Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means: (i) a writing manually signed on behalf of a Fund by an Authorized Person; (ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person; (iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person; (iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund (“Electronic Communication”); or (v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a Fund via email be done so through a secure system or process.
Appears in 46 contracts
Samples: Custody Agreement (Fpa Funds Trust), Custody Agreement (Fpa Funds Trust), Custody Agreement (Investment Managers Series Trust II)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized PersonPerson (as hereinafter defined);
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends recommends, but does not require, that any Instructions transmitted by a Fund via email be done so through a secure system or process.
Appears in 28 contracts
Samples: Custody Agreement (CPG Vintage Access Fund VII, LLC), Custody Agreement (CPG Focused Access Fund, LLC), Custody Agreement (CPG Carlyle Commitments Fund, LLC)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to The term "Instructions" means instructions from the terms Customer in respect of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
Custodian's duties hereunder which have been received by the Custodian in accordance with Section 22 below (i) a in writing manually (including, without limitation, facsimile transmission) or by tested telex signed on behalf or given by such one or more person or persons as the Customer shall have from time to time authorized in writing to give the particular class of a Fund by an Authorized Person;
Instructions in question and whose name and (if applicable) signature and office address have been filed with the Custodian, or (ii) which have been transmitted electronically through an electronic on-line service and communications system offered by the Custodian or other electronic instruction system acceptable to the Custodian, or (iii) a telephonic or other oral communication by one or more persons as the Customer shall have from a person time to time authorized to give the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes particular class of Instructions in question and whose name has been signed filed with the Custodian; or otherwise originated by an Authorized Person;
(iv) a communication effected through upon receipt of such other form of instructions as the internet or web-based functionality (including without limitation, emails, data files Customer may from time to time authorize in writing and other communications) on behalf of a Fund (“Electronic Communication”); or
(v) other means reasonably acceptable which the Custodian has agreed in writing to both partiesaccept. Instructions in the form of oral communications shall be confirmed by the appropriate Fund Customer by either a tested telex or writing (as in the manner set forth in clause (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions instructions prior to the Custodian’s 's receipt of such confirmation. Each Fund authorizes Instructions may relate to specific transactions or to types or classes of transactions, and may be in the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodianform of standing instructions. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result the right to assume in the absence of actions taken notice to the contrary from the Customer that any person whose name is on file with the Custodian pursuant to this Section has been authorized by the Customer to give the Instructions in reliance on unauthorized facsimile or Electronic Communication Instructionsquestion and that such authorization has not been revoked. The Custodian recommends that may act upon and conclusively rely on, without any liability to the Customer or any other person or entity for any losses resulting therefrom, any Instructions transmitted reasonably believed by a Fund via email it to be done so through a secure system furnished by the proper person or processpersons as provided above.
Appears in 14 contracts
Samples: Custodian Agreement (Flag Investors Real Estate Securities Fund Inc), Custodian Agreement (Flag Investors International Fund Inc), Custodian Agreement (Isi Strategy Fund Inc)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized PersonPerson (as hereinafter defined);
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a Fund via email be done so through a secure system or process.
Appears in 12 contracts
Samples: Custody Agreement (NB Crossroads Private Markets Fund VII LP), Custody Agreement (NB Crossroads Private Markets Fund v (TI) Advisory LP), Custody Agreement (NB Crossroads Private Markets Fund v (TE) Advisory LP)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized PersonPerson (as hereinafter defined);
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a Fund via email be done so through a secure system or process.
Appears in 12 contracts
Samples: Custody Agreement (Predex), Custody Agreement (USQ Core Real Estate Fund), Custody Agreement (Ares Private Markets Fund)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized Person;
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each The Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a Fund via email be done so through a secure system or process.
Appears in 11 contracts
Samples: Custody Agreement (Felicitas Private Markets Fund), Custody Agreement (List Income Opportunities Fund), Custody Agreement (Felicitas Private Markets Fund)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a the Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a the Fund by an Authorized PersonPerson (as hereinafter defined);
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a the Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each The Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a the Fund via email be done so through a secure system or process.
Appears in 10 contracts
Samples: Custody Agreement (Meketa Infrastructure Fund), Custody Agreement (Alti Private Equity Access & Commitments Fund), Custody Agreement (Apollo Diversified Real Estate Fund)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized PersonPerson (as hereinafter defined);;
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each The Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends recommends, but does not require, that any Instructions transmitted by a Fund via email be done so through a secure system or process.
Appears in 10 contracts
Samples: Custody Agreement (FT Vest Hedged Equity Income Fund: Series A4), Custody Agreement (FT Vest Hedged Equity Income Fund: Series A3), Custody Agreement (First Trust Enhanced Private Credit Fund)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to The term "Instructions" means instructions from the terms Customer in respect of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
Custodian's duties hereunder which have been received by the Custodian at its address set forth in Section 21 below (i) a in writing manually (including, without limitation, facsimile transmission) or by tested telex signed on behalf or given by such one or more person or persons as the Customer shall have from time to time authorized in writing to give the particular class of a Fund by an Authorized Person;
Instructions in question and whose name and (if applicable) signature and office address have been filed with the Custodian, or (ii) which have been transmitted electronically through an electronic on-line service and communications system offered by the Custodian or other electronic instruction system acceptable to the Custodian, or (iii) a telephonic or other oral communication by one or more persons as the Customer shall have from a person time to time authorized to give the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes particular class of Instructions in question and whose name has been signed filed with the Custodian; or otherwise originated by an Authorized Person;
(iv) a communication effected through upon receipt of such other form of instructions as the internet or web-based functionality (including without limitation, emails, data files Customer may from time to time authorize in writing and other communications) on behalf of a Fund (“Electronic Communication”); or
(v) other means reasonably acceptable which the Custodian has agreed in writing to both partiesaccept. Instructions in the form of oral communications shall be confirmed by the appropriate Fund Customer by either a tested telex or writing (as in the manner set forth in clause (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions instructions prior to the Custodian’s 's receipt of such confirmation. Each Fund authorizes Instructions may relate to specific transactions or to types or classes of transactions, and may be in the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodianform of standing instructions. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result the right to assume in the absence of actions taken notice to the contrary from the Customer that any person whose name is on file with the Custodian pursuant to this Section has been authorized by the Customer to give the Instructions in reliance on unauthorized facsimile or Electronic Communication Instructionsquestion and that such authorization has not been revoked. The Custodian recommends that may act upon and conclusively rely on, without any liability to the Customer or any other person or entity for any losses resulting therefrom, any Instructions transmitted reasonably believed by a Fund via email it to be done so through a secure system furnished by the proper person or processpersons as provided above.
Appears in 9 contracts
Samples: Custodian Agreement (Bt Alex Brown Cash Reserve Fund Inc), Custodian Agreement (Delaware Group Decatur Fund Inc), Custodian Agreement (Kent Funds)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized PersonPerson (as hereinafter defined);
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each The Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a Fund via email be done so through a secure system or process.
Appears in 9 contracts
Samples: Custody Agreement (Aether Infrastructure & Natural Resources Fund), Custody Agreement (Bow River Capital Evergreen Fund), Custody Agreement (Accordant ODCE Index Fund)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to The term "Instructions" means instructions from the terms Customer in respect of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
Custodian's duties hereunder which have been received by the Custodian at its address set forth in Section 22 below (i) a in writing manually (including, without limitation, facsimile transmission) or by tested telex signed on behalf or given by such one or more person or persons as the Customer shall have from time to time authorized in writing to give the particular class of a Fund by an Authorized Person;
Instructions in question and whose name and (if applicable) signature and office address have been filed with the Custodian, or (ii) which have been transmitted electronically through an electronic on-line service and communications system offered by the Custodian or other electronic instruction system acceptable to the Custodian, or (iii) a telephonic or other oral communication by one or more persons as the Customer shall have from a person time to time authorized to give the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes particular class of Instructions in question and whose name has been signed filed with the Custodian; or otherwise originated by an Authorized Person;
(iv) a communication effected through upon receipt of such other form of instructions as the internet or web-based functionality (including without limitation, emails, data files Customer may from time to time authorize in writing and other communications) on behalf of a Fund (“Electronic Communication”); or
(v) other means reasonably acceptable which the Custodian has agreed in writing to both partiesaccept. Instructions in the form of oral communications shall be confirmed by the appropriate Fund Customer by either a tested telex or writing (as in the manner set forth in clause (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions instructions prior to the Custodian’s 's receipt of such confirmation. Each Fund authorizes Instructions may relate to specific transactions or to types or classes of transactions, and may be in the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodianform of standing instructions. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result the night to assume in the absence of actions taken notice to the contrary from the Customer that any person whose name is on file with the Custodian pursuant to this Section has been authorized by the Customer to give the Instructions in reliance on unauthorized facsimile or Electronic Communication Instructionsquestion and that such authorization has not been revoked. The Custodian recommends that may act upon and conclusively rely on, without any liability to the Customer or any other person or entity for any losses resulting therefrom, any Instructions transmitted reasonably believed by a Fund via email it to be done so through a secure system furnished by the proper person or processpersons as provided above.
Appears in 8 contracts
Samples: Custodian Agreement (Flag Investors Real Estate Securities Fund Inc), Custodian Agreement (Isi Strategy Fund Inc), Custodian Agreement (Managed Municipal Fund Inc)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to The term "Instructions" means instructions from the terms Customer in respect of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
Custodian's duties hereunder which have been received by the Custodian at its address set forth in Section 22 below (i) a in writing manually (including, without limitation, facsimile transmission) or by tested telex signed on behalf or given by such one or more person or persons as the Customer shall have from time to time authorized in writing to give the particular class of a Fund by an Authorized Person;
Instructions in question and whose name and (if applicable) signature and office address have been filed with the Custodian, or (ii) which have been transmitted electronically through an electronic on-line service and communications system offered by the Custodian or other electronic instruction system acceptable to the Custodian, or (iii) a telephonic or other oral communication by one or more persons as the Customer shall have from a person time to time authorized to give the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes particular class of Instructions in question and whose name has been signed filed with the Custodian; or otherwise originated by an Authorized Person;
(iv) a communication effected through upon receipt of such other form of instructions as the internet or web-based functionality (including without limitation, emails, data files Customer may from time to time authorize in writing and other communications) on behalf of a Fund (“Electronic Communication”); or
(v) other means reasonably acceptable which the Custodian has agreed in writing to both partiesaccept. Instructions in the form of oral communications shall be confirmed by the appropriate Fund Customer by either a tested telex or writing (as in the manner set forth in clause (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions instructions prior to the Custodian’s 's receipt of such confirmation. Each Fund authorizes Instructions may relate to specific transactions or to types or classes of transactions, and may be in the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodianform of standing instructions. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result the right to assume in the absence of actions taken notice to the contrary from the Customer that any person whose name is on file with the Custodian pursuant to this Section has been authorized by the Customer to give the Instructions in reliance on unauthorized facsimile or Electronic Communication Instructionsquestion and that such authorization has not been revoked. The Custodian recommends that may act upon and conclusively rely on, without any liability to the Customer or any other person or entity for any losses resulting therefrom, any Instructions transmitted reasonably believed by a Fund via email it to be done so through a secure system furnished by the proper person or processpersons as provided above.
Appears in 8 contracts
Samples: Custodian Agreement (Variable Insurance Funds), Custodian Agreement (Wt Investment Trust I), Custodian Agreement (Scudder Rreef Real Estate Fund Inc)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized PersonPerson (as hereinafter defined);
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each The Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends recommends, but does not require, that any Instructions transmitted by a Fund via email be done so through a secure system or process.
Appears in 8 contracts
Samples: Custody Agreement (Hamilton Lane Private Secondary Fund), Custody Agreement (Variant Alternative Lending Fund), Custody Agreement (FT Vest Rising Dividend Achievers Total Return Fund)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i1) a writing manually signed on behalf of a Fund by an Authorized PersonPerson (as hereinafter defined);
(ii2) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii3) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv4) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund (“Electronic Communication”); or
(v5) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each The Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends recommends, but does not require, that any Instructions transmitted by a Fund via email be done so through a secure system or process.
Appears in 5 contracts
Samples: Custody Agreement (FT Vest Annual Hedged Equity & Income Fund: Series B1), Custody Agreement (FT Vest Hedged Equity Income Fund: Series B1), Custody Agreement (FT Vest Total Return Income Fund: Series B1)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a the Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized PersonPerson (as hereinafter defined);
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a the Fund (“Electronic Communication”); or
or (v(iv) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each The Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a the Fund via email be done so through a secure system or process.
Appears in 4 contracts
Samples: Custody Agreement (FS MVP Private Markets Fund), Custody Agreement (FS MVP Private Markets Fund), Custody Agreement (MVP Private Markets Fund)
Instructions. (a) An “"Instruction,” " as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized Person;
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund (“"Electronic Communication”"); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s 's receipt of such confirmation. Each Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a Fund via email be done so through a secure system or process.
(b) Special Instructions," as used herein, shall mean Instructions countersigned or confirmed in writing by the Treasurer or any other officer of a Fund , which countersignature or confirmation shall be on the same instrument containing the Instructions or on a separate instrument relating thereto.
(c) Instructions and Special Instructions shall be delivered to the Custodian at the address and/or telephone, facsimile transmission or email address agreed upon from time to time by the Custodian and each Fund.
(d) Where appropriate, Instructions and Special Instructions shall be continuing Instructions.
(e) An Authorized Person shall be responsible for assuring the accuracy and completeness of Instructions. If the Custodian reasonably determines that an Instruction is unclear or incomplete, the Custodian may notify a Fund of such determination, in which case the Fund shall be responsible for delivering to the Custodian an amended Instruction. The Custodian shall have no obligation to take any action until the Fund re-delivers to the Custodian an Instruction that is clear and complete.
(f) The Fund shall be responsible for delivering to the Custodian Instructions or Special Instructions in a timely manner, after considering such factors as the involvement of subcustodians, brokers or agents in a transaction, time zone differences, reasonable industry standards, etc. The Custodian shall have no liability if a Fund delivers Instructions or Special Instructions to the Custodian after any deadline established by the Custodian.
(g) By providing Instructions to acquire or hold Foreign Assets (as defined in Rule 17f-5(a)(2) under the 1940 Act), each Fund shall be deemed to have confirmed to the Custodian that the Fund has (i) considered and accepted responsibility for all Sovereign Risks and Country Risks (as hereinafter defined) associated with investing in a particular country or jurisdiction, and (ii) made all determinations and provided to shareholders and other investors all disclosures required of registered investment companies by the 1940 Act.
Appears in 3 contracts
Samples: Custody Agreement (Saturna Investment Trust), Custody Agreement (Aspiration Funds), Custody Agreement (Aspiration Funds)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized PersonPerson (as hereinafter defined);
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files files, and other communications) on behalf of a Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both partiesParties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties Parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a Fund via email be done so through a secure system or process.
Appears in 3 contracts
Samples: Custody Agreement (Versus Capital Multi-Manager Real Estate Income Fund LLC), Custody Agreement (Versus Capital Infrastructure Income Fund), Custody Agreement (Versus Capital Real Assets Fund LLC)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a the Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a the Fund by an Authorized PersonPerson (as hereinafter defined);
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a the Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each The Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends recommends, but does not require, that any Instructions transmitted by a the Fund via email be done so through a secure system or process.
Appears in 3 contracts
Samples: Custody Agreement (Forum CRE Income Fund), Custody Agreement (Aspiriant Risk-Managed Real Asset Fund), Custody Agreement (Corbin Multi-Strategy Fund, LLC)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a the Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a the Fund by an Authorized Person;
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a the Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each The Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a the Fund via email be done so through a secure system or process.
Appears in 2 contracts
Samples: Custody Agreement (Source Capital /De/), Custody Agreement (iDirect Private Credit Fund, L.P.)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized PersonPerson (as hereinafter defined);
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each Fund party authorizes the Custodian other party to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, in the absence of fraud, negligence or willful misconduct on the part of the Custodian, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a Fund via email be done so through a secure system or process.
Appears in 2 contracts
Samples: Custody Agreement (Cantor Fitzgerald Sustainable Infrastructure Fund), Custody Agreement (Cantor Select Portfolios Trust)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized PersonPerson (as hereinafter defined);
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person (“Electronic Communication”); or
or (v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a Fund via email be done so through a secure system or process.
Appears in 2 contracts
Samples: Custody Agreement (NB Crossroads Private Markets Fund VI LP), Custody Agreement (NB Crossroads Private Markets Fund VI Advisory LP)
Instructions. (aA) An “Instruction,” as used herein, shall mean The Bank is authorized to rely and act upon instructions ("Instructions") in writing which are signed by persons ("Authorized Persons") named in a request, direction, instruction or certification initiated by a Fund and conforming list provided to the terms Bank from time to time, which list must be certified by the Fund's Secretary or Assistant Secretary and include authenticated specimen signatures of all Authorized Persons. Such list shall separately designate those Authorized Persons who may authorize the withdrawal of the Securities free of payment, those Authorized Persons who may authorize the unconditional transfer of funds, and those Authorized Persons who may give Instructions by electronic access.
(B) The Fund agrees that the Bank is authorized to rely and act upon such Instructions in accordance with this paragraph. An Instruction may Section 10 and the Funds Transfer Procedures attached hereto and incorporated herein by reference (including each Schedule A) to this Agreement and to debit or credit the applicable account(s) of the Fund accordingly and that such Funds Transfer Procedures and method(s) of transmission are commercially reasonable.
(C) The Bank shall be transmitted entitled to rely upon the continued authority of any Authorized Person to give Instructions until the Bank receives notice from the Fund to the Custodian by contrary; and the Bank shall be entitled to rely upon any of the following means:
(i) a writing manually signed on behalf of a Fund Instructions it believes in good faith to have been given by an Authorized Person;.
(iiD) a telephonic The Bank is further authorized to rely upon any Instructions received by any other means and identified as having been given or authorized by any Authorized Person, regardless of whether such Instructions shall in fact have been authorized or given by any of such Authorized Persons, provided that the Bank and the Fund shall have agreed upon the means of transmission and the method of identification for such Instructions. Instructions received by any other oral communication means shall include but not be limited to verbal Instructions only in connection with delivery against payment or receipt against payment transactions and transfer from a person one account with the Custodian reasonably believes Bank to another with the Bank and provided that such verbal Instructions are promptly confirmed in writing by the Fund. Notwithstanding the foregoing, in the event any such verbal Instructions are not subsequently confirmed in writing, as provided above, the Fund agrees to hold the Bank harmless and without liability for any claims or losses in connection with such verbal Instructions.
(E) The Fund agrees to be bound by any Instruction, whether or not authorized, given to the Bank in its name and accepted by the Bank in accordance with the provisions hereof (including but not limited to the Funds Transfer Procedures and Schedule A thereto) and further agrees to indemnify and hold the Bank harmless from and against any loss, liability, claim or expense (including legal fees and expenses) associated with the Bank's acting upon such Instructions as provided herein, except such as may arise from the Bank's own negligence, bad faith or willful misconduct.
(F) The Fund may appoint one or more investment managers ("Investment Managers") with respect to the Custody Account. The Bank is authorized to act upon Instructions received from any Investment Manager to the same extent that the Bank would act upon the Instructions of an Authorized Person;, provided that the Bank has received written evidence of the Investment Manager's appointment and written confirmation from the Investment Manager evidencing acceptance of such appointment. The Investment Manager shall provide to the Bank from time to time a list of persons authorized to give Instructions on behalf of the Investment Manager. The list must be certified by the Investment Manager's Secretary or Assistant Secretary and include authenticated specimen signatures of such persons.
(iiiG) If the Fund should choose to have telecommunication or other means of electronic access to the Bank's reporting system for Property in the Custody Account, pursuant to paragraph (E) of Section 5, the Bank is also authorized to rely and act upon any Instructions received by it through a facsimile transmission terminal device, provided that such Instructions are accompanied by code words which the Custodian reasonably believes Bank has been signed furnished to the Fund, or otherwise originated by an Authorized Person;, by any method mutually agreed to by the Bank and the Fund, provided that the Bank has not been notified by the Fund, or any such Authorized Person to cease to recognize such code words, regardless of whether such Instructions shall in fact have been given or authorized by the Fund or any such Authorized Person.
(ivH) a communication effected through The Bank is authorized to act upon Instructions of the internet or web-based functionality (including without limitationFund's agent, emailsFund/Plan, data files and other communications) on behalf of a Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify same extent that the signature Bank would act upon Instructions of an Authorized Person provided that (i) the Bank has been properly affixed andreceived confirmation from Fund/Plan evidencing acceptance of its appointment as agent by the Fund, with respect to Instructions transmitted by an Electronic Communication, (ii) the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian Bank shall have received from Fund/Plan a list of persons (and such persons specimen signatures) authorized to give Instructions on behalf of Fund/Plan, which list shall have been certified by Fund/Plan's Secretary or Assistant Secretary, and (iii) the Bank shall not have received written notice from (x) Fund/Plan that it is no liability longer acting as the Fund's agent or directing the Bank to cease recognizing Instructions from a result of actions taken in reliance on unauthorized facsimile designated Fund/Plan person, or Electronic Communication Instructions. The Custodian recommends that any (y) the Fund to cease recognizing Instructions transmitted by a Fund via email be done so through a secure system or processfrom Fund/Plan.
Appears in 2 contracts
Samples: Custodial Services Agreement (Matthews International Funds), Custodial Services Agreement (Matthews International Funds)
Instructions. (a) An “"Instruction,” " as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized Person;
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
; (iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund (“"Electronic Communication”"); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s 's receipt of such confirmation. Each Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a Fund via email be done so through a secure system or process.
(b) Special Instructions," as used herein, shall mean Instructions countersigned or confirmed in writing by the Treasurer or any other officer of a Fund , which countersignature or confirmation shall be on the same instrument containing the Instructions or on a separate instrument relating thereto.
(c) Instructions and Special Instructions shall be delivered to the Custodian at the address and/or telephone, facsimile transmission or email address agreed upon from time to time by the Custodian and each Fund.
(d) Where appropriate, Instructions and Special Instructions shall be continuing Instructions.
(e) An Authorized Person shall be responsible for assuring the accuracy and completeness of Instructions. If the Custodian reasonably determines that an Instruction is unclear or incomplete, the Custodian may notify a Fund of such determination, in which case the Fund shall be responsible for delivering to the Custodian an amended Instruction. The Custodian shall have no obligation to take any action until the Fund re-delivers to the Custodian an Instruction that is clear and complete.
(f) The Fund shall be responsible for delivering to the Custodian Instructions or Special Instructions in a timely manner, after considering such factors as the involvement of subcustodians, brokers or agents in a transaction, time zone differences, reasonable industry standards, etc. The Custodian shall have no liability if a Fund delivers Instructions or Special Instructions to the Custodian after any deadline established by the Custodian.
(g) By providing Instructions to acquire or hold Foreign Assets (as defined in Rule 17f-5(a)(2) under the 1940 Act), each Fund shall be deemed to have confirmed to the Custodian that the Fund has (i) considered and accepted responsibility for all Sovereign Risks and Country Risks (as hereinafter defined) associated with investing in a particular country or jurisdiction, and (ii) made all determinations and provided to shareholders and other investors all disclosures required of registered investment companies by the 1940 Act.
Appears in 2 contracts
Samples: Custody Agreement (Prophecy Alpha Fund I), Custody Agreement (Vertical Capital Investors Trust)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized Person;
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a Fund via email e-mail be done so through a secure system or process.
Appears in 2 contracts
Samples: Custody Agreement (Vericimetry Funds), Custody Agreement (Vericimetry Funds)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized Person;
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in its reliance on unauthorized facsimile or Electronic Communication InstructionsInstructions that ultimately are proven to have been unauthorized. The Custodian recommends that any Instructions transmitted by a Fund via email be done so through a secure system or process.
Appears in 2 contracts
Samples: Custody Agreement (SharesPost 100 Fund), Custody Agreement (SharesPost 100 Fund)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a the Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a the Fund by a person authorized to countersign or confirm Special Instructions (as defined below) on behalf of the Fund (each, an “Authorized Person”);
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a the Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each The Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a the Fund via email be done so through a secure system or process.
Appears in 2 contracts
Samples: Custody Agreement (Broadstone Real Estate Access Fund), Custody Agreement (Broadstone Real Estate Access Fund, Inc.)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a the Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a the Fund by an Authorized Person;
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized PersonPerson (as hereinafter defined);
(iv) a communication effected through the internet Internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a the Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each The Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a the Fund via email be done so through a secure system or process.
Appears in 2 contracts
Samples: Custody Agreement (Center Coast MLP & Infrastructure Fund), Custody Agreement (Center Coast MLP & Infrastructure Fund)
Instructions. (a) An “" Instruction,” , " as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a the Fund by an Authorized PersonPerson (as hereinafter defined);
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized PersonPerso n;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund (“" Electronic Communication”"); or
(v) other means reasonably acceptable to both parties. Instructions fnstructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above)) , a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s 's receipt of such confirmation. Each Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a Fund via email be done so through a secure system or process.
(b) Special Instructions," as used herein, shall mean Instructions countersigned or confirmed in writing by the Treasurer or any other officer of the Manager or a Fund, which countersignature or confirmation shall be on the same instrument containing the Instructions or on a separate instrument relating thereto.
(c) Instructions and Special Instructions shall be delivered to the Custodian at the address and/or telephone, facsimile transmission or email address agreed upon from time to time by the Custodian and each Fund.
(d) Where appropriate, Instructions and Special Instruction s shall be continuing Instructions.
(e) An Authorized Person shall be responsible for assuring the accuracy and completeness of Instructions. If the Custodian reasonably determines that an Instruction is unclear or incomplete, the Custodian may notify a Fund of such determination , in which case the Fund shall be responsible for delivering to the Custodian an amended Instruction. The Custodian shall have no obligation to take any action until an Authorized Person re-delivers to the Custodian an Instruction that is clear and complete.
(f) The Fund shall be responsible for delivering to the Custodian Instructions or Special Instructions in a timely manner, after considering such factors as the involvement of subcustodians, brokers or agents in a transaction, time zone differences, reasonable industry standards, etc. The Custodian shall have no liability if a Fund delivers Instructions or Special Instructions to the Custodian after any deadline established by the Custodian.
(g) By providing Instructions to acquire or hold Foreign Assets, each Fund shall be deemed to have confirmed to the Custodian that the Fund has considered and accepted responsibility for all Sovereign Risks and Country Risks (as hereinafter defined) associated with investing in a particular country or jurisdiction The term "Foreign Assets", as used herein, shall mean any Asset (including foreign currencies) for which the primary market is outside the United States, and any cash or cash equivalents that are reasonably necessary to effect a Fund' s transactions in those Assets.
(h) The Manager and the Funds acknowledge that where Instructions or Special Instructions require the Custodian to prepare and submit forms, letters or other writings to third parties on behalf of the Manager or Funds, including but not limited to subscription agreements (or any document, however titled, that performs the same function as a subscription agreement, which shall be defined herein as a "Subscription Agreement"), redemption requests, stock transfers and exchanges of cash for Underlying Shares (" Writings"), the Custodian will prepare but not submit such Writings unless and until all required information necessary to complete a Writing has been submitted by an Authorized Person. The Manager agrees to make available Authorized Persons during normal business hours to work with the Custodian and it affiliates to complete such Writings. The Manager and the Funds acknowledge that the Custodian shall not be liable for its obligations with respect to Writings if such failure results from any delay , error, unavailability or inaccuracy in an Instruction or Special Instruction provided by the Manager, a Fund or an Authorized Person. Without limiting the foregoing, the parties agree that: (a) with respect to each subscription for Underlying Shares, a document substantially in the form of Exhibit l (as the Custodian may amend from time to time) shall be attached to each Subscription Agreement by the Custodian; and (b) the accuracy and completeness of all information provided in a Subscription Agreement, investor questionnaire or other similar document for an Underlying Share is the sole responsibility of the Manager and the applicable Fund, and not the Custodian or its affiliates, regardless of whether the Custodian or its affiliates assist in the completion of the Subscription Agreement, investor questionnaire or similar document. In the event that the investment fund rejects a Subscription Agreement and the document in the form of Exhibit 1, Manager and the Fund will be solely responsible for completing a new Subscription Agreement for the Underlying Share. By providing an Instruction or Special Instruction to complete a Subscription Agreement or other such Writing, Manager and the Fund certify that they has read and approved the relevant offering documents and the Subscription Agreement or other Writing required to be submitted to invest in the foregoing investment.
Appears in 1 contract
Instructions. (a) An “"Instruction,” " as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized Person;
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund (“"Electronic Communication”"); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s 's receipt of such confirmation. Each Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a Fund via email be done so through a secure system or process.
(b) Special Instructions," as used herein, shall mean Instructions countersigned or confirmed in writing by the Treasurer or any other officer of a Fund, which countersignature or confirmation shall be on the same instrument containing the Instructions or on a separate instrument relating thereto.
(c) Instructions and Special Instructions shall be delivered to the Custodian at the address and/or telephone, facsimile transmission or email address agreed upon from time to time by the Custodian and each Fund.
(d) Where appropriate, Instructions and Special Instructions shall be continuing Instructions.
(e) An Authorized Person shall be responsible for assuring the accuracy and completeness of Instructions. If the Custodian reasonably determines that an Instruction is unclear or incomplete, the Custodian may notify a Fund of such determination, in which case the Fund shall be responsible for delivering to the Custodian an amended Instruction. The Custodian shall have no obligation to take any action until the Fund re-delivers to the Custodian an Instruction that is clear and complete.
(f) The Fund shall be responsible for delivering to the Custodian Instructions or Special Instructions in a timely manner, after considering such factors as the involvement of subcustodians, brokers or agents in a transaction, time zone differences, reasonable industry standards, etc. The Custodian shall have no liability if a Fund delivers Instructions or Special Instructions to the Custodian after any deadline established by the Custodian.
(g) By providing Instructions to acquire or hold Foreign Assets (as defined in Rule 17f-5(a)(2) under the 1940 Act), each Fund shall be deemed to have confirmed to the Custodian that the Fund has (i) considered and accepted responsibility for all Sovereign Risks and Country Risks (as hereinafter defined) associated with investing in a particular country or jurisdiction, and (ii) made all determinations and provided to shareholders and other investors all disclosures required of registered investment companies by the 1940 Act.
Appears in 1 contract
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized Person;
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions, unless such liability is otherwise the result of Custodian’s gross negligence. The Custodian recommends that any Instructions transmitted by a Fund via email be done so through a secure system or process.
Appears in 1 contract
Samples: Custody Agreement (ABS Global Equity Long/Short RIC)
Instructions. (a) SECTION 4.1. An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund the Company or DST and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a A. A writing manually signed on behalf of a Fund the Company by an Authorized PersonPerson (as hereinafter defined in Section 4.6);
(ii) a B. A telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a C. A communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund the Company that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person (“Electronic Communication”); or
(v) other D. Other means reasonably acceptable to both the parties.
SECTION 4.2. Any Instruction that requests a transfer of funds in the form of a wire, ACH transmission or other electronic means shall be subject to the further requirements of the Master Agreement, including compliance with applicable security procedures. The Company may require review and approval of appropriate documentation prior to the initiation of any transfer of funds, including checks. Subject to the foregoing: Instructions in the form of telephonic or other oral communications shall be confirmed by the appropriate Fund Company or DST by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) Section 4.1.A above), or an Electronic Communication (as set forth in (iv) Section 4.1.C above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such telephonic or other oral Instructions prior to the Custodian’s receipt of such confirmation. Each Fund authorizes The Company and DST authorize the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a Fund the Company or DST via email be done so through a secure system or process.
Appears in 1 contract
Instructions. (a) SECTION 4.1. An “"Instruction,” " as used herein, shall mean a request, direction, instruction or certification initiated by a Fund the Company or DST and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a A. A writing manually signed on behalf of a Fund the Company by an Authorized PersonPerson (as hereinafter defined in Section 4.6);
(ii) a B. A telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a C. A communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund the Company that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person (“"Electronic Communication”"); or
(v) other D. Other means reasonably acceptable to both the parties.
SECTION 4.2. Any Instruction that requests a transfer of funds in the form of a wire, ACH transmission or other electronic means shall be subject to the further requirements of the Master Agreement, including compliance with applicable security procedures. The Company may require review and approval of appropriate documentation prior to the initiation of any transfer of funds, including checks. Subject to the foregoing: Instructions in the form of telephonic or other oral communications shall be confirmed by the appropriate Fund Company or DST by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) Section 4.1.A above), or an Electronic Communication (as set forth in (iv) Section 4.1.C above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such telephonic or other oral Instructions prior to the Custodian’s 's receipt of such confirmation. Each Fund authorizes The Company and DST authorize the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a Fund the Company or DST via email be done so through a secure system or process.
Appears in 1 contract
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized PersonPerson (as hereinafter defined);
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reasonable reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reasonable reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a Fund via email be done so through a secure system or process.
Appears in 1 contract
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized Person;
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;:
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund (“Electronic Communication”); or): or EXECUTION COPY
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a Fund via email be done so through a secure system or process.
Appears in 1 contract
Samples: Custody Agreement (Wildermuth Endowment Strategy Fund)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a the Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a the Fund by an Authorized PersonPerson (as hereinafter defined);
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a the Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each The Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends recommends, but does not require, that any Instructions transmitted by a the Fund via email be done so through a secure system or process. Notwithstanding the foregoing sentence, nothing herein shall prohibit the Custodian from requiring the Fund to transmit email Instructions through a secure system or process if it reasonably determines that it is appropriate to do so and in the best interests of all of its custody clients.
Appears in 1 contract
Samples: Custody Agreement (Feg Absolute Access Tei Fund LLC)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a the Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a the Fund by an Authorized Person;
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a the Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each The Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a the Fund via email be done so through a secure system or process.
Appears in 1 contract
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized PersonPerson (as hereinafterd efined);
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each The Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends recommends, but does not require, that any Instructions transmitted by a Fund via email be done so through a secure system or process.
Appears in 1 contract
Samples: Custody Agreement (Hamilton Lane Private Infrastructure Fund)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized Person;
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;Person (as hereinafter defined); Exhibit (g)
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund (“Electronic Communication”)) that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person; or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions reasonably taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a Fund via email be done so through a secure system or process.
Appears in 1 contract
Samples: Custody Agreement (Gottex Trust)
Instructions. (a) An “"Instruction,” " as used herein, shall mean a request, direction, instruction or certification initiated by a Fund the Trust and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
: (i) a writing manually signed on behalf of a Fund the Trust by an Authorized Person;
; (ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
; (iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;; 2
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund the Trust (“"Electronic Communication”"); or
(v) or other means reasonably acceptable to both parties. .
(v) Instructions in the form of oral communications shall be confirmed by the appropriate Fund Trust by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s 's receipt of such confirmation. Each Fund The Trust authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a Fund the Trust via email be done so through a secure system or process.
(b) Special Instructions," as used herein, shall mean Instructions countersigned or confirmed in writing by the Treasurer or any other officer of the Trust, which countersignature or confirmation shall be on the same instrument containing the Instructions or on a separate instrument relating thereto.
(c) Instructions and Special Instructions shall be delivered to the Custodian at the address and/or telephone, facsimile transmission or email address agreed upon from time to time by the Custodian and the Trust.
(d) Where appropriate, Instructions and Special Instructions shall be continuing Instructions.
(e) An Authorized Person shall be responsible for assuring the accuracy and completeness of Instructions. If the Custodian reasonably determines that an Instruction is unclear or incomplete, the Custodian may notify the Trust of such determination, in which case the Trust shall be responsible for delivering to the Custodian an amended Instruction. The Custodian shall have no obligation to take any action until the Trust re-delivers to the Custodian an Instruction that is clear and complete. (t) The Trust shall be responsible for delivering to the Custodian Instructions or Special Instructions in a timely manner, after considering such factors as the involvement of subcustodians, brokers or agents in a transaction, time zone differences, reasonable industry standards, etc. The Custodian shall have no liability if the Trust delivers Instructions or Special Instructions to the Custodian after any deadline established by the Custodian. (g) By providing Instructions to acquire or hold Foreign Assets (as defined in Rule 17f-S(a)(2) under the 1940 Act), the Trust shall be deemed to have confirmed to the Custodian that the Trust has (i) considered and accepted responsibility for all Sovereign Risks and Country Risks (as hereinafter defmed) associated with investing in a particular country or jurisdiction, and (ii) made all determinations and provided to shareholders and other investors all disclosures required of registered investment companies by the 1940 Act.
Appears in 1 contract
Samples: Custody Agreement (Pear Tree Funds)
Instructions. (a) An “"Instruction,” " as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized Person;
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund (“"Electronic Communication”"); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s 's receipt of such confirmation. Each Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a Fund via email e-mail be done so through a secure system or process.
(b) Special Instructions," as used herein, shall mean Instructions countersigned or confirmed in writing by the Treasurer or any other officer of a Fund , which countersignature or confirmation shall be on the same instrument containing the Instructions or on a separate instrument relating thereto.
(c) Instructions and Special Instructions shall be delivered to the Custodian at the address and/or telephone, facsimile transmission or e-mail address agreed upon from time to time by the Custodian and the Trust or a Fund, as applicable.
(d) Where appropriate, Instructions and Special Instructions shall be continuing Instructions.
(e) An Authorized Person shall be responsible for assuring the accuracy and completeness of Instructions. If the Custodian reasonably determines that an Instruction is unclear or incomplete, the Custodian may notify the relevant Fund of such determination, in which case the Trust or the Fund, as applicable, shall be responsible for delivering to the Custodian an amended Instruction. The Custodian shall have no obligation to take any action until the Fund re-delivers to the Custodian an Instruction that is clear and complete.
(f) The Trust or the relevant Fund, as applicable, shall be responsible for delivering to the Custodian Instructions or Special Instructions in a timely manner, after considering such factors as the involvement of subcustodians, brokers or agents in a transaction, time zone differences, reasonable industry standards, etc. The Custodian shall have no liability if the Trust or the Fund delivers Instructions or Special Instructions to the Custodian after any deadline established by the Custodian, provided that the Custodian did not act, or did not fail to take such an action in contravention of this Agreement, that caused such deadline to be missed.
(g) By providing Instructions to acquire or hold Foreign Assets (as defined in Rule 17f-5(a)(2) under the 1940 Act), each Fund shall be deemed to have confirmed to the Custodian that the Fund has (i) considered and accepted responsibility for all Sovereign Risks and Country Risks (as hereinafter defined) associated with investing in a particular country or jurisdiction, and (ii) made all determinations and provided to shareholders and other investors all disclosures required of registered investment companies by the 1940 Act.
Appears in 1 contract
Instructions. (a) SECTION 4.1. An “"Instruction,” " as used herein, shall mean a request, direction, instruction or certification initiated by a Fund the Company and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a A. A writing manually signed on behalf of a Fund the Company by an Authorized PersonPerson (as hereinafter defined in Section 4.6);
(ii) a B. A telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a C. A facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a D. A communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund the Company that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person (“"Electronic Communication”"); or
(v) other E. Other means reasonably acceptable to both the parties.
SECTION 4.2. Any Instruction that requests a transfer of funds in the form of a wire, ACH transmission or other electronic means shall be subject to the further requirements of the Master Agreement, including compliance with applicable security procedures. The Custodian does not accept facsimile transmissions requesting the transfer of funds. The Company may require review and approval of appropriate documentation prior to the initiation of any transfer of funds, including checks. Subject to the foregoing: Instructions in the form of telephonic or other oral communications shall be confirmed by the appropriate Fund Company by either a writing (as set forth in (i) A above), a facsimile (as set forth in (iii) C above), or an Electronic Communication (as set forth in (iv) D above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such telephonic or other oral Instructions prior to the Custodian’s 's receipt of such confirmation. Each Fund The Company authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a Fund the Company via email be done so through a secure system or process.
Appears in 1 contract
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized PersonPerson (as hereinafter defined);
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication InstructionsInstructions that it believes in good faith to be genuine and to have been properly executed by or on behalf of the applicable Fund. The Custodian recommends that any Instructions transmitted by a Fund via email be done so through a secure system or process.
Appears in 1 contract
Samples: Custody Agreement (Fpa Funds Trust)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a the Fund by an Authorized PersonPerson (as hereinafter defined);
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a the Fund that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reasonable reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each The Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reasonable reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a the Fund via email be done so through a secure system or process.
Appears in 1 contract
Samples: Custody Agreement (NB Crossroads Private Markets Access Fund LLC)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund or properly Authorized Person on behalf of the Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized Person;
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a Fund via email be done so through a secure system or process.
Appears in 1 contract
Samples: Custody Agreement (RENN Fund, Inc.)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized Person;
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack Jxxx of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a Fund via email be done so through a secure system or process.
Appears in 1 contract
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:: EXECUTION COPY
(i) a writing manually signed on behalf of a Fund by an Authorized Person;
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a Fund via email be done so through a secure system or process.
Appears in 1 contract
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a the Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a the Fund by an Authorized Person;
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet Internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a the Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each The Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, subject to compliance with Section 2(a)(iii), the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a the Fund via email be done so through a secure system or process.
Appears in 1 contract
Samples: Custody Agreement (Little Harbor MultiStrategy Composite Fund)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized Person;
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication InstructionsInstructions provided that such facsimile or Electronic Communication bears a signature of an Authorized Person that Custodian has no reason to believe is not authentic. The Custodian recommends that any Instructions transmitted by a Fund via email be done so through a secure system or process.
Appears in 1 contract
Instructions. (a) An “"Instruction,” " as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized Person;
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund (“"Electronic Communication”"); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a Fund via email be done so through a secure system or process.
(b) Special Instructions," as used herein, shall mean Instructions countersigned or confirmed in writing by the Treasurer or any other officer of a Fund , which countersignature or confirmation shall be on the same instrument containing the Instructions or on a separate instrument relating thereto.
(c) Instructions and Special Instructions shall be delivered to the Custodian at the address and/or telephone, facsimile transmission or email address agreed upon from time to time by the Custodian and each Fund.
(d) Where appropriate, Instructions and Special Instructions shall be continuing Instructions.
(e) An Authorized Person shall be responsible for assuring the accuracy and completeness of Instructions. If the Custodian reasonably determines that an Instruction is unclear or incomplete, the Custodian may notify a Fund of such determination, in which case the Fund shall be responsible for delivering to the Custodian an amended Instruction. The Custodian shall have no obligation to take any action until the Fund re-delivers to the Custodian an Instruction that is clear and complete.
(f) The Fund shall be responsible for delivering to the Custodian Instructions or Special Instructions in a timely manner, after considering such factors as the involvement of subcustodians, brokers or agents in a transaction, time zone differences, reasonable industry standards, etc. The Custodian shall have no liability if a Fund delivers Instructions or Special Instructions to the Custodian after any deadline established by the Custodian.
(g) By providing Instructions to acquire or hold Foreign Assets (as defined in Rule 17f-5(a)(2) under the 1940 Act), each Fund shall be deemed to have confirmed to the Custodian that the Fund has (i) considered and accepted responsibility for all Sovereign Risks and Country Risks (as hereinafter defined) associated with investing in a particular country or jurisdiction, and (ii) made all determinations and provided to shareholders and other investors all disclosures required of registered investment companies by the 1940 Act.
Appears in 1 contract
Samples: Custody Agreement (BCM Focus Funds)
Instructions. (a) An “"Instruction,” " as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized Person;
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund Fu nd (“"Electronic Communication”"); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s 's receipt of such confirmation. Each Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a Fund via email be done so through a secure system or process.
(b) Special Instmctions," as used herein, shall mean Instructions countersigned or confirmed in writing by the Treasurer or any other officer of a Fund , which countersignature or confirmation shall be on the same instrument containing the Instrnctions or on a separate instrument relating thereto.
(c) Instrnctions and Special Instructions shall be delivered to the Custodian at the address and/or telephone, facsimile transmission or email address agreed upon from time to time by the Custodian and each Fund.
(d) Where appropriate, Instructions and Special Instruction shall be continuing Instructions.
(e) An Authorized Person shall be responsible for assuring the accuracy and completeness of Instructions. If the Custodian reasonably determines that an Instruction is unclear or incomplete, the Custodian may notify a Fund of such determination, in which case the Fund shall be responsible for delivering to the Custodian an amended Instruction. The Custodian shall have no obligation to take any action until the Fund re-delivers to the Custodian an Instruction that is clear and complete.
(f) The Fund shall be responsible for delivering to the Custodian Instructions or Special Instructions in a timely manner, after considering such factors as the involvement of subcustodians, brokers or agents in a transaction, time zone differences, reasonable industry standards, etc. The Custodian shall have no liability if a Fund delivers Instructions or Special Instructions to the Custodian after any deadline established by the Custodian.
(g) By providing Instructions to acquire or hold Foreign Assets (as defined in Rule l 7f-5(a)(2) under the 1940 Act), each Fund shall be deemed to have confirmed to the Custodian that the Fund has (i) considered and accepted responsibility for all Sovereign Risks and Country Risks (as hereinafter defined) associated with investing in a particular country or jurisdiction, and (ii) made all determinations and provided to shareholders and other investors all disclosures requfred of registered investment companies by the 1940 Act.
Appears in 1 contract
Samples: Custody Agreement (Palmer Square Opportunistic Income Fund)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a the Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a the Fund by an Authorized PersonPerson (as hereinafter defined);
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a the Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions received from an Authorized Person prior to the Custodian’s receipt of such confirmation. Each The Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication InstructionsInstructions that it believes in good faith to be genuine. The Custodian recommends that any Instructions transmitted by a the Fund via email be done so through a secure system or process.
Appears in 1 contract
Samples: Custody Agreement (Calamos Aksia Alternative Credit & Income Fund)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a the Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a the Fund by an Authorized PersonPerson (as hereinafter defined);
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a the Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each The Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a the Fund via email be done so through a secure system or process.
Appears in 1 contract
Samples: Custody Agreement (FEG Directional Access TEI Fund LLC)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a the Fund by an Authorized PersonPerson (as hereinafter defined);
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a Fund via email be done so through a secure system or process.
Appears in 1 contract
Samples: Custody Agreement (Cresset Private Markets Opportunity Fund)
Instructions. (a) An “Instruction,” as used herein, shall mean means a request, direction, instruction or certification initiated by a the Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i1) a writing manually signed on behalf of a the Fund by an Authorized PersonPerson (as defined below);
(ii2) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii3) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv4) a communication effected through the internet or web-based functionality (including without limitation, emails, data files files, and other communications) on behalf of a the Fund (“Electronic Communication”); or
(v5) other means reasonably acceptable to both partiesParties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i1) above), a facsimile (as set forth in (iii3) above), or an Electronic Communication (as set forth in (iv) above)Communication, but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each The Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties Parties acknowledge and agree that, that (A) with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, and (B) with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly. Accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a the Fund via email be done so through a secure system or process.
Appears in 1 contract
Samples: Custody Agreement (Gladstone Alternative Income Fund)
Instructions. (a) An “"Instruction,” " as used herein, shall mean a request, direction, instruction instruction, or certification initiated by a the Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a the Fund by an Authorized PersonPerson (as hereinafter defined);
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a the Fund (“"Electronic Communication”"); , or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s 's receipt of such confirmation. Each The Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a the Fund via email be done so through a secure system or process.
(b) Special Instructions," as used herein, shall mean Instructions countersigned or confirmed in writing by the Treasurer or any other officer of the Fund, which countersignature or confirmation shall be on the same instrument containing the Instructions or on a separate instrument relating thereto.
(c) Instructions and Special Instructions shall be delivered to the Custodian at the address and/or telephone, facsimile transmission or email address agreed upon from time to time by the Custodian and the Fund.
(d) Where appropriate, Instructions and Special Instructions shall be continuing Instructions.
(e) An Authorized Person shall be responsible for assuring the accuracy and completeness of Instructions. If the Custodian reasonably determines that an Instruction is unclear or incomplete, the Custodian may notify the Fund of such determination, in which case the Fund shall be responsible for delivering to the Custodian an amended Instruction. The Custodian shall have no obligation to take any action until the Fund re-delivers to the Custodian an Instruction that is clear and complete.
(f) The Fund shall be responsible for delivering to the Custodian Instructions or Special Instructions in a timely manner, after considering such factors as the involvement of subcustodians, brokers or agents in a transaction, time zone differences, reasonable industry standards, etc. The Custodian shall have no liability if the Fund delivers Instructions or Special Instructions to the Custodian after any deadline established by the Custodian.
(g) By providing Instructions to acquire or hold Foreign Assets (as defined in Rule 17f-5(a)(2) under the 1940 Act), the Fund shall be deemed to have confirmed to the Custodian that the Fund has (i) considered and accepted responsibility for all Sovereign Risks and Country Risks (as hereinafter defined) associated with investing in a particular country or jurisdiction, and (ii) made all determinations and provided to shareholders and other investors all disclosures required of the 1940 Act. The term "Foreign Assets", as used herein, shall mean any Asset (including foreign currencies) for which the primary market is outside the United States, and any cash or cash equivalents that are reasonably necessary to effect the Fund's transactions in those Assets.
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Instructions. a. Agent shall provide Issuer through Issuer’s Authorized Representatives and Delegates access to Agent’s issuing and paying agency system or other electronic means (a) An “Instruction,” as used hereincollectively, shall mean a requestthe “ System”), direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any following completion of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized Person;
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files IPA Port and other communications) on behalf of a Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions Online Trust & Custody Enrollment Application in the form of oral Exhibit F hereto, in order that Agent may receive Instructions for the issuance of Notes and which Instructions shall constitute the giving of a duly authorized written and signed instruction which Agent may act upon in accordance with Section 5(e). The term “Instructions” shall mean a communication, purporting to be from an Authorized Representative or Delegate, via the System, in accordance with the Program Schedule as completed and executed by the Issuer. If the System is inoperable or inaccessible at any time, an Authorized Representative or Delegate may deliver written, faxed, oral, or electronically transmitted communications to the Agent, and in such event, the term “Instructions” shall mean such communication, purporting to be from an Authorized Representative or Delegate, which instructions shall be confirmed verified in accordance with any security procedures agreed upon by the appropriate Fund parties or, in accordance with the following sent by either a writing (as set forth unsecured email or provided telephonically. Agent may in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such its absolute discretion accept oral Instructions prior to transmitted telephonically provided Agent believes in good faith that the Custodian’s receipt of such confirmationInstructions are genuine. Each Fund authorizes the Custodian to record any and all telephonic or other If oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimileare received, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed andRepresentative or Delegate shall promptly, with respect to and within no more than 24 hours, confirm such Instructions transmitted in writing or by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian other means permitted hereunder. Agent shall have no liability as a result and Issuer will hold Agent harmless for failure of actions taken in reliance on unauthorized facsimile an Authorized Representative or Electronic Communication InstructionsDelegate to send such confirmation or the failure of such confirmation to conform to the telephone Instructions received. The Custodian recommends Issuer consents to the recording of any telephone communications with Agent, and agrees that any Instructions transmitted by a Fund via email be done so through a secure system Agent need not solicit such consent or processremind the caller of such recording at each such communication.
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Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a the Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a the Fund by an Authorized Person;
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet Internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a the Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each The Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a the Fund via email be done so through a secure system or process.
Appears in 1 contract
Samples: Custody Agreement (Bluestone Community Development Fund)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund the Company and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund the Company by an Authorized PersonPerson (as hereinafter defined);
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund the Company (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund Company by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each Fund The Company authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a Fund the Company via email be done so through a secure system or process.
Appears in 1 contract
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a and authorized officer of the Fund or its investment adviser and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a the Fund by an Authorized Person;
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet Internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a the Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each The Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a the Fund via email be done so through a secure system or process.
Appears in 1 contract
Samples: Custody Agreement (Archstone Alternative Solutions Fund)
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a the Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a the Fund by an Authorized Person;
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a the Fund (“Electronic Communication”); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each The Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication InstructionsInstructions as set forth in (iii) and (iv), respectively, above. The Custodian recommends that any Instructions transmitted by a the Fund via email be done so through a secure system or process.
Appears in 1 contract
Instructions. (a) An “Instruction,” as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized PersonPerson (as hereinafter defined);
(ii) during a disaster recovery situation, a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund (“Electronic Communication”); or
(viv) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iviii) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s receipt of such confirmation. Each The Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends that any Instructions transmitted by a Fund via email be done so through a secure system or process.
Appears in 1 contract
Samples: Custody Agreement (Callodine Specialty Income Fund)
Instructions. (a) An “"Instruction,” " as used herein, shall mean a request, direction, instruction or certification initiated by a Fund and conforming to the terms of this paragraph. An Instruction may be transmitted to the Custodian by any of the following means:
(i) a writing manually signed on behalf of a Fund by an Authorized PersonPerson (as hereinafter defined);
(ii) a telephonic or other oral communication from a person the Custodian reasonably believes to be an Authorized Person;
(iii) a facsimile transmission that the Custodian reasonably believes has been signed or otherwise originated by an Authorized Person;
(iv) a communication effected through the internet or web-based functionality (including without limitation, emails, data files and other communications) on behalf of a Fund (“"Electronic Communication”"); or
(v) other means reasonably acceptable to both parties. Instructions in the form of oral communications shall be confirmed by the appropriate Fund by either a writing (as set forth in (i) above), a facsimile (as set forth in (iii) above), or an Electronic Communication (as set forth in (iv) above), but the lack of such confirmation shall in no way affect any action taken by the Custodian in reliance upon such oral Instructions prior to the Custodian’s 's receipt of such confirmation. Each Fund authorizes the Custodian to record any and all telephonic or other oral Instructions communicated to the Custodian. The parties acknowledge and agree that, with respect to Instructions transmitted by facsimile, the Custodian cannot verify that the signature of an Authorized Person has been properly affixed and, with respect to Instructions transmitted by an Electronic Communication, the Custodian cannot verify that the Electronic Communication has been initiated by an Authorized Person; accordingly, the Custodian shall have no liability as a result of actions taken in reliance on unauthorized facsimile or Electronic Communication Instructions. The Custodian recommends recommends, but does not require, that any Instructions transmitted by a Fund via email be done so through a secure system or process.
(b) Special Instructions," as used herein, shall mean Instructions countersigned or confirmed in writing by any officer of a Fund or any other person designated in a written notice by any officer of such Fund (which notice shall be delivered to the Custodian prior to the countersignature or confirmation of an Instruction by such person), which countersignature or confirmation shall be on the same instrument containing the Instructions or on a separate instrument relating thereto.
(c) Instructions and Special Instructions shall be delivered to the Custodian at the address and/or telephone number, facsimile transmission number or email address agreed upon from time to time by the Custodian and each Fund.
(d) Where appropriate, Instructions and Special Instructions shall be continuing Instructions.
(e) An Authorized Person shall be responsible for assuring the accuracy and completeness of Instructions. If the Custodian reasonably determines that an Instruction is unclear or incomplete, the Custodian may notify a Fund of such determination, in which case the Fund shall be responsible for delivering to the Custodian an amended Instruction. The Custodian shall have no obligation to take any action until the Fund re-delivers to the Custodian an Instruction that is clear and complete.
(f) The Fund shall be responsible for delivering to the Custodian Instructions or Special Instructions in a timely manner, after considering such factors as the involvement of subcustodians, brokers or agents in a transaction, time zone differences, reasonable industry standards, etc. The Custodian shall have no liability if a Fund delivers Instructions or Special Instructions to the Custodian after any reasonable deadline established by the Custodian.
Appears in 1 contract