securities to, or the crediting of such Securities to the account of, particular Custody Account of the Bank or its subcustodian, each such payment to be made at prices as confirmed by Instructions (as defined in Section 9 hereof) from Authorized persons Persons (as defined in Section 10 hereof);
(b) for the purchase or redemption of shares of the capital stock of the particular Portfolio of the Fund involved and the delivery to, or crediting to the account of, the Bank or its subcustodian of such shares to be so purchased or redeemed;
(c) for the payment for the account of the particular Portfolio of the Fund involved of dividends, interest, taxes, management or supervisory fees, capital distributions or operating expenses;
(d) for the payments to be made in connection with the conversion, exchange or surrender of Securities held in the a Custody Account;
(e) for transmittal either spot or forward foreign exchange transactions to State Street Bank and Trust Companyfacilitate security trading, sub-custodian receipt of the Fund, income from Securities or to Investors Fiduciary Trust Company, Custodian for the Fundrelated transactions;
(f) for other proper corporate purposes of the Fundparticular Portfolio of the Fund involved; or
(g) upon the termination of this Custody Agreement as hereinafter set forth. All payments of cash for a purpose permitted by subsection (a), (b), (c), (d) or (ed) of this Section 5 will be made only upon receipt by the Bank of Instructions from Authorized Persons which shall specify the purpose for which the payment is to be made and the applicable subsection of this Section 5. In the case of any payment to be made for the purpose permitted by subsection (f) of this Section 5, the Bank must first receive a certified copy of a resolution of the Board of Trustees of the Fund adequately describing such payment, declaring such purpose to be a proper corporate purpose, and naming the person or persons to whom such payment is to shall be made. Any payment pursuant to subsection (g) of this Section 5 will be made in accordance with Section 1717 hereof. In the event that any payment for a Portfolio of the Fund made under this Section 5 exceeds the funds available in the that Portfolio's Deposit Account, the Bank may, in its discretion, advance the Fund on behalf of that Portfolio an amount equal to such excess and such advance shall be deemed a loan from the Bank to the Fund, that Portfolio payable on demand, bearing interest at the rate of interest customarily charged by the Bank on similar loans. If the Bank causes the a Deposit Account to be credited on the payable date for interest, dividends or redemptions, the particular Portfolio of the Fund involved will promptly return to the Bank any such amount or property so credited upon oral or written notification that neither the Bank nor its subcustodian can collect such amount or property in the ordinary course of business. The Bank or its subcustodian, as the case may be, shall have no duty or obligation to institute legal proceedings, file a claim or proof of claim in any insolvency proceeding to or take any other action with respect to the collection of such amount or property beyond its ordinary collection procedures.
Appears in 1 contract
Deposit Account Payments. Subject to the provisions of Section 7, the Bank shall make, or cause its subcustodians to make, payments of cash credited to the Deposit Account only
(a) in connection with the purchase of Securities for the Fund and the delivery of such Securities to, or the crediting of such Securities to the account of, the Bank or its subcustodian, each such payment to be made at prices as confirmed by Instructions (as defined in Section 9 hereof) from Authorized persons (as defined in Section 10 hereof);
(b) for the purchase or redemption of shares of the capital stock of the Fund and the delivery to, or crediting to the account of, the Bank or its subcustodian of such shares to be so purchased or redeemed;
(c) for the payment for the account of the Fund of dividends, interest, taxes, management or supervisory fees, capital distributions or operating expenses;
(d) for the payments to be made in connection with the conversion, exchange or surrender of Securities held in the Custody Account;
(e) for transmittal either to State Street United Missouri Bank and Trust Companyof Kansas City, sub-custodian of the FundNational Association, or to Investors Fiduciary Trust Company, Custodian for the Fund;
(f) for other proper corporate purposes of the Fund; or
(g) upon the termination of this Custody Agreement as hereinafter set forth. All payments of cash for a purpose permitted by subsection (a), (b), (c), (d) or (e) of this Section 5 will be made only upon receipt by the Bank of Instructions from Authorized Persons which shall specify the purpose for which the payment is to be made and the applicable subsection of this Section 5. In the case of any payment to be made for the purpose permitted by subsection (f) of this Section 5, the Bank must first receive a certified copy of a resolution of the Board adequately describing such payment, declaring such purpose to be a proper purpose, and naming the person or persons to whom such payment is to be made. Any payment pursuant to subsection (g) of this Section 5 will be made in accordance with Section 17. In the event that any payment made under this Section 5 exceeds the funds available in the Deposit Account, the Bank may, in its discretion, advance the Fund an amount equal to such excess and such advance shall be deemed a loan from the Bank to the Fund, payable on demand, bearing interest at the rate of interest customarily charged by the Bank on similar loans. If the Bank causes the Deposit Account to be credited on the payable date for interest, dividends or redemptions, the Fund will promptly return to the Bank any such amount or property so credited upon oral or written notification that neither the Bank nor its subcustodian can collect such amount or property in the ordinary course of business. The Bank or its subcustodian, as the case may be, shall have no duty or obligation to institute legal proceedings, file a claim or proof of claim in any insolvency proceeding to take any other action with respect to the collection of such amount or property beyond its ordinary collection procedures.
Appears in 1 contract
Samples: Foreign Custody Agreement (Kemper Value Plus Growth Fund)
Deposit Account Payments. Subject to the provisions of Section 7, the Bank shall make, or cause its subcustodians subcustodian to make, payments of cash credited to the a Deposit Account only:
(a) in connection with the purchase of Securities for the particular Portfolio of the Fund involved and the delivery of such Securities to, or the crediting of such Securities to to, the account of, particular Custody Account of the Bank or its subcustodian, each such payment to be made at prices as confirmed by Instructions (as defined in Section 9 hereof) from Authorized persons Persons (as defined in Section 10 hereof);
(b) for the purchase or redemption of shares of the capital stock of the particular Portfolio of the Fund involved and the delivery to, or crediting to the account of, the Bank or its subcustodian of such shares to be so purchased or redeemed;
(c) for the payment for the account of the particular Portfolio of the Fund involved of dividends, interest, taxes, management or supervisory fees, capital distributions or operating expenses;
(d) for the payments to be made in connection with the conversion, exchange or surrender of Securities held in the a Custody Account;
(e) for transmittal either spot or forward foreign exchange transactions to State Street Bank and Trust Companyfacilitate security trading, sub-custodian receipt of the Fund, income from Securities or to Investors Fiduciary Trust Company, Custodian for the Fundrelated transactions;
(f) for other proper corporate purposes of the Fundparticular Portfolio of the Fund involved; or
(g) upon the termination of this Custody Agreement as hereinafter set forth. All payments of cash for a purpose permitted by subsection (a), (b), (c), (d) or (e) of this Section 5 will be made only upon receipt by the Bank of Instructions from Authorized Persons which shall specify the purpose for which the payment is to be made and the applicable subsection of this Section 5. In the case of any payment to be made for the purpose permitted by subsection (f) of this Section 5, the Bank must first receive a certified copy of a resolution of the Board of Directors of the Fund adequately describing such payment, declaring such purpose to be a proper corporate purpose, and naming the person or persons to whom such payment is to shall be made. Any payment pursuant to subsection (g) of this Section 5 will be made in accordance with Section 1717 hereof. In the event that any payment for a Portfolio of the Fund made under this Section 5 exceeds the funds available in the that Portfolio's Deposit Account, the Bank may, in its discretion, advance the Fund on behalf of that Portfolio an amount equal to such excess and such advance shall be deemed a loan from the Bank to the Fund, that Portfolio payable on demand, bearing interest at the rate of interest customarily charged by the Bank on similar loans. If the Bank causes the a Deposit Account to be credited on the payable date for interest, dividends or redemptions, the particular Portfolio of the Fund involved will promptly return to the Bank any such amount or property so credited upon oral or written notification that neither the Bank nor its subcustodian can collect such amount or property has not been received in the ordinary course of businessbusiness or that such amount was incorrectly credited. The Bank or its subcustodian, as the case may be, shall have no duty or obligation to institute legal proceedings, file a claim or proof of claim in any insolvency proceeding to or take any other action with respect to the collection of such amount or property beyond its ordinary collection proceduresproperty.
Appears in 1 contract
Deposit Account Payments. Subject to the provisions of Section 7, the Bank shall make, or cause its subcustodians sub-custodian to make, payments of cash credited to the a Deposit Account only:
(a) A. in connection with the purchase of Securities for the Fund a designated Portfolio and the delivery of such Securities to, or the crediting of such Securities to the account particular Custody Account of, the Bank or its subcustodiansub-custodian, each such payment to be made at prices as confirmed by Instructions (as defined in Section 9 hereof) from Authorized persons Persons (as defined in Section 10 hereof);
(b) B. for the purchase or redemption of shares of the capital stock beneficial interest of the Fund designated Portfolio involved and the delivery to, or crediting to the account of, the Bank or its subcustodian sub-custodian of such shares to be so purchased or redeemed;
(c) C. for the payment for the account of the Fund designated Portfolio involved of dividends, interest, taxes, management or supervisory management, administrative, distribution, shareholder service and transfer agency fees, capital distributions or other operating expenses;
(d) D. for the payments to be made in connection with the conversion, exchange or surrender of Securities held in the a Custody Account;
(e) for transmittal either to State Street Bank and Trust Company, sub-custodian of the Fund, or to Investors Fiduciary Trust Company, Custodian for the Fund;
(f) E. for other proper corporate purposes of the Funddesignated Portfolio involved; or
(g) F. upon the termination of this Custody Agreement as hereinafter set forth. All payments of cash for a purpose permitted by subsection (a), (b), (c), (d) or (ed) of this Section 5 will be made only upon receipt by the Bank of Instructions from Authorized Persons which shall specify the purpose for which the payment is to be made and the applicable subsection of this Section 5. In the case of any payment to be made for the purpose permitted by subsection (fe) of this Section 5, the Bank must first receive a certified copy of a resolution of the Board of Trustees of the Fund adequately describing such payment, declaring such purpose to be a proper purpose, and naming the person or persons to whom such payment is to shall be made. Any payment pursuant to subsection (gf) of this Section 5 will be made in accordance with Section 1717 hereof. In the event that any payment for a designated Portfolio made under this Section 5 exceeds the funds available in the that Portfolio's Deposit Account, the Bank may, in its discretion, advance the Fund on behalf of that Portfolio an amount equal to such excess and such advance shall be deemed a loan from the Bank to the Fund, that Portfolio payable on demand, bearing interest at the rate of interest customarily charged by the Bank on similar loans. If the Bank causes the a Deposit Account to be credited on the payable date for interest, dividends or redemptions, the Fund designated Portfolio involved will promptly return to the Bank any such amount or property so credited upon oral or written notification that neither the Bank nor its subcustodian sub-custodian can collect such amount or property in the ordinary course of business. The Bank or its subcustodiansub-custodian, as the case may be, shall have no duty or obligation to institute legal proceedings, file a claim or proof of claim in any insolvency proceeding to or take any other action with respect to the collection of such amount or property beyond its ordinary collection procedures.
Appears in 1 contract
Samples: Sub Custodian Agreement (Nicholas Applegate Mutual Funds)
Deposit Account Payments. Subject to the provisions of Section 7, the Bank shall make, or cause its subcustodians to make, payments of cash credited to the Deposit Account only
(a) in connection with the purchase of Securities for the Fund and the delivery of such Securities securities to, or the crediting of such Securities to the account of, the Bank or its subcustodian, each such payment to be made at prices as confirmed by Instructions (as defined in Section 9 hereof) from Authorized persons Persons (as defined in Section 10 hereof);
(b) for the purchase or redemption of shares of the capital stock of the Fund and the delivery to, or crediting to the account of, the Bank or its subcustodian of such shares to be so purchased or redeemed;
(c) for the payment for the account of the Fund of dividends, interest, taxes, management or supervisory fees, capital distributions or operating expenses;
(dc) for the payments to be made in connection with the conversion, exchange or surrender of Securities held in the Custody Account;
(e) for transmittal either to State Street Bank and Trust Company, sub-custodian of the Fund, or to Investors Fiduciary Trust Company, Custodian for the Fund;
(fd) for other proper corporate purposes of the Fund; or
(ge) upon the termination of this Custody Agreement as hereinafter set forth. All payments of cash for a purpose permitted by subsection (a), (b), (c), (d) or (ec) of this Section 5 will be made only upon receipt by the Bank of Instructions from Authorized Persons which shall specify the purpose for which the payment is to be made and the applicable subsection of this Section 5. In the case of any payment to be made for the purpose permitted by subsection (fd) of this Section 5, the Bank must first receive a certified copy of a resolution of the Board of Trustees of the Fund adequately describing such payment, declaring such purpose to be a proper corporate purpose, and naming the person or persons to whom such payment is to be made. Any payment pursuant to subsection (ge) of this Section 5 will be made in accordance with Section 17. In the event that any payment made under this Section 5 exceeds the funds available in the Deposit Account, the Bank may, in its discretion, advance the Fund Company an amount equal to such excess and such advance shall be deemed a loan from the Bank to the FundCompany, payable on demand, bearing interest at the rate of interest customarily charged by the Bank on similar loans. If the Bank causes the Deposit Account to be credited on the payable date for interest, dividends or redemptions, the Fund Company will promptly return to the Bank any such amount or property so credited upon oral or written notification that neither the Bank nor its subcustodian can collect such amount or property in the ordinary course of business. The Bank or its subcustodian, as the case may be, shall have no duty or obligation to institute legal proceedings, file a claim or proof of claim in any insolvency proceeding to or take any other action with respect to the collection of such amount or property beyond its ordinary collection procedures.
Appears in 1 contract
Deposit Account Payments. Subject to the provisions of Section 7, the Bank shall make, or cause its subcustodians to make, payments of cash credited to the Deposit Account only
(a) in connection with the purchase of Securities for the Fund and the delivery of such Securities to, or the crediting of such Securities to the account of, the Bank or its subcustodian, each such payment to be made at prices as confirmed by Instructions (as defined in Section 9 hereof) from Authorized persons (as defined in Section 10 hereof);
(b) for the purchase or redemption of shares of the capital stock of the Fund and the delivery to, or crediting to the account of, the Bank or its subcustodian of such shares to be so purchased or redeemed;
(c) for the payment for the account of the Fund of dividends, interest, taxes, management or supervisory fees, capital distributions or operating expenses;
(d) for the payments to be made in connection with the conversion, exchange or surrender of Securities held in the Custody Account;
(e) for transmittal either to State Street United Missouri Bank and Trust Companyof Kansas City, sub-custodian of the FundNational Association, or to Investors Fiduciary Trust Company, as Custodian for the Fund;
(f) for other proper corporate purposes of the Fund; or
(g) upon the termination of this Custody Agreement as hereinafter set forth. All payments of cash for a purpose permitted by subsection (a), (b), (c), (d) or (e) of this Section 5 will be made only upon receipt by the Bank of Instructions from Authorized Persons which shall specify the purpose for which the payment is to be made and the applicable subsection of this Section 5. In the case of any payment to be made for the purpose permitted by subsection (f) of this Section 5, the Bank must first receive a certified copy of a resolution of the Board adequately describing such payment, declaring such purpose to be a proper purpose, and naming the person or persons to whom such payment is to be made. Any payment pursuant to subsection (g) of this Section 5 will be made in accordance with Section 17. In the event that any payment made under this Section 5 exceeds the funds available in the Deposit Account, the Bank may, in its discretion, advance the Fund an amount equal to such excess and such advance shall be deemed a loan from the Bank to the Fund, payable on demand, bearing interest at the rate of interest customarily charged by the Bank on similar loans. If the Bank causes the Deposit Account to be credited on the payable date for interest, dividends or redemptions, the Fund will promptly return to the Bank any such amount or property so credited upon oral or written notification that neither the Bank nor its subcustodian can collect such amount or property in the ordinary course of business. The Bank or its subcustodian, as the case may be, shall have no duty or obligation to institute legal proceedings, file a claim or proof of claim in any insolvency proceeding to take any other action with respect to the collection of such amount or property beyond its ordinary collection procedures.
Appears in 1 contract
Samples: Foreign Custody Agreement (Kemper Diversified Income Fund)
Deposit Account Payments. Subject to the provisions of Section 7, the Bank shall make, or cause its subcustodians to make, payments of cash credited to the Deposit Account only
(a) in connection with the purchase of Securities for the Fund Company and the delivery of such Securities to, or the crediting of such Securities to the account of, the Bank or its subcustodian, ; each such payment to be made at prices as confirmed by Instructions (as defined in Section 9 hereof) from Authorized persons Persons (as defined in Section 10 hereof);
(b) for the purchase or redemption of shares of the capital stock of the Fund Company and the delivery to, or crediting to the account of, the Bank or its subcustodian of such shares to be so purchased or redeemed;
(c) for the payment for the account of the Fund Company of dividends, interest, taxes, management or supervisory fees, capital distributions or operating expenses;
(d) for the payments to be made in connection with the conversion, exchange or surrender of Securities held in the Custody Account;
(e) for transmittal either to State Street Bank and Trust Company, sub-custodian of the Fund, or to Investors Fiduciary Trust Company, Custodian for the Fund;
(f) for other proper corporate purposes of the FundCompany; or
(gf) upon the termination of this Custody Agreement as hereinafter set forth. All payments of cash for a purpose permitted by subsection (a), (b), (c), (d) or (ed) of this Section 5 will be made only upon receipt by the Bank of Instructions from Authorized Persons which shall specify the purpose for which the payment is to be made and the applicable subsection of this Section 5. In the case of any payment to be made for the purpose permitted by subsection (fe) of this Section 5, the Bank must first receive a certified copy of a resolution of the Board adequately describing such payment, declaring such purpose to be a proper corporate purpose, and naming the person or persons to whom such payment is to be made. Any payment pursuant to subsection (gf) of this Section 5 will be made in accordance with Section 17. In the event that any payment made under this Section 5 exceeds the funds available in the Deposit Account, the Bank may, in its discretion, advance the Fund Company an amount equal to such excess and such advance shall be deemed a loan from the Bank to the FundCompany, payable on demand, bearing interest at the rate of interest customarily charged by the Bank on similar loans. If the Bank causes the Deposit Account to be credited on the payable date for interest, dividends or redemptions, the Fund Company will promptly return to the Bank any such amount or property so credited upon oral or written notification that neither the Bank nor its subcustodian can collect such amount or property in the ordinary course of business. The Bank or its subcustodian, as the case may be, shall have no duty or obligation to institute legal proceedings, file a claim or proof of claim in any insolvency proceeding to or take any other action with respect to the collection of such amount or property beyond its ordinary collection procedures.
Appears in 1 contract
Deposit Account Payments. Subject to the provisions of Section 7, the Bank shall make, or cause its subcustodians to make, payments of cash credited to the Deposit Account only
(a) in connection with the purchase of Securities for the Fund and the delivery of such Securities securities to, or the crediting of such Securities to the account of, the Bank or its subcustodian, each such payment to be made at prices as confirmed by Instructions (as defined in Section 9 hereof) from Authorized persons Persons (as defined in Section 10 hereof);
(b) for the purchase or redemption of shares of the capital stock of the Fund and the delivery to, or crediting to the account of, the Bank or its subcustodian of such shares to be so purchased or redeemed;
(c) for the payment for the account of the Fund of dividends, interest, taxes, management or supervisory fees, capital distributions or operating expenses;
(dc) for the payments to be made in connection with the conversion, exchange or surrender of Securities held in the Custody Account;
(e) for transmittal either to State Street Bank and Trust Company, sub-custodian of the Fund, or to Investors Fiduciary Trust Company, Custodian for the Fund;
(fd) for other proper corporate purposes of the Fund; or
(ge) upon the termination of this Custody Agreement as hereinafter set forth. All payments of cash for a purpose permitted by subsection (a), (b), (c), (d) or (ec) of this Section 5 will be made only upon receipt by the Bank of Instructions from Authorized Persons which shall specify the purpose for which the payment is to be made and the applicable subsection of this Section 5. In the case of any payment to be made for the purpose permitted by subsection (fd) of this Section 5, the Bank must first receive a certified copy of a resolution of the Board of Trustees of the Fund adequately describing such payment, declaring such purpose to be a proper corporate purpose, and naming the person or persons to whom such payment is to be made. Any payment pursuant to subsection (ge) of this Section 5 Section.5 will be made in accordance with Section 17. In the event that any payment made under this Section 5 exceeds the funds available in the Deposit Account, the Bank may, in its discretion, advance the Fund Company an amount equal to such excess and such advance shall be deemed a loan from the Bank to the FundCompany, payable on demand, bearing interest at the rate of interest customarily charged by the Bank on similar loans. If the Bank causes the Deposit Account to be credited on the payable date for interest, dividends or redemptions, the Fund Company will promptly return to the Bank any such amount or property so credited upon oral or written notification that neither the Bank Xxxx nor its subcustodian can collect such amount or property in the ordinary course of business. The Bank or its subcustodian, as the case may be, shall have no duty or obligation to institute legal proceedings, file a claim or proof of claim in any insolvency proceeding to or take any other action with respect to the collection of such amount or property beyond its ordinary collection procedures.
Appears in 1 contract
Deposit Account Payments. Subject to Subjectto the provisions of Section 7, the Bank shall make, or cause its subcustodians sub-custodian to make, payments of cash credited to the a Deposit Account only:
(a) in In connection with the purchase of Securities for the particular investment portfolio of the Fund involved and the delivery of such Securities to, or the crediting of such Securities to the account particular Custody Account of, the Bank or its subcustodiansub-custodian, each such payment to be made at prices as confirmed by Instructions (as defined in Section 9 hereof) from Authorized persons (as defined in Section 10 hereof);
(b) for For the purchase or redemption of shares of the capital stock of the particular investment portfolio of the Fund involved and the delivery to, or crediting to the account of, the Bank or its subcustodian sub-custodian of such shares to be so purchased or redeemed;
(c) for For the payment for the account of the particular investment portfolio of the Fund involved of dividends, interest, taxes, management or supervisory fees, capital distributions or operating expenses;
(d) for For the payments to be made in connection with the conversion, exchange or surrender of Securities held in the a Custody Account;
(e) for transmittal either to State Street Bank and Trust Company, sub-custodian of the Fund, or to Investors Fiduciary Trust Company, Custodian for the Fund;
(f) for For other proper corporate purposes of the Fundparticular investment portfolio of the Fund involved; or
(gf) upon Upon the termination of this Custody Agreement as hereinafter set forth. All payments of cash for a purpose permitted by subsection (a), (b), (c), (d) or (ed) of this Section 5 will be made only upon receipt by the Bank of Instructions from Authorized Persons which shall specify the purpose for which the payment is to be made and the applicable subsection of this Section 5. In the case of any payment to be made for the purpose permitted by subsection (fe) of this Section 5, the Bank must first receive a certified copy of a resolution of the Board Trustees of the Fund adequately describing such payment, declaring such purpose to be a proper corporate purpose, and naming the person or persons to whom such payment is to shall be made. Any payment pursuant to subsection (gf) of this Section 5 will be made in accordance with Section 1717 hereof. In the event that any payment for an investment portfolio of the Fund made under this Section 5 exceeds the funds available in the that investment portfolio's Deposit Account, the Bank may, in its discretion, advance the Fund on behalf of that investment portfolio an amount equal to such excess and such advance shall be deemed a loan from the Bank to the Fund, that investment portfolio payable on demand, bearing interest at the rate of interest customarily charged by the Bank on similar loans. If the Bank causes the a Deposit Account to be credited on the payable date for interest, dividends or redemptions, the particular investment portfolio of the Fund involved will promptly return to the Bank any such amount or property so credited upon oral or written notification that neither the Bank nor its subcustodian sub-custodian can collect such amount or property in the ordinary course of business. The Bank or its subcustodiansub-custodian, as the case may be, shall have no not duty or obligation to institute legal proceedings, file a claim or proof of claim in any insolvency proceeding to or take any other action with respect to the collection of or such amount or property beyond its ordinary collection procedures.
Appears in 1 contract
Samples: Sub Custodian Agreement (Haven Capital Management Trust)
Deposit Account Payments. Subject to the provisions of Section 7, the Bank shall make, or cause its subcustodians sub-custodian to make, payments of cash credited to the a Deposit Account only:
(a) in connection with the purchase of Securities for the particular investment portfolio of the Fund involved and the delivery of such Securities to, or the crediting of such Securities to the account particular Custody Account of, the Bank or its subcustodiansub-custodian, each such payment to be made at prices as confirmed by Instructions (as defined in Section 9 hereof) from Authorized persons Persons (as defined in Section 10 hereof);
(b) for the purchase or redemption of shares of the capital stock of the particular investment portfolio of the Fund involved and the delivery to, or crediting to the account of, the Bank or its subcustodian sub-custodian of such shares to be so purchased or redeemed;
(c) for the payment for the account of the particular investment portfolio of the Fund involved of dividends, interest, taxes, management or supervisory fees, capital distributions or operating expenses;
(d) for the payments to be made in connection with the conversion, exchange or surrender of Securities held in the a Custody Account;
(e) for transmittal either to State Street Bank and Trust Company, sub-custodian of the Fund, or to Investors Fiduciary Trust Company, Custodian for the Fund;
(f) for other proper corporate purposes of the Fundparticular investment portfolio of the Fund involved; or
(gf) upon the termination of this Custody Agreement as hereinafter set forth. All payments of cash for a purpose permitted by subsection (a), (b), (c), (d) or (ed) of this Section 5 will be made only upon receipt by the Bank of Instructions from Authorized Persons which shall specify the purpose for which the payment is to be made and the applicable subsection of this Section 5. In the case of any payment to be made for the purpose permitted by subsection (fe) of this Section 5, the Bank must first receive a certified copy of a resolution of the Board of Directors of the Fund adequately describing such payment, declaring such purpose to be a proper corporate purpose, and naming the person or persons to whom such payment is to shall be made. Any payment pursuant to subsection (gf) of this Section 5 will be made in accordance with Section 1717 hereof. In the event that any payment for an investment portfolio of the Fund made under this Section 5 exceeds the funds available in the that investment portfolio's Deposit Account, the Bank may, in its discretion, advance the Fund on behalf of that investment portfolio an amount equal to such excess and such advance shall be deemed a loan from the Bank to the Fund, that investment portfolio payable on demand, bearing interest at the rate of interest customarily charged by the Bank on similar loans. If the Bank causes the a Deposit Account to be credited on the payable date for interest, dividends or redemptions, the particular investment portfolio of the Fund involved will promptly return to the Bank any such amount or property so credited upon oral or written notification that neither the Bank nor its subcustodian sub-custodian can collect such amount or property in the ordinary course of business. The Bank or its subcustodiansub-custodian, as the case may be, shall have no duty or obligation to institute legal proceedings, file a claim or proof of claim in any insolvency proceeding to or take any other action with respect to the collection of such amount or property beyond its ordinary collection procedures.
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