Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any party by an instrument in writing delivered or mailed, postage prepaid to the other parties, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that each Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing Documents, and further provided, that each Fund on behalf of one or more of the Portfolios may at any time by action of its Board (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any Portfolio, such Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 17 contracts
Samples: Master Custodian Contract (Aim Variable Insurance Funds (Invesco Variable Insurance Funds)), Master Custodian Contract (Aim Counselor Series Trust (Invesco Counselor Series Trust)), Master Custodian Contract (Invesco High Income 2024 Target Term Fund)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any party by an instrument in writing delivered or mailed, postage prepaid to the other parties, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that each Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s 's Governing Documents, and further provided, that each Fund on behalf of one or more of the Portfolios may at any time by action of its Board (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any Portfolio, such Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 14 contracts
Samples: Master Custodian Contract (Invesco Van Kampen Senior Loan Fund), Master Custodian (Aim Floating Rate Fund), Master Custodian Contract (Global Investment Portfolio)
Effective Period, Termination and Amendment. This Contract Agreement shall become effective as of its executionexecution and shall be applicable to each Portfolio listed on Appendix A on the date set forth therein, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty sixty (3060) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that each Fund no party shall not amend or terminate this Contract Agreement in contravention of any applicable federal or state regulationsregulations (except that the Custodian may terminate this Agreement even if a Fund or a Portfolio thereof does not have a successor custodian meeting the requirements of the 1940 Act), or any provision of the Fund’s such party's Governing Documents, and further provided, that each any Fund on behalf of one or more of the Portfolios may at any time by action of its Board (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract Agreement in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract Agreement with respect to any one particular Fund or Portfolio shall in no way affect the rights and duties under this Contract Agreement with respect to any other Funds Fund or PortfoliosPortfolio. Upon termination of the Contract with respect to any PortfolioAgreement, such the applicable Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements.
Appears in 8 contracts
Samples: Master Custodian Agreement (IXIS Advisor Funds Trust III), Master Custodian Agreement (IXIS Advisor Funds Trust IV), Master Custodian Agreement (IXIS Advisor Cash Management Trust)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; providedprovide, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees of the Fund has approved the initial use of a particular Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by the Fund of such PortfolioSecurities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees has approved the initial use of the Direct Paper System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfoliothe Fund of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsAgreement and Declaration of Trust, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 6 contracts
Samples: Custodian Contract (Blackrock Municipal Income Trust), Custodian Contract (Blackrock New York Municipal Income Trust), Custodian Contract (Blackrock 2012 Term Trust)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees of the Trust has approved the initial use of a particular Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by the Trust of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not act under Section 2.11A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfoliothe Trust of the Direct Paper System; provided further, however, that each Fund the Trust shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsDeclaration of Trust, and further provided, that each Fund on behalf of one or more of the Portfolios Trust may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such Fund on behalf of each applicable Portfolio the Trust shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements." Except as otherwise expressly amended and modified herein, the provisions of the Custodian Contract shall remain in full force and effect.
Appears in 5 contracts
Samples: MFS Series Trust Iv, MFS Growth Opportunities Fund, MFS Series Trust Ii
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty sixty (3060) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors/Trustees of the Fund has approved the initial use of a particular Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has reviewed the use by the Fund of such PortfolioSecurities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors/Trustees has approved the initial use of the Direct Paper System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has reviewed the use by such Portfoliothe Fund of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsArticles of Incorporation/Declaration of Trust, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Directors/Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 5 contracts
Samples: Custodian Contract (Prudential Utility Fund Inc), Custodian Contract (Prudential Moneymart Assets Inc), Custodian Contract (Blackrock Government Income Trust)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio the Fund act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees of the Fund has approved the initial use of a particular Securities System by such PortfolioFund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio Fund act under Section 2.11 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioFund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsDeclaration of Trust, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 5 contracts
Samples: Custodian Contract (New York Total Return Bond Portfolio), Custodian Contract (Diversified Portfolio), Custodian Contract (Tax Exempt Bond Portfolio)
Effective Period, Termination and Amendment. This Contract Agreement shall become effective remain in full force and effect for an initial 2-year term ending January 1, 2013 (the “Initial Term”). During the Initial Term, either party may terminate this Agreement: (i) in the event of the other party’s material breach of a material provision of this Agreement that the other party has either (a) failed to cure or (b) failed to establish a remedial plan to cure that is reasonably acceptable, within 60 days’ written notice of such breach, or (ii) in the event of the appointment of a conservator or receiver for the other party or upon the happening of a like event to the other party at the direction of an appropriate agency or court of competent jurisdiction. Upon termination of this Agreement pursuant to this paragraph with respect to any Fund or Portfolio, the applicable Fund shall pay Custodian its compensation due and shall reimburse Custodian for its costs, expenses and disbursements. In the event of: (i) any Fund's termination of this Agreement prior to the end of the Initial Term with respect to such Fund or its Portfolio(s) for any reason other than as set forth in the immediately preceding paragraph or (ii) a transaction not in the ordinary course of business pursuant to which the Custodian is not retained to continue providing services hereunder to a Fund or Portfolio (or its respective successor), the applicable Fund shall pay the Custodian its compensation due through the end of the Initial Term (based upon the average monthly compensation previously earned by Custodian with respect to such Fund or Portfolio) and shall reimburse the Custodian for its costs, expenses and disbursements. Upon receipt of such payment and reimbursement, the Custodian will deliver such Fund’s or Portfolio’s securities and cash as set forth hereinbelow. For the avoidance of doubt, no payment will be required pursuant to clause (ii) of this paragraph in the event of any transaction such as (a) the liquidation or dissolution of a fund or Portfolio and distribution of such Fund’s or Portfolio’s assets as a result of the Board’s determination in its reasonable business judgment that the Fund or Portfolio is no longer viable (b) a merger of a Fund or Portfolio into, or the consolidation of a Fund or Portfolio with, another entity, or (c) the sale by a Fund or Portfolio of all, or substantially all, of its executionassets to another entity, in each of (b) and (c) where the Custodian is retained to continue providing services to such Fund or Portfolio (or its respective successor) on substantially the same terms as this Agreement. After the expiration of the Initial Term, this Agreement shall continue in full force and effect until terminated as hereinafter provided. After the Initial Term, may be amended at any time by mutual agreement of the parties hereto and Agreement may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty ninety (3090) days after the date of such delivery or mailing; provided. Notwithstanding the foregoing, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that each Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing Documents, and further provided, that each Fund on behalf of one or more of the Portfolios Agreement may be terminated at any time by action of its Board (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event upon mutual written agreement of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdictionparties hereto. Termination of this Contract Agreement with respect to any one particular Fund or Portfolio shall in no way affect the rights and duties under this Contract Agreement with respect to any other Funds Fund or PortfoliosPortfolio. Upon The provisions of Sections 4.11, 16 and 17 of this Agreement shall survive termination of the Contract with respect to this Agreement for any Portfolio, such Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as reason. This Agreement may be due as amended at any time in writing by mutual agreement of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursementsparties hereto.
Appears in 5 contracts
Samples: Master Custodian Agreement (PPM Funds), Master Custodian Agreement (JNL Investors Series Trust), Master Custodian Agreement (JNL Variable Fund LLC)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsDeclaration of Trust, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 4 contracts
Samples: Custodian Contract (State Street Research Capital Trust), Custodian Contract (State Street Research Exchange Trust), State Street Research Growth Trust
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board has of Trustees of the Trust have approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.12A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, (a) that each Fund the Trust shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsDeclaration of Trust, and further provided, (b) that each Fund the Trust on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such Fund the Trust on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 4 contracts
Samples: Form of Custodian Contract (MFS Variable Insurance Trust), MFS Institutional Trust, MFS Series Trust V
Effective Period, Termination and Amendment. This Contract Agreement shall become effective as of its executionexecution and shall be applicable to each Portfolio listed on Appendix A on the date set forth therein, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty sixty (3060) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that each Fund no party shall not amend or terminate this Contract Agreement in contravention of any applicable federal or state regulationsregulations (except that the Custodian may terminate this Agreement even if a Fund or a Portfolio thereof does not have a successor custodian meeting the requirements of the 1940 Act), or any provision of the Fundsuch party’s Governing Documents, and further provided, that each any Fund on behalf of one or more of the Portfolios may at any time by action of its Board (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract Agreement in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract Agreement with respect to any one particular Fund or Portfolio shall in no way affect the rights and duties under this Contract Agreement with respect to any other Funds Fund or PortfoliosPortfolio. Upon termination of the Contract with respect to any PortfolioAgreement, such the applicable Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements.
Appears in 4 contracts
Samples: Master Custodian Agreement (Natixis ETF Trust II), Master Custodian Agreement (Natixis ETF Trust), Master Custodian Agreement (Gateway Trust)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees of the Trust has approved the initial use of a particular Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by the Trust of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not act under Section 2.11.A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfoliothe Trust of the Direct Paper System; provided further, however, that each Fund the Trust shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsDeclaration of Trust, and further provided, (b) that each Fund on behalf of one or more of the Portfolios Trust may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such Fund on behalf of each applicable Portfolio the Trust shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 3 contracts
Samples: Custodian Contract (MFS Series Trust Viii), MFS Series Trust Ii, MFS Series Trust Vii
Effective Period, Termination and Amendment. This Contract Agreement shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty sixty (3060) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 2.9 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that each Fund the Trust shall not amend or terminate this Contract Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsTrust's Declaration of Trust, and further provided, that each Fund the Trust on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract Agreement in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioAgreement, such Fund the Trust on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements.
Appears in 3 contracts
Samples: Custodian Agreement (American Beacon Select Funds), Custodian Agreement (American Aadvantage Mileage Funds), Custodian Agreement (American Select Funds)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors of the Fund has approved the initial use of a particular Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by the Fund of such PortfolioSecurities System, as required in each case by Rule 17f-4 under the 1940 Act Investment Company Act, as amended, and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors has approved the initial use of the Direct Paper System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfoliothe Fund of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing Documents, Articles of Incorporation and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 3 contracts
Samples: Custodian Contract Between (Central Asset Fund Inc), Custodian Contract (Lernoult Investment Fund Inc), Custodian Contract (Central Investment Fund Inc)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.12A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsDeclaration of Trust, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 2 contracts
Samples: Custodian Contract (Steinroe Variable Investment Trust), Custodian Contract (Gabelli Money Market Funds)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty sixty (3060) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors/Trustees of the Fund has approved the initial use of a particular Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has reviewed the use by the Fund of such PortfolioSecurities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.1OA hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors/Trustees has approved the initial use of the Direct Paper System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has reviewed the use by such Portfoliothe Fund of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsArticles of Incorporation/Declaration of Trust, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Directors/Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 2 contracts
Samples: Custodian Contract (Prudential Small Cap Quantitative Fund Inc), Custodian Contract (Prudential Multi Sector Fund Inc)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended, and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsDeclaration of Trust, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 2 contracts
Samples: Custodian Contract (JPM Institutional Funds), Custodian Contract (JPM Pierpont Funds)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty sixty (3060) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors/Trustees of the Fund has approved the initial use of a particular Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has reviewed the use by the Fund of such PortfolioSecurities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of -30- 32 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors/Trustees has approved the initial use of the Direct Paper System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has reviewed the use by such Portfoliothe Fund of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsArticles of Incorporation/Declaration of Trust, and further further, provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Directors/Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 2 contracts
Samples: Custodian Contract (Target Funds), Custodian Contract (Target Funds)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsDeclaration of Trust, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements. Termination of this Contract with respect to any given Portfolio shall in no way affect the continued validity of this Contract or the performance thereunder with respect to any other Portfolio.
Appears in 2 contracts
Samples: Custodian Contract (Rs Investment Trust), Custodian Agreement (Rs Investment Trust)
Effective Period, Termination and Amendment. This Contract Agreement shall become effective as of its execution, execution and shall continue in full force and effect until terminated as hereinafter provided, . The parties may be amended mutually agree to amend this Agreement at any time by mutual agreement of the parties hereto and time. Either party may be terminated with respect to any party terminate this Agreement by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such the termination to take effect not sooner than thirty sixty (3060) days after the date of such delivery or mailing; provided, however however, that the Custodian Wachovia shall not with respect to a Portfolio act under Section 2.10 hereof Paragraph 16 in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of the Fund has approved the initial use of a particular Securities Depository or Book-Entry System by such Portfolio, as required by Rule 17f-4 under and the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.11 hereof in the absence of receipt of an initial annual certificate of the Secretary or an Assistant Secretary that the applicable Board has approved reviewed the initial Fund's use of the Direct Paper System by such Portfolio; Securities Depository and/or Book-Entry System, as Rule 17f-4 under the 1940 Act requires, nor shall Wachovia act under Paragraph 8 in the absence of receipt of a certificate from the Fund's secretary containing the resolution of the Board regarding the Board's determination that it is reasonable to rely on Wachovia to perform the responsibilities delegated pursuant to this Agreement to Wachovia as Foreign Custody Manager of the Fund, provided further, however, that each the Fund shall not amend or terminate this Contract Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsArticles of Incorporation, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board (i) substitute another bank or trust company for the Custodian Wachovia by giving notice as described above to the Custodian, Wachovia or (ii) immediately terminate this Contract Agreement in the event the Comptroller of the appointment of Currency appoints a conservator or receiver for the Custodian by the Comptroller of the Currency Wachovia or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioAgreement, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such Wachovia all compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian Wachovia for its costs, expenses and disbursements.
Appears in 2 contracts
Samples: Wachovia Bank National Association Fund Custody Agreement (Tortoise North American Energy Corp), Agreement (Tortoise North American Energy Corp)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsDeclaration of Trust, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. 32 Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary Clerk or an Assistant Secretary Clerk that the applicable Board of Trustees of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Clerk or an Assistant Clerk that the Board of Trustees has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.10A hereof in the absence of receipt of an initial certificate of the Secretary Clerk or an Assistant Secretary Clerk that the applicable Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Clerk or an Assistant Clerk that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided further, further however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state law or regulations, or any provision of the Declaration of Trust or By-laws of the Fund’s Governing Documents, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursementsdisbursements pursuant to this Contract.
Appears in 1 contract
Samples: Custodian Contract (Mentor Funds)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees of the Trust has approved the initial use of a particular Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by the Trust of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not act under Section 2.11.A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfoliothe Trust of the Direct Paper System; provided further, however, that each Fund the Trust shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsDeclaration of Trust, and further provided, that each Fund on behalf of one or more of the Portfolios Trust may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such Fund on behalf of each applicable Portfolio the Trust shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements." Except as otherwise expressly amended and modified herein, the provisions of the Custodian Contract shall remain in full force and effect.
Appears in 1 contract
Samples: MFS Series Trust Vii
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that each Fund the Trust shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsDeclaration of Trust, and further provided, that each Fund the Trust on behalf of one or more of the Portfolios may at any time by action of its Board (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such Fund the Trust on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsArticles of Incorporation, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Custodian Contract (Alliance Variable Products Series Fund Inc)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the board of Trustees has reviewed the use such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsDeclaration of Trust, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees, (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Keystone World Bond Fund
Effective Period, Termination and Amendment. 14.1. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsArticles of Incorporation, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsDeclaration of Trust, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses expenses, and disbursements.
Appears in 1 contract
Samples: Janus Aspen Series
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty sixty (3060) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors/Trustees of the Fund has approved the initial use of a particular Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has reviewed the use by the Fund of such PortfolioSecurities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.l0A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors/Trustees has approved the initial use of the Direct Paper System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has reviewed the use by such Portfoliothe Fund of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsArticles of Incorporation/Declaration of Trust, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Directors/Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board has of Trustees of the Trust have approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.12A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, (a) that each Fund the Trust shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsDeclaration of Trust, and further provided, (b) that each Fund the Trust on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or PortfoliosJurisdiction. Upon termination of the Contract with respect to any PortfolioContract, such Fund the Trust on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Custodian Contract (Landmark Tax Free Income Funds)
Effective Period, Termination and Amendment. 14.1 This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsDeclaration of Trust, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract Agreement shall become effective as of its execution, the date first listed above and shall continue in full force and effect until terminated as hereinafter provided, . The parties may be amended mutually agree to amend this Agreement at any time by mutual agreement of the parties hereto and time. Either party may be terminated with respect to any party terminate this Agreement by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such the termination to take effect not sooner than thirty sixty (3060) days after the date of such delivery or mailing; provided, however however, that the Custodian Wachovia shall not with respect to a Portfolio act under Section 2.10 hereof Paragraph 19 in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of the Fund has approved the initial use of a particular Securities Depository or Book-Entry System by such Portfolio, as required by Rule 17f-4 under and the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.11 hereof in the absence of receipt of an initial annual certificate of the Secretary or an Assistant Secretary that the applicable Board has approved reviewed the initial Fund's use of the Direct Paper System by such Portfolio; Securities Depository and/or Book-Entry System, as Rule 17f-4 under the 1940 Act requires, nor shall Wachovia act under Paragraph 8 in the absence of receipt of a certificate from the Fund's secretary containing the resolution of the Board regarding the Board's determination that it is reasonable to rely on Wachovia to perform the responsibilities delegated pursuant to this Agreement to Wachovia as Foreign Custody Manager of the Fund, provided further, however, that each the Fund shall not amend or terminate this Contract Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsAgreement and Declaration of Trust, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board (i) substitute another bank or trust company for the Custodian Wachovia by giving notice as described above to the Custodian, Wachovia or (ii) immediately terminate this Contract Agreement in the event the Comptroller of the appointment of Currency appoints a conservator or receiver for the Custodian by the Comptroller of the Currency Wachovia or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioAgreement, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such Wachovia all compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian Wachovia for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 ~.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees of the Fund has approved the initial use of a particular Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by the Fund of such PortfolioSecurities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.12A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees has approved the initial use of the Direct Paper System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfoliothe Fund of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsDeclaration of Trust, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered 32 or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty sixty (3060) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors/Trustees of the Fund has approved the initial use of a particular Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has reviewed the use by the Fund of such PortfolioSecurities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors/Trustees has approved the initial use of the Direct Paper System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has reviewed the use by such Portfoliothe Fund of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsArticles of Incorporation/Declaration of Trust, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Directors/Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its 33 costs, expenses and disbursements.
Appears in 1 contract
Samples: Target Portfolio Trust
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, Agreement shall continue in full force and effect until terminated as hereinafter providedfor an initial period of three months (the “Initial Period”). After the Initial Period, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect extend the Agreement on a month-to-month basis, as the Managing Member determines necessary or appropriate. The Managing Member or the Custodian may terminate this Agreement for any reason upon not less than 30 days’ prior written notice to any each other party hereto; provided that no termination of this Agreement by an instrument in writing delivered or mailed, postage prepaid to the other parties, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect be effective until the Managing Member shall have appointed a successor Xxxxxxxxx and such successor has agreed in writing to act as the successor Xxxxxxxxx. In the event that a Portfolio act under successor custodian is appointed pursuant to this Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board has approved the initial use of a particular Securities System by such Portfolio13, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not cooperate with respect to a Portfolio act under Section 2.11 hereof the Managing Member, the Borrower and any successor custodian in the absence of receipt of making an initial certificate orderly transfer of the Secretary or an Assistant Secretary that the applicable Board has approved the initial use duties of the Direct Paper System by such Portfolio; provided further, however, that each Fund shall Custodian for a period of not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision less than 180 days following the effective date of the Fund’s Governing Documentstermination of this Agreement. If the Managing Member shall fail to appoint a successor Custodian or such successor has not accepted its appointment within 90 days after notice of termination from the Custodian, and further provided, that each Fund on behalf then the Custodian may petition any court of one or more competent jurisdiction for the appointment of the Portfolios a successor Xxxxxxxxx. The Managing Member may at any time by action of its Board (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract Agreement in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to Notwithstanding the foregoing, the Managing Member may terminate the Agreement at any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to time for any other Funds or Portfoliosreason. Upon termination of this Agreement, the Contract with respect to any Portfolio, such Fund on behalf of each applicable Portfolio Borrower shall pay and reimburse to the Custodian all Fees, Costs and Expenses and indemnities to the extent incurred or arising, or relating to events occurring, before the termination of this Agreement when cash is available in the Investment Account to pay such compensation Fees or Costs and Expenses (in both cases, as may be due as of provided in the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursementsFee Letter) or indemnities.
Appears in 1 contract
Samples: Custodian Agreement
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty ninety (3090) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board has of Trustees of the Fund llas approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.12A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, that each Fund neither party shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsDeclaration of Trust, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees of the Trust have approved the initial use of a particular Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved reviewed the use by the Trust of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not act under Section 2.11A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approced the initial use of the Direct Paper System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfoliothe Trust of the Direct Paper System; provided further, however, that each Fund the Trust shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsDeclaration of Trust, and further provided, (b) that each Fund on behalf of one or more of the Portfolios Trust may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, Custodian or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such Fund on behalf of each applicable Portfolio the Trust shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: MFS Series Trust I
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.12A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsDeclaration of Trust, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i1) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty ninety (3090) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule Rules 17f-4 and 17f-5 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsArticles of Incorporation, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Aim Growth Series
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.12A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors has approved the initial Initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision provision. of the Fund’s Governing DocumentsArticles of Incorporation, and further provided, that each the Fund on behalf of one or more of the Portfolios may at at-any time by action of its Board of Directors (iI) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of 'the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Custodian Contract (Alliance Municipal Income Fund Inc)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as, amended and that the Custodian shall not with respect to a a, Portfolio act under Section 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees has approved the initial use ,of the Direct Paper System by such PortfolioPortfolio and the receipt of an ;annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsDeclaration of Trust, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Variable Investors Series Trust /Ma/
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.12A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsArticles of Incorporation, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Custodian Contract (Acm Institutional Reserves Inc)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto hereto, and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid prepaid, to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio Fund act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees of the Trust has approved the initial use of a particular Securities System by such PortfolioFund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio Fund act under Section 2.11 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioFund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund of the Direct Paper System; provided further, however, that each Fund the Trust shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsDeclaration of Trust, and further provided, that each Fund the Trust on behalf of one or more of the Portfolios Funds may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such Fund the Trust on behalf of each applicable Portfolio Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Custodian Contract (Harris Associates Investment Trust)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty ninety (3090) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule Rules 17f-4 and 17f-5 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsArticles of Incorporation, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Aim Investment Funds
Effective Period, Termination and Amendment. This Contract Agreement shall become effective as of its execution, the date first listed above and shall continue in full force and effect until terminated as hereinafter provided, . The parties may be amended mutually agree to amend this Agreement at any time by mutual agreement of the parties hereto and time. Either party may be terminated with respect to any party terminate this Agreement by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such the termination to take effect not sooner than thirty sixty (3060) days after the date of such delivery or mailing; provided, however however, that the Custodian Wachovia shall not with respect to a Portfolio act under Section 2.10 hereof Paragraph 19 in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of the Fund has approved the initial use of a particular Securities Depository or Book-Entry System by such Portfolio, as required by Rule 17f-4 under and the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.11 hereof in the absence of receipt of an initial annual certificate of the Secretary or an Assistant Secretary that the applicable Board has approved reviewed the initial Fund’s use of the Direct Paper System by such Portfolio; Securities Depository and/or Book-Entry System, as Rule 17f-4 under the 1940 Act requires, nor shall Wachovia act under Paragraph 8 in the absence of receipt of a certificate from the Fund’s secretary containing the resolution of the Board regarding the Board’s determination that it is reasonable to rely on Wachovia to perform the responsibilities delegated pursuant to this Agreement to Wachovia as Foreign Custody Manager of the Fund, provided further, however, that each the Fund shall not amend or terminate this Contract Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsAgreement and Declaration of Trust, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board (i) substitute another bank or trust company for the Custodian Wachovia by giving notice as described above to the Custodian, Wachovia or (ii) immediately terminate this Contract Agreement in the event the Comptroller of the appointment of Currency appoints a conservator or receiver for the Custodian by the Comptroller of the Currency Wachovia or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioAgreement, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such Wachovia all compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian Wachovia for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Mutual Fund Custody Agreement (Old Mutual Advisor Funds)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt 30 of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsDeclaration of Trust, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Anchor Series Trust
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty sixty (3060) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors/Trustees of the Fund has approved the initial use of a particular Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has reviewed the use by the Fund of such PortfolioSecurities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended, and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors/Trustees has approved the initial use of the Direct Paper System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has reviewed the use by such Portfoliothe Fund of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsArticles of Incorporation/Declaration of Trust; and further, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Directors/Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Custodian Contract (Prudential High Yield Fund Inc)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of to the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however however, that the Custodian shall not with respect to a Portfolio act under Section 2.10 II.L. hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors of the Fund has approved the initial use of a particular Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by the Fund of such PortfolioSecurities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 II.L.1 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors has approved the initial use of the Direct Paper System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfoliothe Fund of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsDeclaration of Trust, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency Currency, the Federal Deposit Insurance Corporation or the Commissioner of Banks for the Commonwealth of Massachusetts or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees of the Trust has approved the initial use of a particular Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use the Trust of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not act under Section 2.11.A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfoliothe Trust of the Direct Paper System; provided further, however, that each Fund the Trust shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsDeclaration of Trust, and further provided, (b) that each Fund on behalf of one or more of the Portfolios Trust may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such Fund on behalf of each applicable Portfolio the Trust shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: MFS Series Trust Vi
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, Agreement shall continue in full force and effect until terminated as hereinafter providedfor an initial period of three months (the “Initial Period”). After the Initial Period, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect extend the Agreement on a month-to-month basis, as the Managing Member determines necessary or appropriate. The Managing Member or the Custodian may terminate this Agreement for any reason upon not less than 30 days’ prior written notice to any each other party hereto; provided that no termination of this Agreement by an instrument in writing delivered or mailed, postage prepaid to the other parties, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect be effective until the Managing Member shall have appointed a successor Custodian and such successor has agreed in writing to act as the successor Custodian. In the event that a Portfolio act under successor custodian is appointed pursuant to this Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board has approved the initial use of a particular Securities System by such Portfolio13, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not cooperate with respect to a Portfolio act under Section 2.11 hereof the Managing Member, the Borrower and any successor custodian in the absence of receipt of making an initial certificate orderly transfer of the Secretary or an Assistant Secretary that the applicable Board has approved the initial use duties of the Direct Paper System by such Portfolio; provided further, however, that each Fund shall Custodian for a period of not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision less than 180 days following the effective date of the Fund’s Governing Documentstermination of this Agreement. If the Managing Member shall fail to appoint a successor Custodian or such successor has not accepted its appointment within 90 days after notice of termination from the Custodian, and further provided, that each Fund on behalf then the Custodian may petition any court of one or more competent jurisdiction for the appointment of the Portfolios a successor Custodian. The Managing Member may at any time by action of its Board (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract Agreement in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to Notwithstanding the foregoing, the Managing Member may terminate the Agreement at any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to time for any other Funds or Portfoliosreason. Upon termination of this Agreement, the Contract with respect to any Portfolio, such Fund on behalf of each applicable Portfolio Borrower shall pay and reimburse to the Custodian all Fees, Costs and Expenses and indemnities to the extent incurred or arising, or relating to events occurring, before the termination of this Agreement when cash is available in the Investment Account to pay such compensation Fees or Costs and Expenses (in both cases, as may be due as of provided in the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursementsFee Letter) or indemnities.
Appears in 1 contract
Samples: Custodian Agreement
Effective Period, Termination and Amendment. 14.1 This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsArticles of Incorporation, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.lOA hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsDeclaration of Trust, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Prudential Institutional Fund
Effective Period, Termination and Amendment. This Contract shall become effective as of the date of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Investment Company Act and that the Custodian shall not with respect to a Portfolio act under Section 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing Documents's Articles of Incorporation, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its the Board (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, Custodian or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Custodian Contract (Invesco Advantage Series Funds Inc)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty ninety (3090) days after the date of such delivery or mailing; provided, however however, that the Custodian shall not with respect to a Portfolio act under Section 2.10 2.8 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees of the Trust has approved the initial use of a particular Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by the Trust of such PortfolioSecurities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.9 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees has approved the initial use of the Direct Paper System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfoliothe Trust of the Direct Paper System; provided further, however, that each Fund the Trust shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsDeclaration of Trust, and further provided, that each Fund on behalf of one or more of the Portfolios Trust may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such Fund on behalf of each applicable Portfolio the Trust shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable out of pocket, costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid prepared to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees of the Trust have approved the initial use of a particular Securities System by such Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.12A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, (a) that each Fund the Trust shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsDeclaration of Trust, and further provided, (b) that each Fund the Trust on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such Fund the Trust on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian Custodia n for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to by any party by an instrument in writing delivered or mailed, postage prepaid to the other parties, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian Subcustodian shall not with respect to a Portfolio act for any Fund under Section 2.10 2.7 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary of such Fund that the applicable Board of Directors of such Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Investment Company Act and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.13 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary of such Fund that the applicable its Board of Directors has approved the initial use of the Direct Paper System by such PortfolioSystem; provided furtherPROVIDED FURTHER, however, that each Fund a Funds shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing Documentsits Articles of Incorporation, and further provided, that each Fund on behalf of one or more of the Portfolios Funds may at any time by action of its Board (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) their respective Boards of Directors immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian Subcustodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination This Contract may be terminated as to one or more Funds (but less than all Funds) by delivery of an amended Schedule A pursuant to this Article 9. The execution and delivery of an amended Schedule A which deleted one or more Funds shall constitute a termination of this Contract only with respect to any particular Portfolio such deleted Fund(s) but shall in no way not affect the rights and duties under this Contract with respect to any other Fund. In addition, this Contract shall terminate with respect to a Fund upon the effective date of the termination of such Fund's agreement with its Custodian by which such Custodian ceases to serve as the Custodian for the securities, cash and other assets of the Fund. Schedule A listing the Funds which are parties hereto may be amended from time to time to add or Portfoliosdelete one or more Funds, by the Fund's delivery of an amended Schedule A to the Custodian and the Subcustodian. Upon termination of this Contract, the Contract with respect to any Portfolio, such Fund on behalf of each applicable Portfolio Funds shall pay to the Custodian Subcustodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian Subcustodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the board of Trustees has reviewed the use such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsDeclaration of Trust, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees, (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Custodian Contract (One Group)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall Shall not with respect to a Portfolio act under Section 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors of the Fund has approved the initial use of a particular Securities System by such Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule l7f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Directors has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of -32- Directors has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Articles of Incorporation, as amended, of the Fund’s Governing Documents, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Custodian Contract (Permanent Portfolio Family of Funds Inc)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Governing DocumentsDeclaration of Trust, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any by either party by an instrument in writing delivered or mailed, postage prepaid to the other partiesparty, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the applicable Board of Directors has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, that each the Fund shall not amend or terminate this Contract in contravention of any applicable federal or state -39- 43 regulations, or any provision of the Fund’s Governing DocumentsArticles of Incorporation, and further provided, that each the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Contract with respect to any particular Portfolio shall in no way affect the rights and duties under this Contract with respect to any other Funds or Portfolios. Upon termination of the Contract with respect to any PortfolioContract, such the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Gabelli Investor Funds Inc