Common use of Insured Depositories Clause in Contracts

Insured Depositories. Your monthly account statement will indicate the Insured Depositories in which your FFB Account funds have been deposited. Each Insured Depository is a separate federally insured depository institution. If you do not wish to have your FFB Account funds deposited into any specific Insured Depository, you must identify those institutions to StoneCastle using the Insured Depository Exclusion Form provided to you with the FFB Account opening documents. You are responsible for providing the completed Insured Depository Exclusion Disclosure to StoneCastle. StoneCastle in turn will be responsible for giving instruction to the FFB Custodian. StoneCastle will not direct any of your FFB Account funds into any such Insured Depository that you have elected to exclude unless you notify StoneCastle in writing that such exclusion request is no longer in effect. The FFB Custodian will have no responsibility or liability with respect to the selection, investigation or evaluation of any Insured Depository, and shall have no liability for the actions or omissions of StoneCastle or any Insured Depository. The FFB Custodian shall not be under any duty to investigate or reconcile (whether against your instruction to StoneCastle or otherwise) any instruction it receives from StoneCastle. Amounts in your FFB Account along with funds from other FFB Depositors will be deposited by the FFB Custodian at the direction of StoneCastle into one or more Depository Accounts at multiple Insured Depositories. The Depository Account(s) at each Insured Depository will be named as follows (or in a substantially similar manner): “U.S. Bank National Association [or name of Sub-Custodian] as custodian for persons or entities who are listed on its records, each acting for itself and on behalf of others.” Each Sub-Custodian will act as sub-custodian for the FFB Custodian which acts as custodian for the FFB Depositors. In the event of the failure of an Insured Depository, where the deposits are not assumed by another Insured Depository, StoneCastle will promptly submit an insurance claim to the FDIC on behalf of the FFB Depositors who have amounts on deposit through one or more Depository Accounts at the Insured Depository. During the time your insurance claim is being processed by the FDIC, you will not have access to the funds that you had on deposit with such Insured Depository. StoneCastle selects the Insured Depositories for the FFB Program. StoneCastle may, in its discretion, include additional Insured Depositories in the FFB Program, remove Insured Depositories from the FFB Program, allocate balances between Insured Depositories and determine the amounts and order of deposits into Insured Depositories, in each case in its sole discretion. A Depository Account under the FFB Program is not covered by SIPC. SIPC is a non-profit member corporation funded primarily by member securities brokerage firms registered with the SEC. SIPC provides protection against risks to clients of member brokerage firms in the event of the failure of that member firm, but SIPC does not guarantee bank deposits. For more information about SIPC, see xxx.xxxx.xxx. In the event that an Insured Depository rejects additional deposits, or decides to return funds to the applicable Sub- Custodian or the FFB Custodian (or closes the Depository Accounts at the Insured Depository entirely), or StoneCastle decides to withdraw funds in whole or in part from an Insured Depository, StoneCastle will direct the FFB Custodian to transfer such funds to one or more other Insured Depositories. See Section 5 “Transfers and Interest” above. IN THE EVENT OF A FINANCIAL FAILURE OF ANY INSURED DEPOSITORY, NEITHER STONECASTLE NOR THE FFB CUSTODIAN SHALL HAVE ANY LIABILITY FOR ANY LOSSES THAT MAY RESULT. THE FFB CUSTODIAN AND STONECASTLE WILL COOPERATE IN SUBMITTING CLAIMS TO THE FDIC WITH RESPECT TO, BUT ARE IS NOT UNDER ANY DUTY OR OBLIGATION TO UNDERTAKE LEGAL ACTION AGAINST, ANY SUCH INSURED DEPOSITORY (WHETHER IN THE EVENT OF ITS FINANCIAL FAILURE, INSOLVENCY, RECEIVERSHIP, CONSERVATORSHIP, OR OTHERWISE).

Appears in 2 contracts

Samples: Fica for Banks Account Custody Agreement, Fica for Banks Account Custody Agreement

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Insured Depositories. Your monthly account statement will indicate the Insured Depositories in which your FFB AMMA Account funds have been deposited. Each Insured Depository is a separate federally insured depository institution. If you do or your customer does not wish to have your FFB AMMA Account funds deposited into any specific Insured Depository, you must identify those institutions to StoneCastle using the Insured Depository Exclusion Form Disclosure form provided to you with the FFB AMMA Custody Account opening documentsAgreement. You are responsible for providing the completed Insured Depository Exclusion Disclosure to StoneCastle. StoneCastle in turn will be responsible for giving instruction to the FFB Custodian. StoneCastle will not direct any of your FFB the applicable AMMA Account funds into any such Insured Depository that you have elected to exclude unless you notify StoneCastle in writing that such exclusion request is no longer in effect. The FFB Custodian will have no responsibility or liability with respect to the selection, investigation or evaluation of any Insured Depository, and shall have no liability for the actions or omissions of StoneCastle or any Insured Depository. The FFB Custodian shall not be under any duty to investigate or reconcile (whether against your instruction to StoneCastle or otherwise) any instruction it receives from StoneCastle. Amounts in your FFB AMMA Account along with funds from other FFB AMMA Depositors will be deposited by the FFB AMMA Custodian at the direction of StoneCastle into one or more Depository Accounts at multiple Insured Depositories. The Depository Account(s) at each Insured Depository will be named as follows (or in a substantially similar manner): “U.S. Bank National Association [or name of SubNAME OF SUB-Custodian] CUSTODIAN]” as custodian for persons or entities who are listed on its records, each acting for itself and on behalf of others.” Each Sub-Custodian will act as sub-custodian for the FFB AMMA Custodian which acts as custodian Custodian for the FFB AMMA Depositors. In the event of the failure of an Insured Depository, where the deposits are not assumed by another Insured Depository, StoneCastle will promptly cause the Sub-Custodian to submit an insurance claim to the FDIC on behalf of the FFB AMMA Depositors who have amounts on deposit through one or more Depository Accounts at the Insured Depository. During the time your insurance claim is being processed by the FDIC, you will not have access to the funds that you had on deposit with such Insured Depository. Depository StoneCastle selects the Insured Depositories for the FFB AMMA Program. StoneCastle may, in its discretion, include additional Insured Depositories in the FFB AMMA Program, remove Insured Depositories from the FFB AMMA Program, allocate balances between Insured Depositories and determine the amounts and order of deposits into Insured Depositories, in each case in its sole discretion. A Depository Account under the FFB Program is not covered by SIPC. SIPC is a non-profit member corporation funded primarily by member securities brokerage firms registered with the SEC. SIPC provides protection against risks to clients of member brokerage firms in the event of the failure of that member firm, but SIPC does not guarantee bank deposits. For more information about SIPC, see xxx.xxxx.xxx. In the event that an Insured Depository rejects additional deposits, or decides to return funds to the applicable Sub- Custodian or the FFB AMMA Custodian (or closes the Depository Accounts at the Insured Depository entirely), or StoneCastle decides to withdraw funds in whole or in part from an Insured Depository, StoneCastle will direct the FFB AMMA Custodian to transfer such funds to one or more other Insured Depositories. See Section 5 4 “Transfers and Interest” above. IN THE EVENT OF A FINANCIAL FAILURE OF ANY INSURED DEPOSITORYPursuant to federal regulations, NEITHER STONECASTLE NOR THE FFB CUSTODIAN SHALL HAVE ANY LIABILITY FOR ANY LOSSES THAT MAY RESULT. THE FFB CUSTODIAN AND STONECASTLE WILL COOPERATE IN SUBMITTING CLAIMS TO THE FDIC WITH RESPECT TO, BUT ARE IS NOT UNDER ANY DUTY OR OBLIGATION TO UNDERTAKE LEGAL ACTION AGAINST, ANY SUCH INSURED DEPOSITORY Insured Depositories may exercise the right to require seven (WHETHER IN THE EVENT OF ITS FINANCIAL FAILURE, INSOLVENCY, RECEIVERSHIP, CONSERVATORSHIP, OR OTHERWISE)7) days’ notice before permitting a transfer of funds out of a Depository Account.

Appears in 1 contract

Samples: Amma Custody Account Agreement

Insured Depositories. Your monthly account statement will indicate the Insured Depositories in which your FFB Account funds have been deposited. Each Insured Depository is a separate federally insured depository institution. If you do or your customer does not wish to have your FFB Account funds deposited into any specific Insured Depository, you must identify those institutions to StoneCastle using the Insured Depository Exclusion Form Disclosure form provided to you with the FFB Account opening documentsCustody Agreement. You are responsible for providing the completed Insured Depository Exclusion Disclosure to StoneCastle. StoneCastle in turn will be responsible for giving instruction to the FFB Custodian. StoneCastle will not direct any of your FFB the applicable Account funds into any such Insured Depository that you have elected to exclude unless you notify StoneCastle in writing that such exclusion request is no longer in effect. The FFB Custodian will have no responsibility or liability with respect to the selection, investigation or evaluation of any Insured Depository, and shall have no liability for the actions or omissions of StoneCastle or any Insured Depository. The FFB Custodian shall not be under any duty to investigate or reconcile (whether against your instruction to StoneCastle or otherwise) any instruction it receives from StoneCastle. Amounts in your FFB Account along with funds from other FFB Account Depositors will be deposited by the FFB Account Custodian at the direction of StoneCastle into one or more Depository Accounts at multiple Insured Depositories. The Depository Account(s) at each Insured Depository will be named as follows (or in a substantially similar manner): “U.S. Bank National Association [or name of SubNAME OF SUB-Custodian] CUSTODIAN]” as custodian for persons or entities who are listed on its records, each acting for itself and on behalf of others.” Each Sub-Custodian will act as sub-custodian for the FFB Account Custodian which acts as custodian Custodian for the FFB Depositors. In the event of the failure of an Insured Depository, where the deposits are not assumed by another Insured Depository, StoneCastle will promptly cause the Sub-Custodian to submit an insurance claim to the FDIC on behalf of the FFB Depositors who have amounts on deposit through one or more Depository Accounts at the Insured Depository. During the time your insurance claim is being processed by the FDIC, you will not have access to the funds that you had on deposit with such Insured Depository. Depository StoneCastle selects the Insured Depositories for the FFB Programall Account participants. StoneCastle may, in its discretion, include additional Insured Depositories in the FFB Programfor all Account participants, remove Insured Depositories from the FFB Programbeing available to Account participants, allocate balances between Insured Depositories and determine the amounts and order of deposits into Insured Depositories, in each case in its sole discretion. A Depository Account under the FFB Program is not covered by SIPC. SIPC is a non-profit member corporation funded primarily by member securities brokerage firms registered with the SEC. SIPC provides protection against risks to clients of member brokerage firms in the event of the failure of that member firm, but SIPC does not guarantee bank deposits. For more information about SIPC, see xxx.xxxx.xxx. In the event that an Insured Depository rejects additional deposits, or decides to return funds to the applicable Sub- Custodian or the FFB Account Custodian (or closes the Depository Accounts at the Insured Depository entirely), or StoneCastle decides to withdraw funds in whole or in part from an Insured Depository, StoneCastle will direct the FFB Account Custodian to transfer such funds to one or more other Insured Depositories. See Section 5 4 “Transfers and Interest” above. IN THE EVENT OF A FINANCIAL FAILURE OF ANY INSURED DEPOSITORYPursuant to federal regulations, NEITHER STONECASTLE NOR THE FFB CUSTODIAN SHALL HAVE ANY LIABILITY FOR ANY LOSSES THAT MAY RESULT. THE FFB CUSTODIAN AND STONECASTLE WILL COOPERATE IN SUBMITTING CLAIMS TO THE FDIC WITH RESPECT TO, BUT ARE IS NOT UNDER ANY DUTY OR OBLIGATION TO UNDERTAKE LEGAL ACTION AGAINST, ANY SUCH INSURED DEPOSITORY Insured Depositories may exercise the right to require seven (WHETHER IN THE EVENT OF ITS FINANCIAL FAILURE, INSOLVENCY, RECEIVERSHIP, CONSERVATORSHIP, OR OTHERWISE)7) days’ notice before permitting a transfer of funds out of a Depository Account.

Appears in 1 contract

Samples: Fica for Banks Custody Agreement

Insured Depositories. Your monthly account statement will indicate the Insured Depositories in which your FFB FICA Account funds have been deposited. Each Insured Depository is a separate federally insured depository institution. If you do not wish to have your FFB FICA Account funds deposited into any specific Insured Depository, you must identify those institutions to StoneCastle using the Insured Depository Exclusion Form provided to you with the FFB FICA Account opening documents. You are responsible for providing the completed Insured Depository Exclusion Disclosure to StoneCastle. StoneCastle in turn will be responsible for giving instruction to the FFB FICA Custodian. StoneCastle will not direct any of your FFB FICA Account funds into any such Insured Depository that you have elected to exclude unless you notify StoneCastle in writing that such exclusion request is no longer in effect. The FFB FICA Custodian will have no responsibility or liability with respect to the selection, investigation or evaluation of any Insured Depository, and shall have no liability for the actions or omissions of StoneCastle or any Insured Depository. The FFB FICA Custodian shall not be under any duty to investigate or reconcile (whether against your instruction to StoneCastle or otherwise) any instruction it receives from StoneCastle. Amounts in your FFB FICA Account along with funds from other FFB FICA Depositors will be deposited by the FFB FICA Custodian at the direction of StoneCastle into one or more Depository Accounts at multiple Insured Depositories. The Depository Account(s) at each Insured Depository will be named as follows (or in a substantially similar manner): “U.S. Bank National Association [or name of Sub-Custodian] as custodian for persons or entities who are listed on its records, each acting for itself and on behalf of others.” Each Sub-Custodian will act as sub-custodian for the FFB FICA Custodian which acts as custodian for the FFB FICA Depositors. In the event of the failure of an Insured Depository, where the deposits are not assumed by another Insured Depository, StoneCastle will promptly submit an insurance claim to the FDIC or NCUA (as applicable) on behalf of the FFB FICA Depositors who have amounts on deposit through one or more Depository Accounts at the Insured Depository. During the time your insurance claim is being processed by the FDICFDIC or NCUA, you will not have access to the funds that you had on deposit with such Insured Depository. StoneCastle selects the Insured Depositories for the FFB FICA Program. StoneCastle may, in its discretion, include additional Insured Depositories in the FFB FICA Program, remove Insured Depositories from the FFB FICA Program, allocate balances between Insured Depositories and determine the amounts and order of deposits into Insured Depositories, in each case in its sole discretion. Deposits placed for your FICA Account with a federally insured credit union will not result in your becoming a member of the credit union. A Depository Account under the FFB FICA Program is not covered by SIPC. SIPC is a non-profit member corporation funded primarily by member securities brokerage firms registered with the SEC. SIPC provides protection against risks to clients of member brokerage firms in the event of the failure of that member firm, but SIPC does not guarantee bank deposits. For more information about SIPC, see xxx.xxxx.xxx. In the event that an Insured Depository rejects additional deposits, or decides to return funds to the applicable Sub- Custodian or the FFB FICA Custodian (or closes the Depository Accounts at the Insured Depository entirely), or StoneCastle decides to withdraw funds in whole or in part from an Insured Depository, StoneCastle will direct the FFB FICA Custodian to transfer such funds to one or more other Insured Depositories. See Section 5 “Transfers and Interest” above. IN THE EVENT OF A FINANCIAL FAILURE OF ANY INSURED DEPOSITORY, NEITHER STONECASTLE NOR THE FFB FICA CUSTODIAN SHALL HAVE ANY LIABILITY FOR ANY LOSSES THAT MAY RESULT. THE FFB FICA CUSTODIAN AND STONECASTLE WILL COOPERATE IN SUBMITTING CLAIMS TO THE FDIC OR NCUA, AS APPLICABLE, ON YOUR BEHALF WITH RESPECT TO, BUT ARE IS NOT UNDER ANY DUTY OR OBLIGATION TO UNDERTAKE LEGAL ACTION AGAINST, ANY SUCH INSURED DEPOSITORY (WHETHER IN THE EVENT OF ITS FINANCIAL FAILURE, INSOLVENCY, RECEIVERSHIP, CONSERVATORSHIP, OR OTHERWISE).

Appears in 1 contract

Samples: Account Custody Agreement

Insured Depositories. Your monthly account statement will indicate the Insured Depositories in which your FFB FICA Account funds have been deposited. Each Insured Depository is a separate federally insured depository institution. If you do not wish to have your FFB FICA Account funds deposited into any specific Insured Depository, you must identify those institutions to StoneCastle using the Insured Depository Exclusion Form provided to you with the FFB FICA Account opening documents. You are responsible for providing the completed Insured Depository Exclusion Disclosure to StoneCastle. StoneCastle in turn will be responsible for giving instruction to the FFB FICA Custodian. StoneCastle will not direct any of your FFB FICA Account funds into any such Insured Depository that you have elected to exclude unless you notify StoneCastle in writing that such exclusion request is no longer in effect. The FFB FICA Custodian will have no responsibility or liability with respect to the selection, investigation or evaluation of any Insured Depository, and shall have no liability for the actions or omissions of StoneCastle or any Insured Depository. The FFB FICA Custodian shall not be under any duty to investigate or reconcile (whether against your instruction to StoneCastle or otherwise) any instruction it receives from StoneCastle. Amounts in your FFB FICA Account along with funds from other FFB FICA Depositors will be deposited by the FFB FICA Custodian at the direction of StoneCastle into one or more Depository Accounts at multiple Insured Depositories. The Depository Account(s) at each Insured Depository will be named as follows (or in a substantially similar manner): “U.S. Bank National Association [or name of Sub-Custodian] as custodian for persons or entities who are listed on its records, each acting for itself and on behalf of others.” Each Sub-Custodian will act as sub-custodian for the FFB FICA Custodian which acts as custodian for the FFB FICA Depositors. In the event of the failure of an Insured Depository, where the deposits are not assumed by another Insured Depository, StoneCastle will promptly submit an insurance claim to the FDIC on behalf of the FFB FICA Depositors who have amounts on deposit through one or more Depository Accounts at the Insured Depository. During the time your insurance claim is being processed by the FDIC, you will not have access to the funds that you had on deposit with such Insured Depository. StoneCastle selects the Insured Depositories for the FFB FICA Program. StoneCastle may, in its discretion, include additional Insured Depositories in the FFB FICA Program, remove Insured Depositories from the FFB FICA Program, allocate balances between Insured Depositories and determine the amounts and order of deposits into Insured Depositories, in each case in its sole discretion. A Depository Account under the FFB FICA Program is not covered by SIPC. SIPC is a non-profit member corporation funded primarily by member securities brokerage firms registered with the SEC. SIPC provides protection against risks to clients of member brokerage firms in the event of the failure of that member firm, but SIPC does not guarantee bank deposits. For more information about SIPC, see xxx.xxxx.xxx. In the event that an Insured Depository rejects additional deposits, or decides to return funds to the applicable Sub- Custodian or the FFB FICA Custodian (or closes the Depository Accounts at the Insured Depository entirely), or StoneCastle decides to withdraw funds in whole or in part from an Insured Depository, StoneCastle will direct the FFB FICA Custodian to transfer such funds to one or more other Insured Depositories. See Section 5 “Transfers and Interest” above. IN THE EVENT OF A FINANCIAL FAILURE OF ANY INSURED DEPOSITORY, NEITHER STONECASTLE NOR THE FFB FICA CUSTODIAN SHALL HAVE ANY LIABILITY FOR ANY LOSSES THAT MAY RESULT. THE FFB FICA CUSTODIAN AND STONECASTLE WILL COOPERATE IN SUBMITTING CLAIMS TO THE FDIC WITH RESPECT TO, BUT ARE IS NOT UNDER ANY DUTY OR OBLIGATION TO UNDERTAKE LEGAL ACTION AGAINST, ANY SUCH INSURED DEPOSITORY (WHETHER IN THE EVENT OF ITS FINANCIAL FAILURE, INSOLVENCY, RECEIVERSHIP, CONSERVATORSHIP, OR OTHERWISE).

Appears in 1 contract

Samples: Fica Account Custody Agreement

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Insured Depositories. Your monthly account statement will indicate the Insured Depositories in which your FFB Account funds have been deposited. Each Insured Depository is a separate federally insured depository institution. If you do or your customer does not wish to have your FFB Account funds deposited into any specific Insured Depository, you must identify those institutions to StoneCastle using the Insured Depository Exclusion Form Disclosure form provided to you with the FFB Account opening documentsCustody Agreement. You are responsible for providing the completed Insured Depository Exclusion Disclosure to StoneCastle. StoneCastle in turn will be responsible for giving instruction to the FFB Custodian. StoneCastle will not direct any of your FFB the applicable Account funds into any such Insured Depository that you have elected to exclude unless you notify StoneCastle in writing that such exclusion request is no longer in effect. The FFB Custodian will have no responsibility or liability with respect to the selection, investigation or evaluation of any Insured Depository, and shall have no liability for the actions or omissions of StoneCastle or any Insured Depository. The FFB Custodian shall not be under any duty to investigate or reconcile (whether against your instruction to StoneCastle or otherwise) any instruction it receives from StoneCastle. Amounts in your FFB Account along with funds from other FFB Account Depositors will be deposited by the FFB Account Custodian at the direction of StoneCastle into one or more Depository Accounts at multiple Insured Depositories. The Depository Account(s) at each Insured Depository will be named as follows (or in a substantially similar manner): “U.S. Bank National Association [or name of SubNAME OF SUB-Custodian] CUSTODIAN]” as custodian for persons or entities who are listed on its records, each acting for itself and on behalf of others.” Each Sub-Custodian will act as sub-custodian for the FFB Account Custodian which acts as custodian Custodian for the FFB Account Depositors. In the event of the failure of an Insured Depository, where the deposits are not assumed by another Insured Depository, StoneCastle will promptly cause the Sub-Custodian to submit an insurance claim to the FDIC on behalf of the FFB Account Depositors who have amounts on deposit through one or more Depository Accounts at the Insured Depository. During the time your insurance claim is being processed by the FDIC, you will not have access to the funds that you had on deposit with such Insured Depository. Depository StoneCastle selects the Insured Depositories for the FFB Programall Account participants. StoneCastle may, in its discretion, include additional Insured Depositories in the FFB Programfor all Account participants, remove Insured Depositories from the FFB Programbeing available to Account participants, allocate balances between Insured Depositories and determine the amounts and order of deposits into Insured Depositories, in each case in its sole discretion. A Depository Account under the FFB Program is not covered by SIPC. SIPC is a non-profit member corporation funded primarily by member securities brokerage firms registered with the SEC. SIPC provides protection against risks to clients of member brokerage firms in the event of the failure of that member firm, but SIPC does not guarantee bank deposits. For more information about SIPC, see xxx.xxxx.xxx. In the event that an Insured Depository rejects additional deposits, or decides to return funds to the applicable Sub- Custodian or the FFB Account Custodian (or closes the Depository Accounts at the Insured Depository entirely), or StoneCastle decides to withdraw funds in whole or in part from an Insured Depository, StoneCastle will direct the FFB Account Custodian to transfer such funds to one or more other Insured Depositories. See Section 5 4 “Transfers and Interest” above. IN THE EVENT OF A FINANCIAL FAILURE OF ANY INSURED DEPOSITORYPursuant to federal regulations, NEITHER STONECASTLE NOR THE FFB CUSTODIAN SHALL HAVE ANY LIABILITY FOR ANY LOSSES THAT MAY RESULT. THE FFB CUSTODIAN AND STONECASTLE WILL COOPERATE IN SUBMITTING CLAIMS TO THE FDIC WITH RESPECT TO, BUT ARE IS NOT UNDER ANY DUTY OR OBLIGATION TO UNDERTAKE LEGAL ACTION AGAINST, ANY SUCH INSURED DEPOSITORY Insured Depositories may exercise the right to require seven (WHETHER IN THE EVENT OF ITS FINANCIAL FAILURE, INSOLVENCY, RECEIVERSHIP, CONSERVATORSHIP, OR OTHERWISE)7) days’ notice before permitting a transfer of funds out of a Depository Account.

Appears in 1 contract

Samples: Custody Agreement

Insured Depositories. Your monthly account statement will indicate the Insured Depositories in which your FFB FICA Account funds have been deposited. Each Insured Depository is a separate federally insured depository institution. If you do not wish to have your FFB FICA Account funds deposited into any specific Insured Depository, you must identify those institutions to StoneCastle using the Insured Depository Exclusion Form provided to you with the FFB FICA Account opening documents. You are responsible for providing the completed Insured Depository Exclusion Disclosure to StoneCastle. StoneCastle in turn will be responsible for giving instruction to the FFB Custodian. StoneCastle will not direct any of your FFB FICA Account funds into any such Insured Depository that you have elected to exclude unless you notify StoneCastle in writing that such exclusion request is no longer in effect. The FFB Custodian will have no responsibility or liability with respect to the selection, investigation or evaluation of any Insured Depository, and shall have no liability for the actions or omissions of StoneCastle or any Insured Depository. The FFB Custodian shall not be under any duty to investigate or reconcile (whether against your instruction to StoneCastle or otherwise) any instruction it receives from StoneCastle. Amounts in your FFB FICA Account along with funds from other FFB FICA Depositors will be deposited by the FFB FICA Custodian at the direction of StoneCastle into one or more Depository Accounts at multiple Insured Depositories. The Depository Account(s) at each Insured Depository will be named as follows (or in a substantially similar manner): “U.S. Bank National Association [or name of SubNAME OF SUB-CustodianCUSTODIAN] as custodian for persons or entities who are listed on its records, each acting for itself and on behalf of others.” Each Sub-Custodian will act as sub-custodian for the FFB FICA Custodian which acts as custodian Custodian for the FFB FICA Depositors. In the event of the failure of an Insured Depository, where the deposits are not assumed by another Insured Depository, StoneCastle will promptly cause the Sub-Custodian to submit an insurance claim to the FDIC on behalf of the FFB FICA Depositors who have amounts on deposit through one or more Depository Accounts at the Insured Depository. During the time your insurance claim is being processed by the FDIC, you will not have access to the funds that you had on deposit with such Insured Depository. StoneCastle selects the Insured Depositories for the FFB FICA Program. StoneCastle may, in its discretion, include additional Insured Depositories in the FFB FICA Program, remove Insured Depositories from the FFB FICA Program, allocate balances between Insured Depositories and determine the amounts and order of deposits into Insured Depositories, in each case in its sole discretion. A Depository Account under the FFB Program is not covered by SIPC. SIPC is a non-profit member corporation funded primarily by member securities brokerage firms registered with the SEC. SIPC provides protection against risks to clients of member brokerage firms in the event of the failure of that member firm, but SIPC does not guarantee bank deposits. For more information about SIPC, see xxx.xxxx.xxx. In the event that an Insured Depository rejects additional deposits, or decides to return funds to the applicable Sub- Custodian or the FFB FICA Custodian (or closes the Depository Accounts at the Insured Depository entirely), or StoneCastle XxxxxXxxxxx decides to withdraw funds in whole or in part from an Insured Depository, StoneCastle will direct the FFB FICA Custodian to transfer such funds to one or more other Insured Depositories. See Section 5 4 “Transfers and Interest” above. IN THE EVENT OF A FINANCIAL FAILURE OF ANY INSURED DEPOSITORYPursuant to federal regulations, NEITHER STONECASTLE NOR THE FFB CUSTODIAN SHALL HAVE ANY LIABILITY FOR ANY LOSSES THAT MAY RESULT. THE FFB CUSTODIAN AND STONECASTLE WILL COOPERATE IN SUBMITTING CLAIMS TO THE FDIC WITH RESPECT TO, BUT ARE IS NOT UNDER ANY DUTY OR OBLIGATION TO UNDERTAKE LEGAL ACTION AGAINST, ANY SUCH INSURED DEPOSITORY Insured Depositories may exercise the right to require seven (WHETHER IN THE EVENT OF ITS FINANCIAL FAILURE, INSOLVENCY, RECEIVERSHIP, CONSERVATORSHIP, OR OTHERWISE)7) days’ notice before permitting a transfer of funds out of a Depository Account.

Appears in 1 contract

Samples: Account Custody Agreement

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