Common use of Fail Float Clause in Contracts

Fail Float. In the event that any payment made for a Portfolio under this Section 6 exceeds the funds available in that Portfolio's account, the Custodian or relevant Sub-Custodian, as the case may be, may, in its discretion, advance the Fund on behalf of that Portfolio an amount equal to such excess and such advance shall be deemed an overdraft from the Custodian or such Sub-Custodian to that Portfolio payable on demand, bearing interest at the rate of interest customarily charged by the Custodian or such Sub-Custodian on similar overdrafts.

Appears in 33 contracts

Samples: Custody Agreement (GuideStone Funds), Custody Agreement (Williams Capital Management Trust), Custody Agreement (Wilshire Variable Insurance Trust)

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Fail Float. In the event that any payment made for a Portfolio under this Section 6 exceeds the funds available in that Portfolio's ’s account, the Custodian or relevant Sub-Custodian, as the case may be, may, in its discretion, advance the Fund on behalf of that Portfolio an amount equal to such excess and such advance shall be deemed an overdraft from the Custodian or such Sub-Custodian to that Portfolio payable on demand, bearing interest at the rate of interest customarily charged by the Custodian or such Sub-Custodian on similar overdrafts.

Appears in 26 contracts

Samples: Custody Agreement (Advisers Investment Trust), Custody Agreement (Advisers Investment Trust), Custody Agreement

Fail Float. In the event that any payment made for a Portfolio Fund under this Section 6 exceeds the funds available in that Portfolio's Fund’s account, the Custodian or relevant Sub-Custodian, as the case may be, may, in its discretion, advance the such Fund on behalf of that Portfolio an amount equal to such excess and such advance shall be deemed an overdraft from the Custodian or such Sub-Custodian to that Portfolio Fund payable on demand, bearing interest at the rate of interest customarily charged by the Custodian or such Sub-Custodian on similar overdrafts.

Appears in 7 contracts

Samples: Custody Agreement (Boston Trust Walden Funds), Custody Agreement (JOHCM Funds Trust), Custody Agreement (Smead Funds Trust)

Fail Float. In the event that any payment made for a Portfolio under this Section 6 exceeds the funds available in that Portfolio's account, the Custodian or relevant Sub-Custodian, as the case may be, may, in its discretion, advance the Fund Company on behalf of that Portfolio an amount equal to such excess and such advance shall be deemed an overdraft from the Custodian or such Sub-Custodian to that Portfolio payable on demand, bearing interest at the rate of interest customarily charged by the Custodian or such Sub-Custodian on similar overdrafts.

Appears in 2 contracts

Samples: Custody Agreement (Sit Mutual Funds Inc), Custody Agreement (PBHG Funds Inc /)

Fail Float. In the event that any payment made for a Portfolio under this Section 6 exceeds the funds available in that Portfolio's ’s account, the Custodian or relevant Sub-Custodian, as the case may be, may, in its discretiondiscretion and if permitted by Section 17 of the 1940 Act, advance the Fund on behalf of that Portfolio an amount equal to such excess and such advance shall be deemed an overdraft from the Custodian or such Sub-Custodian to that Portfolio payable on demand, bearing interest at the rate of interest customarily charged by the Custodian or such Sub-Custodian on similar overdrafts.

Appears in 2 contracts

Samples: Custody Agreement (Northern Institutional Funds), Custody Agreement (Northern Funds)

Fail Float. In the event that any payment made for a Portfolio under this Section 6 exceeds the funds available in that Portfolio's ’s account, the Custodian or relevant Sub-Custodian, as the case may be, may, in its discretion, advance the Fund on behalf of that Portfolio an amount equal to such excess and such advance shall be deemed an overdraft from the Custodian or such Sub-Custodian to that Portfolio payable on demand, bearing interest at the rate of interest customarily charged by the Custodian or such Sub-Custodian on similar overdrafts. The Custodian will provide prompt notice to the Fund of any such overdraft.

Appears in 2 contracts

Samples: Custody Agreement (Rimrock Funds Trust), Custody Agreement (Rimrock Funds Trust)

Fail Float. In the event that any payment made for a Portfolio the Fund under this Section 6 exceeds the funds available in that Portfoliothe Fund's account, the Custodian or relevant Sub-Custodian, as the case may be, may, in its discretion, advance the Fund on behalf of that Portfolio an amount equal to such excess and such advance shall be deemed an overdraft from the Custodian or such Sub-Custodian to that Portfolio Fund payable on demand, bearing interest at the rate of interest customarily charged by the Custodian or such Sub-Custodian on similar overdrafts.

Appears in 2 contracts

Samples: Custody Agreement (NT Equity Long/Short Strategies Fund), Custody Agreement (NT Alpha Strategies Fund)

Fail Float. In the event that any payment made for a Portfolio under this Section 6 exceeds the funds available in that Portfolio's ’s account, the Custodian or relevant Sub-Custodian, as the case may be, may, in its discretion, advance the Fund on behalf of that Portfolio an amount equal to such excess and such advance shall be deemed an overdraft from the Custodian or such Sub-Custodian to that Portfolio payable on demand, bearing interest at the such reasonable rate of interest as is customarily charged by the Custodian or such Sub-Custodian on similar overdrafts.

Appears in 2 contracts

Samples: Custody Agreement, Custody Agreement (Ashmore Funds)

Fail Float. In the event that any payment made for a Portfolio under this Section 6 exceeds the funds available in that Portfolio's account, the Custodian or relevant Sub-Sub- Custodian, as the case may be, may, in its discretion, advance the Fund Company on behalf of that Portfolio an amount equal to such excess and such advance shall be deemed an overdraft from the Custodian or such Sub-Custodian to that Portfolio payable on demand, bearing interest at the rate of interest customarily charged by the Custodian or such Sub-Sub- Custodian on similar overdrafts.

Appears in 2 contracts

Samples: Custody Agreement (Fremont Mutual Funds Inc), Custody Agreement (Wilshire Target Funds Inc)

Fail Float. In the event that any payment made for a Portfolio the Fund under this Section 6 exceeds the funds available in that Portfolio's the Fund’s account, the Custodian or relevant Sub-Custodian, as the case may be, may, in its discretion, advance the Fund on behalf of that Portfolio an amount equal to such excess and such advance shall be deemed an overdraft from the Custodian or such Sub-Custodian to that Portfolio the Fund payable on demand, bearing interest at the rate of interest customarily charged by the Custodian or such Sub-Custodian on similar overdrafts.

Appears in 2 contracts

Samples: Custody Agreement (AB CarVal Credit Opportunities Fund), Custody Agreement (AB CarVal Opportunistic Credit Fund)

Fail Float. In the event that any payment made for a Portfolio under this Section 6 exceeds the funds available in that Portfolio's ’s account, the Custodian or relevant Sub-Custodian, as the case may be, may, in its discretion, advance the Fund Trust on behalf of that Portfolio an amount equal to such excess and such advance shall shall, subject to the terms of any line of credit as may be in place between the Custodian and the Trust from time to time, be deemed an overdraft from the Custodian or such Sub-Custodian to that Portfolio payable on demand, bearing interest at the rate of interest customarily charged by the Custodian or such Sub-Custodian on similar overdrafts.

Appears in 1 contract

Samples: Custody Agreement (Ariel Investment Trust)

Fail Float. In the event that any payment made for a the Portfolio under this Section 6 exceeds the funds available in that the Portfolio's account, the Custodian or relevant Sub-Sub- Custodian, as the case may be, may, in its discretion, advance the Fund Company on behalf of that the Portfolio an amount equal to such excess and such advance shall be deemed an overdraft from the Custodian or such Sub-Custodian to that the Portfolio payable on demand, bearing interest at the rate of interest customarily charged by the Custodian or such Sub-Sub- Custodian on similar overdrafts.

Appears in 1 contract

Samples: Custody Agreement (Williamsburg Investment Trust)

Fail Float. In the event that any payment made for a Portfolio under this Section 6 exceeds the funds Cash available in that Portfolio's account’s Separate Account, the Custodian or relevant Sub-Custodian, as the case may be, may, in its discretion, advance the Fund on behalf of that Portfolio an amount equal to such excess and such advance shall be deemed an overdraft from the Custodian or such Sub-Custodian to that Portfolio payable on demand, bearing interest at the rate of interest customarily charged by the Custodian or such Sub-Custodian on similar overdrafts.

Appears in 1 contract

Samples: Custody Agreement (Harding Loevner Funds Inc)

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Fail Float. In the event that any payment made for a Portfolio the Fund under this Section 6 exceeds the funds available in that Portfolio's the Fund’s account, the Custodian or relevant Sub-Custodian, as the case may be, may, in its discretion, advance the Fund on behalf of that Portfolio an amount equal to such excess and such advance shall be deemed an overdraft from the Custodian or such Sub-Custodian to that Portfolio Fund payable on demand, bearing interest at the rate of interest customarily charged by the Custodian or such Sub-Custodian on similar overdrafts.

Appears in 1 contract

Samples: Custody Agreement (Great Elm Capital Corp.)

Fail Float. In the event that any payment made for a Portfolio Fund under this Section 6 exceeds the funds Cash available in that Portfolio's accountFund’s Separate Account, the Custodian or relevant Sub-Custodian, as the case may be, may, in its discretion, advance the such Fund on behalf of that Portfolio an amount equal to such excess and such advance shall be deemed an overdraft from the Custodian or such Sub-Custodian to that Portfolio Fund payable on demand, bearing interest at the rate of interest customarily charged by the Custodian or such Sub-Custodian on similar overdrafts.

Appears in 1 contract

Samples: Custody Agreement (MidBridge Private Markets Fund)

Fail Float. In the event that any payment made for a Portfolio Fund under this Section 6 exceeds the funds available in that Portfolio's Fund’s account, the Custodian or relevant Sub-Custodian, as the case may be, may, in its discretion, advance the Fund on behalf of that Portfolio an amount equal to such excess and such advance shall be deemed an overdraft from the Custodian or such Sub-Custodian to that Portfolio Fund payable on demand, bearing interest at the rate of interest customarily charged by the Custodian or such Sub-Custodian on similar overdrafts.

Appears in 1 contract

Samples: Custody Agreement (Del Rey Global Investors Funds)

Fail Float. In the event that any away payment made for a Portfolio under this Section 6 exceeds the funds available in that Portfolio's account, the Custodian or relevant Sub-Custodian, as the case may be, may, in its discretion, advance the Fund on behalf of that Portfolio an amount equal to such excess and such advance shall be deemed an overdraft from the Custodian or such Sub-Custodian to that Portfolio payable on demand, bearing interest at the rate of interest customarily charged by the Custodian or such Sub-Custodian on similar overdrafts.

Appears in 1 contract

Samples: Custody Agreement (Tt International Usa Feeder Trust)

Fail Float. In the event that any payment made for a Portfolio Fund under this Section 6 exceeds the funds Cash available in that Portfolio's accountFund’s Separate Account, the Custodian or relevant Sub-Custodian, as the case may be, may, in its discretion, advance the such Fund on behalf of that Portfolio an amount equal to such excess and such advance shall be deemed an overdraft from the Custodian or such Sub-Sub- Custodian to that Portfolio Fund payable on demand, bearing interest at the rate of interest customarily charged by the Custodian or such Sub-Custodian on similar overdrafts.

Appears in 1 contract

Samples: Custody Agreement (Northern Lights Fund Trust Iii)

Fail Float. In the event that any payment made for a Portfolio under this Section 6 exceeds the funds available in that Portfolio's ’s account, the Custodian or relevant Sub-Custodian, as the case may be, may, in its discretion, advance the Fund on behalf of that Portfolio an amount equal to such excess and such advance shall be deemed an overdraft from the Custodian or such Sub-Sub- Custodian to that Portfolio payable on demand, bearing interest at the rate of interest customarily charged by the Custodian or such Sub-Custodian on similar overdrafts.

Appears in 1 contract

Samples: Custody Agreement (GuideStone Funds)

Fail Float. In the event that any payment made for a Portfolio under this Section 6 exceeds the funds available in that Portfolio's account, the Custodian or relevant Sub-Custodian, as the case may be, may, in its discretion, advance the Fund Trust on behalf of that Portfolio an amount equal to such excess and such advance shall be deemed an overdraft from the Custodian or such Sub-Custodian to that Portfolio payable on demand, bearing interest at the rate of interest customarily charged by the Custodian or such Sub-Custodian on similar overdrafts.

Appears in 1 contract

Samples: Custody Agreement (Morgan Grenfell Investment Trust)

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