Common use of Deposit of Fund Assets in Securities Systems Clause in Contracts

Deposit of Fund Assets in Securities Systems. Notwithstanding any other provision of this Agreement, State Street may deposit and/or maintain securities owned by the Fund in Depository Trust Company, a clearing agency registered with the Securities and Exchange Commission ("Commission") under Section 17A of the Securities Exchange Act of 1934 ("Exchange Act"), which acts as a securities depository, in any other clearing agency registered under Section 17A of the Exchange Act and which has been authorized by the Fund's Board of Trustees, in the book-entry system authorized by the U.S. Department of the Treasury and certain federal agencies or in any other book entry system which the Commission has authorized for use by investment companies as a securities depository by order, or interpretive or no-action letter, and which has been authorized by the Fund's Board of Trustees, collectively referred to herein as "Securities System(s)", in accordance with applicable Federal Reserve Board and Commission rules and regulations, if any, and subject to the following provisions: 0) Xxxxx Xxxxxx may keep securities of the Fund in a Securities System provided that such securities are deposited in an account ("Account") of State Street in the Securities System which shall not include any assets of State Street other than assets held as a fiduciary, custodian or otherwise for customers; 2) The records of State Street with respect to securities of the Fund which are maintained in a Securities System shall identify by book entry those securities belonging to the Fund; 0) Xxxxx Xxxxxx shall pay for securities purchased for the account of the Fund upon (i) receipt of advice from the Securities System that such securities have been transferred to the Account, and (ii) the making of an entry on the records of State Street to reflect such payment and transfer for the account of the Fund. State Street shall transfer securities sold for the account of the Fund upon (i) receipt of advice from the Securities System that payment for such securities has been transferred to the Account, and (ii) the making of an entry on the records of State Street to reflect such transfer and payment for the account of the Fund. Copies of all advices from the Securities System of transfers of securities for the account of the Fund shall identify the Fund, be maintained for the Fund by State Street and be provided to the Fund at its request. State Street shall furnish the Fund confirmation of each transfer to or from the account of the Fund in the form of a written advice or notice and shall furnish to the Fund copies of daily transaction sheets reflecting each day's transactions in the Securities System for the account of the Fund on the next business day; 0) Xxxxx Xxxxxx shall promptly provide the Fund with any report obtained by State Street on the Securities System's accounting system, internal accounting control and procedures for safeguarding securities deposited in the Securities System. State Street shall promptly provide the Fund any report on State Street's accounting system, internal accounting control and procedures for safeguarding securities deposited with State Street which is reasonably requested by the Fund; 5) Anything to the contrary in this Agreement notwithstanding, State Street shall be liable to the Fund for any claim, loss, liability, damage or expense to the Fund, including attorney's fees, resulting from use of a Securities System by reason of any negligence, misfeasance or misconduct of State Street, its agents or any of its or their employees or from failure of State Street or any such agent to enforce effectively such rights as it may have against a Securities System. At the election of the Fund, it shall be entitled to be subrogated to the rights of State Street or its agents with respect to any claim against the Securities System or any other person which State Street or its agents may have as a consequence of any such claim, loss, liability, damage or expense if and to the extent that the Fund has not been made whole for any such loss or damage.

Deposit of Fund Assets in Securities Systems. Notwithstanding any other provision of this Agreement, State Street may deposit and/or maintain securities owned by the Fund in (i) Depository Trust Company, a clearing agency registered with the Securities and Exchange Commission ("Commission") under Section 17A of the Securities Exchange Act of 1934 ("Exchange Act"), which acts as a securities depository, in ; (ii) any other clearing agency registered under Section 17A of the Exchange Act and which that has been authorized by the Fund's Board of Trustees, in ; (iii) the book-entry system authorized by the U.S. Department of the Treasury and certain federal agencies agencies; or in (iv) any other book entry system which the Commission has authorized for use by investment companies as a securities depository by order, order or interpretive or no-action letter, and which letter that has been authorized by the Fund's Board of TrusteesTrustees (all such agencies and systems, collectively referred to herein as "Securities System(s)", ) in accordance with applicable Federal Reserve Board and Commission rules and regulations, if any, and subject to the following provisions: 01) Xxxxx Xxxxxx State Street may keep securities of the Fund in a ox xxx Xxxx xx x Securities System provided that such securities are deposited in an account ("Account") of State Street in the Securities System which that shall not include any assets of State Street other than assets held as a fiduciary, custodian or otherwise for customers; 2) The records of State Street with respect to securities of the Fund which that are maintained in a Securities System shall identify by book entry those securities belonging to the Fund; 03) Xxxxx Xxxxxx State Street shall pay for securities purchased for securitxxx xxxxxxxxx xor the account of the Fund upon (i) receipt of advice from the Securities System that such securities have been transferred to the Accountaccount, and (ii) the making of an entry on the records of State Street to reflect such payment and transfer for the account of the Fund. State Street shall transfer securities sold for the account of the Fund upon (i) receipt of advice from the Securities System that payment for such securities has been transferred to the Accountaccount, and (ii) the making of an entry on the records of State Street to reflect such transfer and payment for the account of the Fund. Copies of all advices from the Securities System of transfers of securities for the account of the Fund shall identify the Fund, be maintained for the Fund by State Street and be provided to the Fund at its request. State Street shall furnish the Fund confirmation of each transfer to or from the account of the Fund in the form of a written advice or notice and shall furnish to the Fund copies of daily transaction sheets reflecting each day's transactions in the Securities System for the account of the Fund on the next business day; 04) Xxxxx Xxxxxx State Street shall promptly provide the Fund with providx xxx Xxxx xxxx any report obtained by State Street on the Securities System's accounting system, internal accounting control and procedures for safeguarding securities deposited in the Securities System. State Street shall promptly provide the Fund with any report on State Street's accounting system, internal accounting control and procedures for safeguarding securities deposited with State Street which that is reasonably requested by the Fund;; and 5) Anything to the contrary in this Agreement notwithstanding, State Street shall be liable to the Fund for any claim, loss, liability, damage or expense to the Fund, including attorney's fees, resulting from use of a Securities System by reason of any negligence, misfeasance or misconduct of State Street, its agents or any of its or their employees or from failure of State Street or any such agent to enforce effectively such rights as it may have against a Securities System. At the election of the Fund, it shall be entitled to be subrogated to the rights of State Street or its agents with respect to any claim against the Securities System or any other person which that State Street or its agents may have as a consequence of any such claim, loss, liability, damage or expense if and to the extent that the Fund has not been made whole for any such loss or damage.

Deposit of Fund Assets in Securities Systems. Notwithstanding any other provision of this Agreement, State Street may deposit and/or maintain securities owned by the Fund in Depository Trust Company, a clearing agency registered with the Securities and Exchange Commission ("Commission") under Section 17A of the Securities Exchange Act of 1934 ("Exchange Act"), which acts as a securities depository, in any other clearing agency registered under Section 17A of the Exchange Act and which has been authorized by the Fund's Board of Trustees, in the book-entry system authorized by the U.S. Department of the Treasury and certain federal agencies or in any other book entry system which the Commission has authorized for use by investment companies as a securities depository by order, order or interpretive or no-action letter, letter and which has been authorized by the Fund's Board of Trustees, collectively referred to herein as "Securities System(s)", ," in accordance with applicable Federal Reserve Board and Commission rules and regulations, if any, and subject to the following provisions: 0) Xxxxx Xxxxxx may keep securities of the Fund in a Securities System provided that such securities are deposited in an account ("Account") of State Street in the Securities System which shall not include any assets of State Street other than assets held as a fiduciary, custodian or otherwise for customers; 2) The records of State Street with respect to securities of the Fund which are maintained in a Securities System shall identify by book entry those securities belonging to the Fund; 0) Xxxxx Xxxxxx shall pay for securities purchased for the account of the Fund upon (i) receipt of advice from the Securities System that such securities have been transferred to the Account, and (ii) the making of an entry on the records of State Street to reflect such payment and transfer for the account of the Fund. State Street shall transfer securities sold for the account of the Fund upon (i) receipt of advice from the Securities System that payment for such securities has been transferred to the Account, and (ii) the making of an entry on the records of State Street to reflect such transfer and payment for the account of the Fund. Copies of all advices advises from the Securities System of transfers of securities for the account of the Fund shall identify the Fund, be maintained for the Fund by State Street and be provided to the Fund at its request. State Street shall furnish the Fund confirmation of each transfer to or from the account of the Fund in the form of a written advice or notice and shall furnish to the Fund copies of daily transaction sheets reflecting each day's transactions in the Securities System for the account of the Fund on the next business day; 0) Xxxxx Xxxxxx shall promptly provide the Fund with any report obtained by State Street on the Securities System's accounting system, internal accounting control and procedures for safeguarding securities deposited in the Securities System. State Street shall promptly provide the Fund with any report on State Street's accounting system, internal accounting control and procedures for safeguarding securities deposited with State Street which is reasonably requested by the Fund; 5) Anything to the contrary in this Agreement notwithstanding, State Street shall be liable to the Fund for any claim, loss, liability, damage or expense to the Fund, including attorney's fees, resulting from use of a Securities System by reason of any negligence, misfeasance or misconduct of State Street, its agents or any of its or their employees or from failure of State Street or any such agent to enforce effectively such rights as it may have against a Securities System. At the election of the Fund, it shall be entitled to be subrogated to the rights of State Street or its agents with respect to any claim against the Securities System or any other person which State Street or its agents may have as a consequence of any such claim, loss, liability, damage or expense if and to the extent that the Fund has not been made whole for any such loss or damage.

Deposit of Fund Assets in Securities Systems. Notwithstanding any other provision of this Agreement, State Street may deposit and/or maintain securities owned by the Fund in (i) Depository Trust Company, a clearing agency registered with the Securities and Exchange Commission ("Commission") under Section 17A of the Securities Exchange Act of 1934 ("Exchange Act"), which acts as a securities depository, in ; (ii) any other clearing agency registered under Section 17A of the Exchange Act and which that has been authorized by the Fund's Board of Trustees, in ; (iii) the book-entry system authorized by the U.S. Department of the Treasury and certain federal agencies agencies; or in (iv) any other book entry system which the Commission has authorized for use by investment companies as a securities depository by order, order or interpretive or no-action letter, and which letter that has been authorized by the Fund's Board of TrusteesTrustees (all such agencies and systems, collectively referred to herein as "Securities System(s)", ) in accordance with applicable Federal Reserve Board and Commission rules and regulations, if any, and subject to the following provisions: 0) Xxxxx Xxxxxx may keep securities of the Fund in a Securities System provided that such securities are deposited in an account ("Account") of State Street in the Securities System which that shall not include any assets of State Street other than assets held as a fiduciary, custodian or otherwise for customers; 2) The records of State Street with respect to securities of the Fund which that are maintained in a Securities System shall identify by book entry those securities belonging to the Fund; 0) Xxxxx Xxxxxx shall pay for securities purchased for the account of the Fund upon (i) receipt of advice from the Securities System that such securities have been transferred to the Accountaccount, and (ii) the making of an entry on the records of State Street to reflect such payment and transfer for the account of the Fund. State Street shall transfer securities sold for the account of the Fund upon (i) receipt of advice from the Securities System that payment for such securities has been transferred to the Accountaccount, and (ii) the making of an entry on the records of State Street to reflect such transfer and payment for the account of the Fund. Copies of all advices from the Securities System of transfers of securities for the account of the Fund shall identify the Fund, be maintained for the Fund by State Street and be provided to the Fund at its request. State Street shall furnish the Fund confirmation of each transfer to or from the account of the Fund in the form of a written advice or notice and shall furnish to the Fund copies of daily transaction sheets reflecting each day's transactions in the Securities System for the account of the Fund on the next business day; 0) Xxxxx Xxxxxx shall promptly provide the Fund with any report obtained by State Street on the Securities System's accounting system, internal accounting control and procedures for safeguarding securities deposited in the Securities System. State Street shall promptly provide the Fund with any report on State Street's accounting system, internal accounting control and procedures for safeguarding securities deposited with State Street which that is reasonably requested by the Fund;; and 5) Anything to the contrary in this Agreement notwithstanding, State Street shall be liable to the Fund for any claim, loss, liability, damage or expense to the Fund, including attorney's fees, resulting from use of a Securities System by reason of any negligence, misfeasance or misconduct of State Street, its agents or any of its or their employees or from failure of State Street or any such agent to enforce effectively such rights as it may have against a Securities System. At the election of the Fund, it shall be entitled to be subrogated to the rights of State Street or its agents with respect to any claim against the Securities System or any other person which that State Street or its agents may have as a consequence of any such claim, loss, liability, damage or expense if and to the extent that the Fund has not been made whole for any such loss or damage.

Deposit of Fund Assets in Securities Systems. Notwithstanding any other provision of this Agreement, State Street may deposit and/or maintain securities owned by the Fund in Depository Trust Company, a clearing agency registered with the Securities and Exchange Commission ("Commission") under Section 17A of the Securities Exchange Act of 1934 ("Exchange Act"), which acts as a securities depository, in any other clearing agency registered under Section 17A of the Exchange Act and which has been authorized by the Fund's Board of Trustees, in the book-entry system authorized by the U.S. Department of the Treasury and certain federal agencies or in any other book entry system which the Commission has authorized for use by investment companies as a securities depository by order, order or interpretive or no-action letter, letter and which has been authorized by the Fund's Board of TrusteesDirectors, collectively referred to herein as "Securities System(s)", ," in accordance with applicable Federal Reserve Board and Commission rules and regulations, if any, and subject to the following provisions: 0) Xxxxx Xxxxxx may keep securities of the Fund in a Securities System provided that such securities are deposited in an account ("Account") of State Street in the Securities System which shall not include any assets of State Street other than assets held as a fiduciary, custodian or otherwise for customers; 2) The records of State Street with respect to securities of the Fund which are maintained in a Securities System shall identify by book entry those securities belonging to each Portfolio of the Fund; 0) Xxxxx Xxxxxx shall pay for securities purchased for the account of the Fund upon (i) receipt of advice from the Securities System that such securities have been transferred to the Account, and (ii) the making of an entry on the records of State Street to reflect such payment and transfer for the account of the Fund. State Street shall transfer securities sold for the account of the Fund upon (i) receipt of advice from the Securities System that payment for such securities has been transferred to the Account, and (ii) the making of an entry on the records of State Street to reflect such transfer and payment for the account of the Fund. Copies of all advices from the Securities System of transfers of securities for the account of the Fund shall identify the Fund, be maintained for the Fund by State Street and be provided to the Fund at its request. State Street shall furnish the Fund confirmation of each transfer to or from the account of the Fund in the form of a written advice or notice and shall furnish to the Fund copies of daily transaction sheets reflecting each day's transactions in the Securities System for the account of the Fund on the next business day; 0) Xxxxx Xxxxxx shall promptly provide the Fund with any report obtained by State Street on the Securities System's accounting system, internal accounting control and procedures for safeguarding securities deposited in the Securities System. State Street shall promptly provide the Fund any report on State Street's accounting system, internal accounting control and procedures for safeguarding securities deposited with State Street which is reasonably requested by the Fund; 5) Anything to the contrary in this Agreement notwithstanding, State Street shall be liable to the Fund for any claim, loss, liability, damage or expense to the Fund, including attorney's fees, resulting from use of a Securities System by reason of any negligence, misfeasance or misconduct of State Street, its agents or any of its or their employees or from failure of State Street or any such agent to enforce effectively such rights as it may have against a Securities System. At the election of the Fund, it shall be entitled to be subrogated to the rights of State Street or its agents with respect to any claim against the Securities System or any other person which State Street or its agents may have as a consequence of any such claim, loss, liability, damage or expense if and to the extent that the Fund has not been made whole for any such loss or damage.

Deposit of Fund Assets in Securities Systems. Notwithstanding any other provision of this Agreement, State Street The Custodian may deposit and/or maintain securities owned by the Fund in (a) The Depository Trust Company, a (b) the Participants Trust Company, (c) any book-entry system as provided in Subpart O of Treasury Circular No. 300, 31 CFR 306, Subpart B of 31 CFR Part 350, or the book-entry regulations xx xxxxxxx xxxxxxxx xxxxxxxxxxlly in the form of Subpart O, or (d) any other domestic clearing agency registered with the Securities and Exchange Commission (the "CommissionSEC") under Section 17A of the Securities Exchange Act of 1934 ("Exchange Act")1934, as amended, which acts as a securities depository, depository and whose use the Fund has previously approved by Special Instructions (as that term is defined in any other clearing agency registered under Section 17A section 3.1(b)) (each of the Exchange Act and which has been authorized by the Fund's Board of Trustees, foregoing being referred to in the book-entry system authorized by the U.S. Department of the Treasury and certain federal agencies or in any other book entry system which the Commission has authorized for use by investment companies this Agreement as a securities depository by order, or interpretive or no-action letter, and which has been authorized by the Fund's Board of Trustees, collectively referred to herein as "Securities System(sSystem")", . Utilization of a Securities System shall be in accordance with applicable Federal Reserve Board and Commission SEC rules and regulations, if any, and subject to the following provisions: 0(i) Xxxxx Xxxxxx The Custodian may keep deposit and/or maintain securities of the Fund held hereunder in a Securities System System, provided that such securities are deposited represented in an account ("Account") of State Street the Custodian in the Securities System which shall not include any assets of State Street the Custodian other than assets held as a fiduciary, custodian custodian, or otherwise for customers; 2(ii) The records of State Street the Custodian with respect to securities of the Fund which are maintained in a Securities securities System shall identify by book entry those securities belonging to the Fund; 0(iii) Xxxxx Xxxxxx The Custodian shall pay for securities purchased for the account of the Fund only upon (iA) receipt of advice from the Securities System that such securities have been transferred to the Account, and (iiB) the making of an entry on the records of State Street the Custodian to reflect such payment and transfer for the account of the Fund. State Street The Custodian shall transfer securities sold for the account of the Fund only upon (i1) receipt of advice from the Securities System that payment for such securities has been transferred to the Account, and (ii2) the making of an entry on the records of State Street the Custodian to reflect such transfer and payment for the account of the Fund. Copies of all advices from the Securities System of transfers of securities for the account of the Fund shall identify the Fund, be maintained for the Fund by State Street the Custodian and be provided to the Fund at its request. State Street The Custodian shall furnish the Fund confirmation of each transfer to or from the account of the Fund in the form of a written advice or notice and shall furnish to the Fund copies of daily transaction sheets reflecting each day's transactions in the Securities System for the account of the Fund on the next business day; 0(iv) Xxxxx Xxxxxx The Custodian shall promptly provide the Fund with any report obtained by State Street the Custodian on the Securities System's accounting system, internal accounting control and procedures for safeguarding securities deposited in the Securities System. State Street ; and the Custodian shall promptly provide send to the Fund any report such reports on State Street's accounting system, its own systems of internal accounting control and procedures for safeguarding securities deposited with State Street which is reasonably requested by the Fund; 5) Anything to the contrary in this Agreement notwithstanding, State Street shall be liable to as the Fund for any claimmay reasonably request from time to time; and (v) Upon receipt of Special Instructions, loss, liability, damage or expense to the Fund, including attorney's fees, resulting from Custodian shall terminate the use of a Securities System by reason of any negligence, misfeasance or misconduct of State Street, its agents or any of its or their employees or from failure of State Street or any such agent to enforce effectively such rights as it may have against a Securities System. At the election of the Fund, it shall be entitled to be subrogated to the rights of State Street or its agents with respect to any claim against the Securities System or any other person which State Street or its agents may have as a consequence of any such claim, loss, liability, damage or expense if and to the extent that Securities System on behalf of the Fund has not as promptly as practicable and shall take all actions reasonably practicable to safeguard the securities of the Fund that had been made whole for any maintained with such loss or damageSecurities System.

Deposit of Fund Assets in Securities Systems. Notwithstanding any other provision of this Agreement, State Street The Custodian may deposit and/or maintain securities owned by the Fund in (a) The Depository Trust Company, a (b) the Participants Trust Company, (c) any book-entry system as provided in Subpart O of Treasury Circular No. 300, 31 CFR 306, Subpart B of 31 CFR Part 350, or the book-entry xxxxxxxxxxx xx xxxxxxx xxxxxxxs substantially in the form of Subpart O, or (d) any other domestic clearing agency registered with the Securities and Exchange Commission (the "CommissionSEC") under Section 17A of the Securities Exchange Act of 1934 ("Exchange Act")1934, as amended, which acts as a securities depository, depository and whose use the Fund has previously approved by Special Instructions (as that term is defined in any other clearing agency registered under Section 17A section 3.1(b)) (each of the Exchange Act and which has been authorized by the Fund's Board of Trustees, foregoing being referred to in the book-entry system authorized by the U.S. Department of the Treasury and certain federal agencies or in any other book entry system which the Commission has authorized for use by investment companies this Agreement as a securities depository by order, or interpretive or no-action letter, and which has been authorized by the Fund's Board of Trustees, collectively referred to herein as "Securities System(sSystem")", . Utilization of a Securities System shall be in accordance with applicable Federal Reserve Board and Commission SEC rules and regulations, if any, and subject to the following provisions: 0(i) Xxxxx Xxxxxx The Custodian may keep deposit and/or maintain securities of the Fund held hereunder in a Securities System System, provided that such securities are deposited represented in an account ("Account") of State Street the Custodian in the Securities System which shall not include any assets of State Street the Custodian other than assets held as a fiduciary, custodian custodian, or otherwise for customers; 2(ii) The records of State Street the Custodian with respect to securities of the Fund which are maintained in a Securities securities System shall identify by book entry those securities belonging to the Fund; 0(iii) Xxxxx Xxxxxx The Custodian shall pay for securities purchased for the account of the Fund only upon (iA) receipt of advice from the Securities System that such securities have been transferred to the Account, and (iiB) the making of an entry on the records of State Street the Custodian to reflect such payment and transfer for the account of the Fund. State Street The Custodian shall transfer securities sold for the account of the Fund only upon (i1) receipt of advice from the Securities System that payment for such securities has been transferred to the Account, and (ii2) the making of an entry on the records of State Street the Custodian to reflect such transfer and payment for the account of the Fund. Copies of all advices from the Securities System of transfers of securities for the account of the Fund shall identify the Fund, be maintained for the Fund by State Street the Custodian and be provided to the Fund at its request. State Street The Custodian shall furnish the Fund confirmation of each transfer to or from the account of the Fund in the form of a written advice or notice and shall furnish to the Fund copies of daily transaction sheets reflecting each day's transactions in the Securities System for the account of the Fund on the next business day; 0(iv) Xxxxx Xxxxxx The Custodian shall promptly provide the Fund with any report obtained by State Street the Custodian on the Securities System's accounting system, internal accounting control and procedures for safeguarding securities deposited in the Securities System. State Street ; and the Custodian shall promptly provide send to the Fund any report such reports on State Street's accounting system, its own systems of internal accounting control and procedures for safeguarding securities deposited with State Street which is reasonably requested by the Fund; 5) Anything to the contrary in this Agreement notwithstanding, State Street shall be liable to as the Fund for any claimmay reasonably request from time to time; and (v) Upon receipt of Special Instructions, loss, liability, damage or expense to the Fund, including attorney's fees, resulting from Custodian shall terminate the use of a Securities System by reason of any negligence, misfeasance or misconduct of State Street, its agents or any of its or their employees or from failure of State Street or any such agent to enforce effectively such rights as it may have against a Securities System. At the election of the Fund, it shall be entitled to be subrogated to the rights of State Street or its agents with respect to any claim against the Securities System or any other person which State Street or its agents may have as a consequence of any such claim, loss, liability, damage or expense if and to the extent that Securities System on behalf of the Fund has not as promptly as practicable and shall take all actions reasonably practicable to safeguard the securities of the Fund that had been made whole for any maintained with such loss or damageSecurities System.