Failure to Appoint Successor Custodian. If a successor custodian is not designated by the Trust on or before the date of termination of this Agreement, then the Custodian shall have the right to deliver to a bank or trust company of its own selection, which bank or trust company (i) is a “bank” as defined in Section 2(a)(5) of the 1940 Act, (ii) has aggregate capital, surplus and undivided profits as shown on its most recent published report of not less than $25 million and (iii) in all other respects meets the requirements of a custodian under the 1940 Act and the rules and regulations promulgated thereunder, all Fund Assets held by the Custodian under this Agreement and to transfer to an account of or for the Funds at such bank or trust company all Securities of the Funds held in a Book-Entry System or Securities Depository. Upon such delivery and transfer, such bank or trust company shall be the successor custodian under this Agreement and the Custodian shall be relieved of all obligations under this Agreement, except as otherwise specified herein. In addition, under these circumstances, all books, records and other data of the Trust shall be returned to the Trust.
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Samples: Amended And (DoubleLine Funds Trust), Custody Agreement (DoubleLine Equity Funds), Custody Agreement (DoubleLine Funds Trust)
Failure to Appoint Successor Custodian. If a successor custodian is not designated by the Trust Fund on or before the date of termination of this Agreement, then the Custodian shall have the right to deliver to a bank or trust company of its own selection, which bank or trust company (i) is a “bank” as defined in Section 2(a)(5) of the 1940 Act, (ii) has aggregate capital, surplus and undivided profits as shown on its most recent published report of not less than $25 million and (iii) in all other respects meets the requirements of a custodian under the 1940 Act and the rules and regulations promulgated thereunder, all Fund Assets held by the Custodian under this Agreement and to transfer to an account of or for the Funds Fund at such bank or trust company all Securities of the Funds Fund held in a Book-Entry System or Securities Depository. Upon such delivery and transfer, such bank or trust company shall be the successor custodian under this Agreement and the Custodian shall be relieved of all obligations under this Agreement, except as otherwise specified herein. In addition, under these circumstances, all books, records and other data of the Trust Fund shall be returned to the TrustFund.
Appears in 3 contracts
Samples: Custody Agreement, Custody Agreement (RiverNorth/DoubleLine Strategic Opportunity Fund, Inc.), Custody Agreement (DoubleLine Income Solutions Fund)
Failure to Appoint Successor Custodian. If a successor custodian is not designated by the Trust on or before the date of termination of this Agreement, then the Custodian shall have the right to deliver to a bank or trust company of its own selection, which bank or trust company (i) is a “bank” as defined in Section 2(a)(5) of the 1940 Act, (ii) has aggregate capital, surplus and undivided profits as shown on its most recent published report of not less than $25 million and (iii) in all other respects meets the requirements of a custodian under the 1940 Act and the rules and regulations promulgated thereunder, all Fund Assets Securities, cash and other property held by the Custodian under this Agreement and to transfer to an account of or for the Funds Fund at such bank or trust company all Securities of the Funds Fund held in a Book-Entry System or Securities Depository. Upon such delivery and transfer, such bank or trust company shall be the successor custodian under this Agreement and the Custodian shall be relieved of all obligations under this Agreement, except as otherwise specified herein. In addition, under these circumstances, all books, records and other data of the Trust shall be returned to the Trust.
Appears in 2 contracts
Samples: Amended And (Aegis Funds), Custody Agreement (Aegis Funds)
Failure to Appoint Successor Custodian. If a successor custodian is not designated by the Trust Company on or before the date of termination of this Agreementspecified pursuant to Section 10.1 and/or 10.2 above, then the Custodian shall have the right to deliver to a bank or trust company of its own selection, which bank or trust company (ia) is a “"bank” " as defined in Section 2(a)(5) of the 1940 Act, (iib) has aggregate capital, surplus and undivided profits as shown on its then most recent published report of not less than $25 million million, and (iiic) in all other respects meets otherwise is qualified to be a custodian to a business development company pursuant to the requirements of a custodian under the 1940 Act and the rules and regulations promulgated thereunderAct, all Fund Assets Securities, cash and other property held by the Custodian under this Agreement and to transfer to an account of or for the Funds Company at such bank or trust company all Securities of the Funds Company held in a Book-Entry System or Securities Depository. Upon such delivery and transfer, such bank or trust company shall be the successor custodian under this Agreement and the Custodian shall be relieved of all obligations under this Agreement, except as otherwise specified herein. In addition, under these circumstances, all books, records and other data of the Trust shall be returned to the Trust.
Appears in 1 contract
Samples: Custody Agreement (Brantley Mezzanine Capital Corp)
Failure to Appoint Successor Custodian. If a successor custodian is not designated by the Trust on or before the date of termination of this Agreement, then the Custodian shall have the right to deliver to a bank or trust company of its own selection, which bank or trust company (i) is a “bank” meeting the requirements of a custodian for registered investment companies, in each case as defined in Section 2(a)(5) of the 1940 Act, and (ii) has aggregate capital, surplus and undivided profits as shown on its most recent published report of not less than $25 million and (iii) in all other respects meets the requirements of a custodian under the 1940 Act and the rules and regulations promulgated thereundermillion, all Fund Assets Securities, cash and other property held by the Custodian under this Agreement and to transfer to an account of or for the Funds at such bank or trust company all Securities of the Funds held in a Book-Entry System or Securities Depository. Upon such delivery and transfer, such bank or trust company shall be the successor custodian under this Agreement and the Custodian shall be relieved of all obligations under this Agreement, except as otherwise specified herein. In addition, under these circumstances, all books, records and other data of the Trust shall be returned to the Trust.
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Failure to Appoint Successor Custodian. If a successor custodian is not designated by the Trust Fund on or before the date of termination of this Agreement, then the Custodian shall have the right to deliver to a bank or trust company of its own selection, which bank or trust company (i) is a “bank” as defined in Section 2(a)(5) of the 1940 Act, (ii) has aggregate capital, surplus and undivided profits as shown on its most recent published report of not less than $25 million and (iii) in all other respects meets the requirements of a custodian under the 1940 Act and the rules and regulations promulgated thereunder, all Fund Assets Securities, cash and other property held by the Custodian under this Agreement and to transfer to an account of or for the Funds Fund at such bank or trust company all Securities of the Funds Fund held in a Book-Entry System or Securities Depository. Upon such delivery and transfer, such bank or trust company shall be the successor custodian under this Agreement and the Custodian shall be relieved of all obligations under this Agreement, except as otherwise specified provided herein. In addition, under these circumstances, all books, records and other data of the Trust Fund shall be returned to the TrustFund.
Appears in 1 contract
Samples: Custody Agreement (Cohen & Steers MLP & Energy Opportunity Fund, Inc.)
Failure to Appoint Successor Custodian. If a successor custodian is not designated by the Trust Company on or before the date of termination of this Agreement, then the Custodian shall have the right to deliver to a bank or trust company of its own selection, which bank or trust company (i) is a “bank” as defined in Section 2(a)(5) of the 1940 Act, (ii) has aggregate capital, surplus and undivided profits as shown on its most recent published report of not less than $25 million and (iii) in all other respects meets the requirements of a custodian under the 1940 Act and the rules and regulations promulgated thereunder, all Fund Assets Securities, cash and other property held by the Custodian under this Agreement and to transfer to an account of or for the Funds Fund at such bank or trust company all Securities of the Funds Fund held in a Book-Entry System or Securities Depository. Upon such delivery and transfer, such bank or trust company shall be the successor custodian under this Agreement and the Custodian shall be relieved of all obligations under this Agreement, except as otherwise specified herein. In addition, under these circumstances, all books, records and other data of the Trust Company shall be returned to the TrustCompany.
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