Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer or trustee, for the purpose of exercise or sale, provided that the new securities, cash or other assets, if any, acquired as a result of such actions are to be delivered to the Custodian; and (b) deposit securities upon invitations for tenders thereof, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary action, unless otherwise directed to the contrary in Proper Instructions, to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownership, and shall promptly notify each applicable Fund of such action in writing by facsimile transmission or in such other manner as such Fund and the Custodian may agree in writing.
Appears in 168 contracts
Samples: Custodian Agreement (Variable Insurance Products Fund VI), Custodian Agreement (Fidelity Private Credit Fund), Custodian Agreement (Fidelity Greenwood Street Trust)
Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: shall (a) deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer either, warrants, puts, calls, futures contracts, options, rights or trustee, similar securities for the purpose of exercise being exercised or salesold, provided that the new securities, cash or other assetssecurities and cash, if any, acquired as a result of by such actions action are to be delivered to the Custodian; , and (b) deposit securities upon invitations for tenders thereofof securities, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary action, unless otherwise directed to the contrary in by Proper Instructions, to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, redemptions or similar rights of security ownershipownership of which the Custodian receives notice or otherwise becomes aware, and shall promptly notify each applicable the Fund of any such action in writing by facsimile transmission or in such other manner as such the Fund and the Custodian may agree in writing.
Appears in 37 contracts
Samples: Master Custodian Agreement (DWS Variable Series I), Master Custodian Agreement (DWS RREEF World Real Estate & Tactical Strategies Fund, Inc.), Custodian Agreement (DWS Advisor Funds)
Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) shall deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer either, warrants, puts, calls, rights or trusteesimilar securities, for the purpose of exercise being exercised or salesold, provided that the new securities, cash or other assetsProperty, if any, acquired as a result of by such actions are action is to be delivered to the Custodian; and (b) , and, upon receipt of Proper Instructions, to deposit securities upon invitations for tenders thereofof securities, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary commercially reasonable action, unless otherwise directed to the contrary in Proper Instructions, to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownershipownership of which the Custodian has actual knowledge, and shall promptly notify each applicable Fund of such action in writing by facsimile transmission or in such other manner as such Fund and the Custodian may agree in writing.
Appears in 34 contracts
Samples: Investment Management Agreement (BlackRock Multi-Sector Opportunities Trust II), Agreement Between State Street Bank and Trust Company and Investment Companies (Blackrock Muniyield New Jersey Fund, Inc.), Investment Management Agreement (BlackRock Fixed Income Value Opportunities II)
Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer or trustee, for the purpose of exercise or sale, provided that the new securities, cash or other assets, if any, acquired as a result of such actions are to be delivered to the Custodian; and (b) deposit securities upon invitations for tenders thereof, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities included in the Proper Instructions that are received in exchange for the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary action, unless otherwise action as directed to the contrary in Proper Instructions, Instructions to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownership, and shall promptly notify each applicable Fund the Trust or the Investment Adviser of such action in writing by facsimile transmission or in such other manner as such Fund and the Custodian Trust may agree designate in writing.
Appears in 8 contracts
Samples: Mutual Fund Custody Agreement (Victory Variable Insurance Funds), Mutual Fund Custody Agreement (Victory Institutional Funds), Mutual Fund Custody Agreement (Victory Portfolios)
Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer or trustee, for the purpose of exercise or sale, provided that the new securities, cash or other assets, if any, acquired as a result of such actions are to be delivered to the Custodian; and (b) deposit securities upon invitations for tenders thereof, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary action, unless otherwise directed to the contrary in Proper Instructions, to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownership, and shall promptly notify each applicable the Fund of such action in writing by facsimile transmission or in such other manner as such the Fund and the Custodian may agree in writing.
Appears in 5 contracts
Samples: Custodian Agreement (North Carolina Capital Management Trust), Custodian Agreement (Fidelity Rutland Square Trust), Custodian Agreement (Fidelity Rutland Square Trust)
Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer or trustee, for the purpose of exercise or sale, provided that the new securities, cash or other assets, if any, acquired as a result of such actions are to be delivered to the Custodian; and (b) deposit securities upon invitations for tenders thereof, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary action, unless otherwise directed to the contrary in Proper Instructions, to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownership, and shall promptly notify each applicable the Fund of such action in writing by facsimile transmission or in such other manner as such the Fund and the Custodian may agree in writing.
Appears in 4 contracts
Samples: Custodian Agreement (North Carolina Capital Management Trust), Custodian Agreement (Fidelity Advisor Series I), Custodian Agreement (Fidelity Aberdeen Street Trust)
Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) shall deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer either, warrants, puts, calls, rights or trusteesimilar securities, for the purpose of exercise being exercised or salesold, provided that the new securities, cash or other assetsProperty, if any, acquired as a result of by such actions are action is to be delivered to the Custodian; and (b) , and, upon receipt of Proper Instructions, to deposit securities upon invitations for tenders thereofof securities, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, unless otherwise directed in Proper Instructions that the Custodian under the existing facts and circumstances is able to implement, the Custodian shall take all necessary action, unless otherwise directed to the contrary in Proper Instructions, commercially reasonable action to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownershipownership of which the Custodian has actual knowledge, and shall promptly notify each applicable Fund of such action in writing by electronic transmission, facsimile transmission or in such other manner as such Fund and the Custodian may reasonably agree in writing.
Appears in 3 contracts
Samples: Investment Management Agreement (Hartford Funds Master Fund), Agreement (Hartford Funds Master Fund), Custodial Agreement (Hartford HLS Series Fund Ii Inc)
Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) shall deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer either, warrants, puts, calls, rights or trusteesimilar securities, for the purpose of exercise being exercised or salesold, provided that the new securities, cash or other assetsProperty, if any, acquired as a result of by such actions are action is to be delivered to the Custodian; and (b) , and, upon receipt of Proper Instructions, to deposit securities upon invitations for tenders thereofof securities, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, unless otherwise directed in Proper Instructions that the Custodian under the existing facts and circumstances is able to implement, the Custodian shall take all necessary action, unless otherwise directed to the contrary in Proper Instructions, commercially reasonable action to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownershipownership of which the Custodian has actual knowledge, and shall promptly notify each applicable Fund of such action in writing by facsimile transmission or in such other manner as such Fund and the Custodian may agree in writing.
Appears in 2 contracts
Samples: Investment Agreement (Hartford Mutual Funds Inc/Ct), Investment Agreement (Hartford Series Fund Inc)
Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: :
(a) deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer or trustee, for the purpose of exercise or sale, provided that the new securities, cash or other assets, if any, acquired as a result of such actions are to be delivered to the Custodian; and and
(b) deposit securities upon invitations for tenders thereof, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities included in the Proper Instructions that are received in exchange for the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary action, unless otherwise action as directed to the contrary in Proper Instructions, Instructions to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownership, and shall promptly notify each applicable Fund the Trust or the Investment Adviser of such action in writing by facsimile transmission or in such other manner as such Fund and the Custodian Trust may agree designate in writing.
Appears in 2 contracts
Samples: Mutual Fund Custody Agreement (Victory Institutional Funds), Mutual Fund Custody Agreement (Victory Variable Insurance Funds)
Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) shall deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer either, warrants, puts, calls, rights or trusteesimilar securities, for the purpose of exercise being exercised or salesold, provided that the new securities, cash or other assetsProperty, if any, acquired as a result of by such actions are action is to be delivered to the Custodian; and (b) , and, upon receipt of Proper Instructions, to deposit securities upon invitations for tenders thereofof securities, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary commercially reasonable action, unless otherwise directed to the contrary in Proper Instructions, to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownershipownership of which the Custodian has actual knowledge, and shall promptly notify each the relevant investment manager(s) of the applicable Fund of such action in writing by facsimile transmission or in such other manner as such Fund and the Custodian may agree in writing.
Appears in 2 contracts
Samples: Custodian Agreement (Gmam Absolute Return Strategies Fund LLC), Agreement Between Jpmorgan Chase Bank and the Funds (Gmam Absolute Return Strategies Fund LLC)
Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer or trustee, for the purpose of exercise or sale, provided that the new securities, cash or other assets, if any, acquired as a result of such actions are to be delivered to the Custodian; and (b) deposit securities upon invitations for tenders thereof, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary action, unless otherwise directed to the contrary in Proper Instructions, to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownership, and shall promptly notify each applicable Fund the Company of such action in writing by facsimile transmission or in such other manner as such Fund the Company and the Custodian may agree in writing.
Appears in 2 contracts
Samples: Custodian Agreement (Fidelity Ethereum Fund), Custodian Agreement (Fidelity Wise Origin Bitcoin Fund)
Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) shall deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer either, warrants, puts, calls, rights or trusteesimilar securities, for the purpose of exercise being exercised or salesold, provided that the new securities, cash or other assetsProperty, if any, acquired as a result of by such actions are action is to be delivered to the Custodian; and (b) , and, upon receipt of Proper Instructions, to deposit securities upon invitations for tenders thereofof securities, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary commercially reasonable action, unless otherwise directed to the contrary in Proper Instructions, to comply with the terms of all mandatory or compulsory exchanges, . calls, tenders, redemptions, or similar rights of security ownershipownership of which the Custodian has actual knowledge, and shall promptly notify each applicable Fund of such action in writing by facsimile transmission or in such other manner as such Fund and the Custodian may agree in writing.
Appears in 1 contract
Samples: Custodial Agreement (BlackRock Health Sciences Trust)
Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer or trustee, for the purpose of exercise or sale, provided that the new securities, cash or other assets, if any, acquired as a result of such actions are to be delivered to the Custodian; and (b) deposit securities upon invitations for tenders thereof, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary action, unless otherwise directed to the contrary in Proper Instructions, agreed to by the Custodian, to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownership, and shall promptly notify each applicable Fund of such action in writing by facsimile transmission or in such other manner as such Fund and the Custodian may agree in writing.
Appears in 1 contract
Samples: Custodian Agreement (Variable Insurance Products Fund Ii)
Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) shall deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer either, warrants, puts, calls, rights or trusteesimilar securities, for the purpose of exercise being exercised or salesold, provided that the new securities, cash or other assetsProperty, if any, acquired as a result of by such actions are action is to be delivered to the Custodian; and (b) , and, upon receipt of Proper Instructions, to deposit securities upon invitations for tenders thereofof securities, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be he returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary commercially reasonable action, unless otherwise directed to the contrary in Proper Instructions, to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownershipownership of which the Custodian has actual knowledge, and shall promptly notify each applicable Fund of such action in writing by facsimile transmission or in such other manner as such Fund and the Custodian may agree in writing.
Appears in 1 contract
Samples: Custodial Agreement (Blackrock California Municipal Income Trust)
Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) shall deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer either, warrants, puts, calls, rights or trusteesimilar securities, for the purpose of exercise being exercised or salesold, provided that the new securities, cash or other assetsProperty, if any, acquired as a result of by such actions are action is to be delivered to the Custodian; and (b) , and, upon receipt of Proper Instructions, to deposit securities upon invitations for tenders thereofof securities, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary actioncommercially reasonable actions, unless otherwise directed to the contrary in Proper Instructions, to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownershipownership of which the Custodian has actual knowledge or of which the Custodian should have knowledge upon exercising the same level of good faith, reasonable care , diligence, and prudence as a professional custodian in performing its duties under this Agreement would have had, and shall promptly notify each applicable Fund of such action in writing by facsimile transmission or in such other manner as such Fund and the Custodian may agree in writing.
Appears in 1 contract
Samples: Agreement Between Jpmorgan Chase Bank and Investment Companies (Mlig Variable Insurance Trust)
Exercise of Rights; Tender Offers. Upon receipt of Proper --------------------------------- Instructions, the Custodian shall: shall (a) deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, - or to the agent of such issuer either, warrants, puts, calls, futures contracts, options, rights or trustee, similar securities for the purpose of exercise being exercised or salesold, provided that the new securities, cash or other assetssecurities and cash, if any, acquired as a result of by such actions action are -------- to be delivered to the Custodian; , and (b) deposit securities upon invitations - for tenders thereofof securities, provided that the consideration for such securities is to be paid or -------- delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary action, unless otherwise directed to the contrary in by Proper Instructions, to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, redemptions or similar rights of security ownershipownership of which the Custodian receives notice or otherwise becomes aware, and shall promptly notify each applicable the Fund of any such action in writing by facsimile transmission or in such other manner as such the Fund and the Custodian may agree in writing.
Appears in 1 contract
Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) shall deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer either, warrants, puts, calls, rights or trusteesimilar securities, for the purpose of exercise being exercised or salesold, provided that the new securities, cash or other assetsProperty, if any, acquired as a result of by such actions are action is to be delivered to the Custodian; and (b) , and, upon receipt of Proper Instructions, to deposit securities upon invitations for tenders thereofof securities, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary commercially reasonable action, unless otherwise directed to the contrary in Proper Instructions, to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownershipownership of which the Custodian has actual knowledge, and shall promptly notify each applicable Fund of such action in writing by facsimile transmission or in such other manner as such Fund and the Custodian may agree in writing.each
Appears in 1 contract