Common use of Direction Clause in Contracts

Direction. Whenever there are voluntary rights that may be exercised or alternate courses of action that may be taken by reason of the Fund’s ownership of Securities, the Fund or its designee shall be responsible for making any decisions relating thereto and for directing the Custodian to act. In order for the Custodian to act, it must receive Instructions using the Custodian generated form or clearly marked as instructions for the decision at the Custodian’s offices addressed as the Custodian may from time to time request, by such time as the Custodian shall advise the Fund or its designee. Absent the Custodian’s receipt of such Instructions by such deadline, the Custodian shall not be liable for failure to take any action relating to or to exercise any rights conferred by such Securities.

Appears in 92 contracts

Samples: Custody Agreement (PowerShares Exchange-Traded Self-Indexed Fund Trust), Custody Agreement (Dreyfus Alcentra Global Credit Income 2024 Target Term Fund, Inc.), Custody Agreement (PowerShares Exchange-Traded Fund Trust II)

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Direction. Whenever there are voluntary rights that may be exercised or alternate courses of action that may be taken by reason of the Fund’s ownership of Securities, the Fund or its designee shall be responsible for making any decisions relating thereto and for directing the Custodian to act. In order for the Custodian to act, it must receive Instructions using the Custodian generated form or clearly marked as instructions for the decision at the Custodian’s offices addressed as the Custodian may from time to time request, by such time as the Custodian shall advise the Fund or its designee. Absent If the Custodian’s receipt of Custodian does not receive such Instructions by such deadline, the Custodian shall not be liable for failure to take any action relating to or to exercise any rights conferred by such Securities.

Appears in 15 contracts

Samples: Custody Agreement (Simplify Exchange Traded Funds), Custody Agreement (Forum Funds), Custody Agreement (Great-West Funds Inc)

Direction. Whenever there are voluntary rights that may be exercised or alternate courses of action that may be taken by reason of the a Fund’s ownership of Securities, the Fund or its designee shall be responsible for making any decisions relating thereto and for directing the Custodian to act. In order for the Custodian to act, it must receive Instructions using the Custodian generated form or clearly marked as instructions for the decision at the Custodian’s offices addressed as the Custodian may from time to time reasonably request, by such time as the Custodian shall reasonably advise the Fund or its designee. Absent If the Custodian’s receipt of Custodian does not receive such Instructions by such deadline, the Custodian shall not be liable for failure to take any action relating to or to exercise any rights conferred by such Securities.

Appears in 11 contracts

Samples: Custody Agreement (Highland Funds Ii), Custody Agreement (Highland Funds I), Custody Agreement (NexPoint Strategic Opportunities Fund)

Direction. Whenever there are voluntary rights that may be exercised or alternate courses of action that may be taken by reason of the Fund’s ownership of Securities, the Fund or its designee shall be responsible for making any decisions relating thereto and for directing the Custodian to act. In order for the Custodian to act, it must receive Instructions using the Custodian generated form or clearly marked as instructions for the decision at the Custodian’s offices addressed as the Custodian may from time to time requestrequest in writing, by such reasonable time as the Custodian shall advise the Fund or its designeedesignee in advance. Absent If the Custodian’s receipt of Custodian does not receive such Instructions by such deadline, the Custodian shall not be liable for failure to take any action relating to or to exercise any rights conferred by such Securities.

Appears in 7 contracts

Samples: Custody Agreement (AMG Pantheon Credit Solutions Fund), Custody Agreement (AMG Funds IV), Custody Agreement (AMG Funds II)

Direction. Whenever there are voluntary rights that may be exercised or alternate courses of action that may be taken by reason of the a Fund’s ownership of Securities, the Fund or its designee shall be responsible for making any decisions relating thereto and for directing the Custodian to act. In order for the Custodian to act, it must receive Instructions using the Custodian generated form or clearly marked as instructions for the decision at the Custodian’s offices addressed as the Custodian may from time to time request, by such time as the Custodian shall advise the Fund or its designee. Absent If the Custodian’s receipt of Custodian does not receive such Instructions by such deadline, the Custodian shall not be liable responsible for failure to take any action relating to or to exercise any rights conferred by such Securities.

Appears in 5 contracts

Samples: Custody Agreement (Aim Investment Securities Funds (Invesco Investment Securities Funds)), Custody Agreement (Aim Variable Insurance Funds (Invesco Variable Insurance Funds)), Custody Agreement (Invesco Management Trust)

Direction. Whenever there are voluntary rights that may be exercised or alternate courses of action that may be taken by reason of the Fund’s ownership of Securities, the Fund or its designee shall be responsible for making any decisions relating thereto and for directing the Custodian to act. In order for the Custodian to act, it must receive Instructions using the Custodian generated form or clearly marked as instructions for the decision at the Custodian’s offices addressed as the Custodian may from time to time request, by such time as the Custodian shall advise reasonably request of the Fund or its designee. Absent If the Custodian’s receipt of Custodian does not receive such Instructions by such deadline, the Custodian shall not be liable for failure to take any action relating to or to exercise any rights conferred by such Securities.

Appears in 3 contracts

Samples: Custody Agreement (Oaktree Strategic Credit Fund), Custody Agreement (Oaktree Strategic Income II, Inc.), Custody Agreement (Oaktree Funds)

Direction. Whenever there are voluntary rights that may be exercised or alternate courses of action that may be taken by reason of the Fund’s 's ownership of Securities, the Fund or its designee shall be responsible for making any decisions relating thereto and for directing the Custodian to act. In order for the Custodian to act, it must receive Instructions using the Custodian generated form or clearly marked as instructions for the decision at the Custodian’s 's offices addressed as the Custodian may from time to time request, by such time as the Custodian shall advise the Fund or its designee. Absent If the Custodian’s receipt of Custodian does not receive such Instructions by such deadline, the Custodian shall not be liable for failure to take any action relating to or to exercise any rights conferred by such Securities.

Appears in 3 contracts

Samples: Custody Agreement (Aquila Municipal Trust), Custody Agreement (Aquila Funds Trust), Custody Agreement (Context Capital Funds)

Direction. Whenever there are voluntary rights that may be exercised or alternate courses of action that may be taken by reason of the a Fund’s ownership of Securities, the Fund or its designee shall be responsible for making any decisions relating thereto and for directing the Custodian to act. In order for the Custodian to act, it must receive Instructions using the Custodian generated form or clearly marked as instructions for the decision at the Custodian’s offices addressed as the Custodian may from time to time request, by such time as the Custodian shall advise the Fund or its designee. Absent If the Custodian’s receipt of Custodian does not receive such Instructions by such deadline, the Custodian shall not be liable for failure to take any action relating to or to exercise any rights conferred by such Securities.

Appears in 3 contracts

Samples: Custody Agreement (Northern Lights Fund Trust IV), Custody Agreement (Northern Lights Fund Trust IV), Custody Agreement (Two Roads Shared Trust)

Direction. Whenever there are voluntary rights that may be exercised or alternate courses of action that may be taken by reason of the Fund’s 's ownership of Securities, the Fund or its designee shall be responsible for making any decisions relating thereto and for directing the Custodian to act. In order for the Custodian to act, it must receive Instructions using the Custodian generated form or clearly marked as instructions for the decision at the Custodian’s 's offices addressed as the Custodian may from time to time request, by such reasonable time as the Custodian shall advise the Fund or its designeedesignee in advance. Absent If the Custodian’s receipt of Custodian does not receive such Instructions by such deadline, the Custodian shall not be liable for failure to take any action relating to or to exercise any rights conferred by such Securities.

Appears in 2 contracts

Samples: Custody Agreement (Winton Diversified Opportunities Fund), Custody Agreement (Winton Diversified Opportunities Fund)

Direction. Whenever there are voluntary rights that may be exercised or alternate courses of action that may be taken by reason of the FundCustomer’s ownership of Securities, the Fund Customer or its designee shall be responsible for making any decisions relating thereto and for directing the Custodian to act. In order for the Custodian to act, it must receive Instructions using the Custodian generated form or clearly marked as instructions for the decision at the Custodian’s offices addressed as the Custodian may from time to time request, by such time as the Custodian shall advise the Fund Customer or its designee. Absent If the Custodian’s receipt of Custodian does not receive such Instructions by such deadline, the Custodian shall not be liable for failure to take any action relating to or to exercise any rights conferred by such Securities.

Appears in 2 contracts

Samples: Custody Agreement (1WS Credit Income Fund), Custody Agreement (Axonic Alternative Income Fund)

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Direction. Whenever there are voluntary rights that may be exercised or alternate courses of action that may be taken by reason of the FundClient’s ownership of Securities, the Fund Client or its designee shall be responsible for making any decisions relating thereto and for directing the Custodian to act. In order for the Custodian to act, it must receive Instructions using the Custodian generated form or clearly marked as instructions for the decision at the Custodian’s offices offices, addressed as the Custodian may from time to time request, by such time as the Custodian shall advise reasonably request of the Fund Client or its designee. Absent If the Custodian’s receipt of Custodian does not receive such Instructions by such deadline, the Custodian shall not be liable for failure to take any action relating to or to exercise any rights conferred by such Securities.

Appears in 1 contract

Samples: Custody Agreement (Oaktree Strategic Credit Fund)

Direction. Whenever there are voluntary rights that may be exercised or alternate courses of action that may be taken by reason of the Funda Trust’s ownership of Securities, the Fund Trust or its designee shall be responsible for making any decisions relating thereto and for directing the Custodian to act. In order for the Custodian to act, it must receive Instructions using the Custodian generated form or clearly marked as instructions for the decision at the Custodian’s offices addressed as the Custodian may from time to time request, by such time as the Custodian shall advise the Fund Trust or its designee. Absent If the Custodian’s receipt of Custodian does not receive such Instructions by such deadline, the Custodian shall not be liable responsible for failure to take any action relating to or to exercise any rights conferred by such Securities.

Appears in 1 contract

Samples: Custody Agreement (Invesco DB Commodity Index Tracking Fund)

Direction. Whenever there are voluntary rights that may be exercised or alternate courses of action that may be taken by reason of the FundClient’s ownership of Securitiessecurities, the Fund Client or its designee shall be responsible for making any decisions relating thereto and for directing the Custodian to act. In order for the Custodian to act, it must receive Authorized Instructions using the Custodian generated form or clearly marked as instructions for the decision at the Custodian’s offices addressed as the Custodian may from time to time request, by such time as the Custodian shall advise the Fund Client or its designee. Absent If the Custodian’s receipt of Custodian does not receive such Authorized Instructions by such deadline, the Custodian shall not be liable for failure to take any action relating to or to exercise any rights conferred by such Securitiessecurities.

Appears in 1 contract

Samples: Custody Agreement (Gabelli Nextshares Trust)

Direction. Whenever there are voluntary rights that may be exercised or alternate courses of action that may be taken by reason of the Fund’s ownership of Securities, the Fund or its designee shall be responsible for making any decisions relating thereto and for directing the Custodian to act. In order for the Custodian to act, it must receive Receive Instructions using the Custodian generated form or clearly marked as instructions for the decision at the Custodian’s offices addressed as the Custodian may from time to time request, by such time as the Custodian shall advise reasonably request of the Fund or its designee. Absent If the Custodian’s receipt of Custodian does not receive such Instructions by such deadline, the Custodian shall not be liable for failure to take any action relating to or to exercise any rights conferred by such Securities.

Appears in 1 contract

Samples: Custody Agreement (Oaktree Funds)

Direction. Whenever there are voluntary rights that may be exercised or alternate courses of action that may be taken by reason of the Fund’s ownership of Securities, the Fund or its designee shall be responsible for making any decisions relating thereto and for directing the Custodian to act. In order for the Custodian to act, it must receive Instructions using the Custodian generated form or clearly marked as instructions for the decision at the Custodian’s offices addressed as the Custodian may from time to time request, by such time as the Custodian shall reasonably advise the Fund or its designee. Absent If the Custodian’s receipt of Custodian does not receive such Instructions by such deadline, the Custodian shall not be liable for failure to take any action relating to or to exercise any rights conferred by such Securities.

Appears in 1 contract

Samples: Custody Agreement (Susa Registered Fund, L.L.C.)

Direction. Whenever there are voluntary rights that may be exercised or alternate courses of action that may be taken by reason of the Fund’s a Series’ ownership of Securities, the Fund or its designee shall be responsible for making any decisions relating thereto and for directing the Custodian to act. In order for the Custodian to act, it must receive Instructions using the Custodian generated form or clearly marked as instructions for the decision at the Custodian’s offices addressed as the Custodian may from time to time request, by such time as the Custodian shall advise the Fund or its designee. Absent If the Custodian’s receipt of Custodian does not receive such Instructions by such deadline, the Custodian shall not be liable for failure to take any action relating to or to exercise any rights conferred by such Securities.

Appears in 1 contract

Samples: Custody Agreement (Bridgeway Funds Inc)

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