DUTIES OF THE CUSTODIAN. WITH RESPECT TO PROPERTY OF THE FUND HELD BY THE CUSTODIAN IN THE UNITED STATES
DUTIES OF THE CUSTODIAN. The Custodian shall accept such Financing Documents, if any, with respect to Loans as may be delivered to it from time to time by the Fund. The Custodian shall be under no obligation to examine the contents or determine the sufficiency of any such Financing Documents or to provide any certification with respect thereto, whether received by the Custodian as original documents, photocopies, by facsimile or otherwise. Without limiting the foregoing, the Custodian is under no duty to examine any such Financing Documents to determine whether necessary steps have been taken or requirements met with respect to the assignment or transfer of the related Loan or applicable interest or participation in such Loan. The Custodian shall be entitled to assume the genuineness, sufficiency and completeness of any Financing Documents received, and the genuineness and due authority of any signature appearing on such documents. Notwithstanding any term of this Agreement to the contrary, with respect to any Loans, (i) the Custodian shall be under no obligation to determine, and shall have no liability for, the sufficiency of, or to require delivery of, any instrument, document or agreement constituting, evidencing or representing such Loan, other than to receive such Financing Documents, if any, as may be delivered or caused to be delivered to it by the Fund (or its investment manager acting on its behalf), (ii) without limiting the generality of the foregoing, delivery of any such Loan (including without limitation, for purposes of Section 2.6 above) may be made to the Custodian by, and may be represented solely by, delivery to the Custodian of a facsimile or photocopy of an assignment agreement (an “Assignment Agreement”) or a confirmation or certification from the Fund (or the investment manager) to the effect that it has acquired such Loan and/or has received or will receive, and will deliver to the Custodian, appropriate Financing Documents constituting, evidencing or representing such Loan (such confirmation or certification, together with any Assignment Agreement, collectively, an “Assignment Agreement or Confirmation”), in any case without delivery of any promissory note, participation certificate or similar instrument (collectively, an “Instrument”), (iii) if an original Instrument shall be or shall become available with respect to any such Loan, it shall be the sole responsibility of the Fund (or the investment manager acting on its behalf) to make or cause delivery t...
DUTIES OF THE CUSTODIAN. WITH RESPECT TO PROPERTY OF THE PORTFOLIOS TO BE HELD IN THE UNITED STATES
DUTIES OF THE CUSTODIAN with Respect to Property of the Portfolios to be Held Outside the United States
DUTIES OF THE CUSTODIAN with Respect to Property of the Fund Held By -------------------------------------------------------------------- the Custodian in the United States ----------------------------------
DUTIES OF THE CUSTODIAN with Respect to Property of the Portfolios to be Held in the United States.
DUTIES OF THE CUSTODIAN with Respect to Property of The Fund Held By the Custodian in the United States.
DUTIES OF THE CUSTODIAN. 4.1 The Custodian will exercise all reasonable care in the performance of the Services and its other duties under this Schedule.
4.2 The only duties of the Custodian shall be to perform the Services and its other duties set out in this Schedule in accordance with the terms of this Schedule. The Custodian and/or any of its Affiliates shall not accept responsibilities more extensive than those set out in this Schedule, save to the extent the Custodian agrees to enter into further documentation with the Client in relation to any additional duties or functions which the Client wishes the Custodian to perform on its behalf (“Additional Services”).
4.3 The Custodian does not hold itself out as providing a service of buying and selling securities or contractually based investments.
4.4 Where the Custodian agrees to execute an order pursuant to an Instruction, the Custodian may aggregate orders for the Client with those orders of other customers and of its employees and of associates of the Custodian and their employees. By aggregating a customer’s orders with those of other customers the Custodian must reasonably believe that it is unlikely that the aggregation would work overall to the disadvantage of those customers. However, the effect of the aggregation may operate on some occasions to the Client’s disadvantage in relation to a particular Instruction.
4.5 To enable the Custodian to assume and continue to carry out its duties under this Schedule, the Client agrees to complete such transfers, mandates or other documents and do such acts and things as shall be within its power from time to time required by the Custodian to bring the Property under its control and deal with it as custodian at the commencement of or at any time during the term of this Schedule provided that the Custodian may, in its absolute discretion, decline to accept (in whole or in part) any Instruction to hold Property.
4.6 The Custodian is entitled to take any action or to refuse to take any action which the Custodian, in its absolute discretion, regards as necessary for the Custodian to comply with the Rules. The Client agrees when instructing the Custodian to adhere to the Rules as required by the Custodian to enable the Custodian to fulfil the obligations imposed on the Custodian by the Rules.
4.7 The Custodian is not acting under this Schedule as manager or investment adviser to the Client, and responsibility for decisions related to the selection, acquisition and disposal of the Proper...
DUTIES OF THE CUSTODIAN. WITH RESPECT TO PROPERTY OF THE PORTFOLIOS HELD OUTSIDE THE UNITED STATES.
