Common use of Liability for Payment in Advance of Receipt of Securities Clause in Contracts

Liability for Payment in Advance of Receipt of Securities. PURCHASED In any and every case where payment for purchase of securities for the account of the Fund is made by the Custodian in advance of receipt of the securities purchased in the absence of specific written instructions signed by two officers of the Fund to so pay in advance, the Custodian shall be absolutely liable to the Fund for such securities to the same extent as if the securities had been received by the Custodian; EXCEPT that in the case of a repurchase agreement entered into by the Fund with a bank which is a member of the Federal Reserve System, the Custodian may transfer funds to the account of such bank prior to the receipt of (i) the securities in certificate form subject to such repurchase agreement or (ii) written evidence that the securities subject to such repurchase agreement have been transferred by book-entry into a segregated non-proprietary account of the Custodian maintained with the Federal Reserve Bank of Boston or (iii) the safekeeping receipt, PROVIDED that such securities have in fact been so transfered by book-entry and the written repurchase agreement is received by the Custodian in due course; AND EXCEPT that if the securities are to be purchased outside the United States, payment may be made in accordance with procedures agreed to in writing from time to time by the parties hereto.

Appears in 17 contracts

Samples: Master Custodian Agreement (Eaton Vance Pennsylvania Municipal Income Trust), Master Custodian Agreement (Eaton Vance Advisers Senior Floating Rate Fund), Master Custodian Agreement (Eaton Vance Credit Opportunities Fund)

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Liability for Payment in Advance of Receipt of Securities. PURCHASED Purchased In any and every case where payment for purchase of securities for the account of the Fund is made by the Custodian in advance of receipt of the securities purchased in the absence of specific written instructions signed by two officers of the Fund to so pay in advance, the Custodian shall be absolutely liable to the Fund for such securities to the same extent as if the securities had been received by the Custodian; EXCEPT except that in the case of a repurchase agreement entered into by the Fund with a bank which is a member of the Federal Reserve System, the Custodian may transfer funds to the account of such bank prior to the receipt of (i) the securities in certificate form subject to such repurchase agreement or (ii) written evidence that the securities subject to such repurchase agreement have been transferred by book-entry into a segregated non-proprietary account of the Custodian maintained with the Federal Reserve Bank of Boston or (iii) the safekeeping receipt, PROVIDED provided that such securities have in fact been so transfered transferred by book-entry and the written repurchase agreement is received by the Custodian in due course; AND EXCEPT that if . With respect to securities and funds held by a subcustodian, either directly or indirectly (including by a Securities Depository or clearing corporation), notwithstanding any provisions of this Agreement to the contrary, payment for securities are purchased and delivery of securities sold may be made prior to be purchased outside the United Statesreceipt of securities or payment respectively, and securities or payment may be made received in a form in accordance with procedures agreed to (a) governmental regulations, (b) rules of Securities Depositories and clearing agencies, (c) generally accepted trade practice in writing from time to time by the parties heretoapplicable local market, (d) the terms and characteristics of the particular investment, or (e) the terms of instructions.

Appears in 11 contracts

Samples: Master Custodian Agreement (Hancock John Series Trust), Master Custodian Agreement (John Hancock Investment Trust Ii), Master Custodian Agreement (Hancock John California Tax Free Income Fund)

Liability for Payment in Advance of Receipt of Securities. PURCHASED Purchased In any and every case where payment for purchase of securities for the account of the Fund Trust is made by the Custodian in advance of receipt of the securities purchased in the absence of specific written instructions signed by two officers of the Fund Trust to so pay in advance, the Custodian shall be absolutely liable to the Fund Trust for such securities to the same extent as if the securities had been received by the Custodian; EXCEPT except that in the case of a repurchase agreement entered into by the Fund Trust with a bank which is a member of the Federal Reserve System, the Custodian may transfer funds trusts to the account of such bank prior to the receipt of (i) the securities in certificate form subject to such repurchase agreement or (ii) written evidence that the securities subject to such repurchase agreement have been transferred by book-entry into a segregated non-proprietary account of the Custodian maintained with the Federal Reserve Bank of Boston or (iii) the safekeeping receipt, PROVIDED provided that such securities have in fact been so transfered transferred by book-entry and the written repurchase agreement is received by the Custodian in due course; AND EXCEPT that if the securities are to be purchased outside the United States, payment may be made in accordance with procedures agreed to in writing from time to time by the parties hereto.received

Appears in 9 contracts

Samples: Master Custodian Agreement (Rhode Island Tax Free Portfolio), Master Custodian Agreement (Mississippi Tax Free Portfolio), Master Custodian Agreement (West Virginia Tax Free Portfolio)

Liability for Payment in Advance of Receipt of Securities. PURCHASED Purchased In any and every case where payment for purchase of securities for the account of the Fund Trust is made by the Custodian in advance of receipt of the securities purchased in the absence of specific written instructions signed by two officers of the Fund Trust to so pay in advance, the Custodian shall be absolutely liable to the Fund Trust for such securities to the same extent as if the securities had been received by the Custodian; EXCEPT except that in the case of a repurchase agreement entered into by the Fund Trust with a bank which is a member of the Federal Reserve System, the Custodian may transfer funds trusts to the account of such bank prior to the receipt of (i) the securities in certificate form subject to such repurchase agreement or (ii) written evidence that the securities subject to such repurchase agreement have been transferred by book-entry into a segregated non-proprietary account of the Custodian maintained with the Federal Reserve Bank of Boston or (iii) the safekeeping receipt, PROVIDED provided that such securities have in fact been so transfered transferred by book-entry and the written repurchase agreement is received by the Custodian in due course; AND EXCEPT and except that if the securities are to be purchased outside the United States, payment may be made in accordance with procedures agreed to in writing from time to time by the parties hereto.

Appears in 9 contracts

Samples: Master Custodian Agreement (South Carolina Tax Free Portfolio), Master Custodian Agreement (Missouri Tax Free Portfolio), Master Custodian Agreement (Kentucky Tax Free Portfolio)

Liability for Payment in Advance of Receipt of Securities. PURCHASED In any and every case where payment for purchase of securities for the account of the Fund is made by the Custodian in advance of receipt of the securities purchased in the absence of specific written instructions signed by two officers of the Fund to so pay in advance, the Custodian shall be absolutely liable to the Fund for such securities to the same extent as if the securities had been received by the Custodian; EXCEPT that in the case of a repurchase agreement entered into by the Fund with a bank which is a member of the Federal Reserve System, the Custodian may transfer funds to the account of such bank prior to the receipt of (i) the securities in certificate form subject to such repurchase agreement or (ii) written evidence that the securities subject to such repurchase agreement have been transferred by book-entry into a segregated non-proprietary account of the Custodian maintained with the Federal Reserve Bank of Boston or (iii) the safekeeping receipt, PROVIDED that such securities have in fact been so transfered transferred by book-entry and the written repurchase agreement is received by the Custodian in due course; AND EXCEPT that if the securities are to be purchased outside the United States, payment may be made in accordance with procedures agreed to in writing from time to time by the parties hereto.

Appears in 6 contracts

Samples: Master Custodian Agreement (Eaton Vance Senior Income Trust), Master Custodian Agreement (Eaton Vance Tax Advantaged Global Dividend Opportunities Fun), Master Custodian Agreement (Eaton Vance Tax Advantaged Dividend Income Fund)

Liability for Payment in Advance of Receipt of Securities. PURCHASED Purchased In any and every case where payment for purchase of securities for the account of the Fund is made by the Custodian in advance of receipt of the securities purchased in the absence of specific written instructions signed by two officers of the Fund to so pay in advance, the Custodian shall be absolutely liable to the Fund for such securities to the same extent as if the securities had been received by the Custodian; EXCEPT except that in the case of a repurchase agreement entered into by the Fund with a bank which is a member of the Federal Reserve System, the Custodian may transfer funds to the account of such bank prior to the receipt of (i) the securities in certificate form subject to such repurchase agreement or (ii) written evidence that the securities subject to such repurchase agreement have been transferred by book-entry into a segregated non-proprietary account of the Custodian maintained with the Federal Reserve Bank of Boston or (iii) the safekeeping receipt, PROVIDED provided that such securities have in fact been so transfered by book-entry and the written repurchase agreement is received by the Custodian in due course; AND EXCEPT and except that if the securities are to be purchased outside the United States, payment may be made in accordance with procedures agreed to in writing from time to time by the parties hereto.

Appears in 6 contracts

Samples: Master Custodian Agreement (Eaton Vance Growth Trust), Master Custodian Agreement (Ev Classic Senior Floating Rate Fund /Ma/), Master Custodian Agreement (Eaton Vance Prime Rate Reserves)

Liability for Payment in Advance of Receipt of Securities. PURCHASED In any and every case where payment for purchase of securities for the account of the Fund is made by the Custodian in advance of receipt of the securities purchased in the absence of specific written instructions signed by two officers of the Fund to so pay in advance, the Custodian shall be absolutely liable to the Fund for such securities to the same extent as if the securities had been received by the Custodian; EXCEPT that in the case of a repurchase agreement entered into by the Fund with a bank which is a member of the Federal Reserve System, the Custodian may transfer funds to the account of such bank prior to the receipt of (i) the securities in certificate form subject to such repurchase agreement or (ii) written evidence that the securities subject to such repurchase agreement have been transferred by book-entry into a segregated non-proprietary account of the Custodian maintained with the Federal Reserve Bank of Boston or (iii) the safekeeping receipt, PROVIDED that such securities have in fact been so transfered transferred by book-entry and the written repurchase agreement is received by the Custodian in due course; AND EXCEPT that if the securities are to be purchased outside the United States, payment may be made in accordance with procedures agreed to in writing from time to time by the parties hereto.

Appears in 3 contracts

Samples: Master Custodian Agreement (Hancock John Declaration Trust), Custodian Agreement (Freedom Investment Trust Iii), Custodian Agreement (Hancock John Tax Exempt Series Fund)

Liability for Payment in Advance of Receipt of Securities. PURCHASED In any and every case where payment for purchase of securities for the account of the Fund Trust is made by the Custodian in advance of receipt of the securities purchased in the absence of specific written instructions signed by two officers of the Fund Trust to so pay in advance, the Custodian shall be absolutely liable to the Fund Trust for such securities to the same extent as if the securities had been received by the Custodian; EXCEPT that in the case of a repurchase agreement entered into by the Fund Trust with a bank which is a member of the Federal Reserve System, the Custodian may transfer funds trusts to the account of such bank prior to the receipt of (i) the securities in certificate form subject to such repurchase agreement or (ii) written evidence that the securities subject to such repurchase agreement have been transferred by book-entry into a segregated non-proprietary account of the Custodian maintained with the Federal Reserve Bank of Boston or (iii) the safekeeping receipt, PROVIDED that such securities have in fact been so transfered TRANSFERRED by book-entry and the written repurchase agreement is received by the Custodian in due course; AND EXCEPT that if the securities are to be purchased outside the United States, payment may be made in accordance with procedures agreed to in writing from time to time by the parties hereto.

Appears in 3 contracts

Samples: Master Custodian Agreement (Information Age Portfolio), Worldwide Health Sciences (Worldwide Health Sciences Portfolio), Master Custodian Agreement (Senior Debt Portfolio)

Liability for Payment in Advance of Receipt of Securities. PURCHASED Purchased In any and every case where payment for purchase of securities for the account of the Fund is made by the Custodian in advance of receipt of the securities purchased in the absence of specific written instructions signed by two officers of the Fund to so pay in advance, the Custodian shall be absolutely liable to the Fund for such securities to the same extent as if the securities had been received by the Custodian; EXCEPT except that in the case of a repurchase agreement entered into by the Fund with a bank which is a member of the Federal Reserve System, the Custodian may transfer funds to the account of such bank prior to the receipt of (i) the securities in certificate form subject to such repurchase agreement or (ii) written evidence that the securities subject to such repurchase agreement have been transferred by book-entry into a segregated non-proprietary account of the Custodian maintained with the Federal Reserve Bank of Boston or (iii) the safekeeping receipt, PROVIDED provided that such securities have in fact been so transfered transferred by book-entry and the written repurchase agreement is received by the Custodian in due course; AND EXCEPT and except that if the securities are to be purchased outside the United States, payment may be made in accordance with procedures agreed to in writing from time to time by the parties hereto.

Appears in 2 contracts

Samples: Master Custodian Agreement (Hancock John Series Trust), Master Custodian Agreement (Hancock John Declaration Trust)

Liability for Payment in Advance of Receipt of Securities. PURCHASED In any and every case where payment for purchase of securities for the account of the Fund Trust is made by the Custodian in advance of receipt of the securities purchased in the absence of specific written instructions signed by two officers of the Fund Trust to so pay in advance, the Custodian shall be absolutely liable to the Fund Trust for such securities to the same extent as if the securities had been received by the Custodian; EXCEPT except that in the case of a repurchase agreement entered into by the Fund Trust with a bank which is a member of the Federal Reserve System, the Custodian may transfer funds trusts to the account of such bank prior to the receipt of (i) the securities in certificate form subject to such repurchase agreement or (ii) written evidence that the securities subject to such repurchase agreement have been transferred by book-entry into a segregated non-proprietary account of the Custodian maintained with the Federal Reserve Bank of Boston or (iii) the safekeeping receipt, PROVIDED provided that such securities have in fact been so transfered transferred by book-entry and the written repurchase agreement is received by the Custodian in due course; AND EXCEPT and except that if the securities are to be purchased outside the United States, payment may be made in accordance with procedures agreed to in writing from time to time by the parties hereto.

Appears in 2 contracts

Samples: Master Custodian Agreement (Capital Growth Portfolio), Master Custodian Agreement (High Grade Income Portfolio)

Liability for Payment in Advance of Receipt of Securities. PURCHASED Purchased In any and every case where payment for purchase of securities for the account of the Fund is made by the Custodian in advance of receipt of the securities purchased in the absence of specific written instructions signed by two officers of the Fund to so pay in advance, the Custodian shall be absolutely liable to the Fund for such securities to the same extent as if the securities had been received by the Custodian; EXCEPT except that in the case of a repurchase agreement entered into by the Fund with a bank which is a member of the Federal Reserve System, the Custodian may transfer funds to the account of such bank prior to the receipt of (i) the securities in certificate form subject to such repurchase agreement or (ii) written evidence that the securities subject to such repurchase agreement have been transferred by book-entry into a segregated non-proprietary account of the Custodian maintained with the Federal Reserve Bank of Boston or (iii) the safekeeping receipt, PROVIDED provided that such securities have in fact been so transfered transferred by book-entry and the written repurchase agreement is received by the Custodian in due course; AND EXCEPT and except that if the securities are to be purchased outside the United States, payment may be made in accordance with procedures agreed to in writing from time to time by the parties hereto.

Appears in 2 contracts

Samples: Master Custodian Agreement (Capital Exchange Fund Inc), Master Custodian Agreement (Eaton Vance Municipals Trust)

Liability for Payment in Advance of Receipt of Securities. PURCHASED Purchased In any and every case where payment for purchase of securities for the account of the Fund is made by the Custodian in advance of receipt of the securities purchased in the absence of specific written instructions signed by two officers of the Fund Manager to so pay in advance, the Custodian shall be absolutely liable to the Fund for such securities to the same extent as if the securities had been received by the Custodian; EXCEPT except that in the case of a repurchase agreement entered into by the Fund with a bank which is a member of the Federal Reserve System, the Custodian may transfer funds to the account of such bank prior to the receipt of (i) the securities in certificate form subject to such repurchase agreement or (ii) written evidence that the securities subject to such repurchase agreement have been transferred by book-entry into a segregated non-proprietary account of the Custodian maintained with the Federal Reserve Bank of Boston or (iii) the safekeeping receipt, PROVIDED provided that such securities have in fact been so transfered transferred by book-entry and the written repurchase agreement is received by the Custodian in due course; AND EXCEPT and except that if the securities are to be purchased outside the United States, payment may be made in accordance with procedures agreed to in writing from time to time by the parties hereto.

Appears in 2 contracts

Samples: Agency Agreement (Belport Capital Fund LLC), Custody and Transfer Agency Agreement (Belair Capital Fund LLC)

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Liability for Payment in Advance of Receipt of Securities. PURCHASED In any and every case where payment for purchase of securities for the account of the Fund is made by the Custodian in advance of receipt of the securities purchased in the absence of specific written instructions signed by two officers of the Fund Manager to so pay in advance, the Custodian shall be absolutely liable to the Fund for such securities to the same extent as if the securities had been received by the Custodian; EXCEPT except that in the case of a repurchase agreement entered into by the Fund with a bank which is a member of the Federal Reserve System, the Custodian may transfer funds to the account of such bank prior to the receipt of (i) the securities in certificate form subject to such repurchase agreement or (ii) written evidence that the securities subject to such repurchase agreement have been transferred by book-entry into a segregated non-proprietary account of the Custodian maintained with the Federal Reserve Bank of Boston or (iii) the safekeeping receipt, PROVIDED provided that such securities have in fact been so transfered transferred by book-entry and the written repurchase agreement is received by the Custodian in due course; AND EXCEPT and except that if the securities are to be purchased outside the United States, payment may be made in accordance with procedures agreed to in writing from time to time by the parties hereto.

Appears in 1 contract

Samples: Custody and Transfer Agency Agreement (Belrose Capital Fund LLC)

Liability for Payment in Advance of Receipt of Securities. PURCHASED Purchased In any and every case where payment for purchase of securities for the account of the Fund Trust is made by the Custodian in advance of receipt of the securities purchased in the absence of specific written instructions signed by two officers of the Fund Trust to so pay in advance, the Custodian shall be absolutely liable to the Fund Trust for such securities to the same extent as if the securities had been received by the Custodian; EXCEPT that in the case of a repurchase agreement entered into by the Fund Trust with a bank which is a member of the Federal Reserve System, the Custodian may transfer funds trusts to the account of such bank prior to the receipt of (i) the securities in certificate form subject to such repurchase agreement or (ii) written evidence that the securities subject to such repurchase agreement have been transferred by book-entry into a segregated non-proprietary account of the Custodian maintained with the Federal Reserve Bank of Boston or (iii) the safekeeping receipt, PROVIDED that such securities have in fact been so transfered TRANSFERRED by book-entry and the written repurchase agreement is received by the Custodian in due course; AND EXCEPT that if the securities are to be purchased outside the United States, payment may be made in accordance with procedures agreed to in writing from time to time by the parties hereto.

Appears in 1 contract

Samples: Master Custodian Agreement (Wright Blue Chip Master Portfolio Trust)

Liability for Payment in Advance of Receipt of Securities. PURCHASED Purchased In any and every case where payment for purchase of securities for the account of the Fund Trust is made by the Custodian in advance of receipt of the securities purchased in the absence of specific written instructions signed by two officers of the Fund Trust to so pay in advance, the Custodian shall be absolutely liable to the Fund Trust for such securities to the same extent as if the securities had been received by the Custodian; EXCEPT that in the case of a repurchase agreement entered into by the Fund Trust with a bank which is a member of the Federal Reserve System, the Custodian may transfer funds to the account of such bank prior to the receipt of (i) the securities in certificate form subject to such repurchase agreement or (ii) written evidence that the securities subject to such repurchase agreement have been transferred by book-entry into a segregated non-proprietary account of the Custodian maintained with the Federal Reserve Bank of Boston or (iii) the safekeeping receipt, PROVIDED that such securities have in fact been so transfered TRANSFERED by book-entry and the written repurchase agreement is received by the Custodian in due course; AND EXCEPT that if the securities are to be purchased outside the United States, payment may be made in accordance with procedures agreed to in writing from time to time by the parties hereto.

Appears in 1 contract

Samples: Custodian Agreement (Greater China Growth Portfolio)

Liability for Payment in Advance of Receipt of Securities. PURCHASED Purchased In ------------------------------------------------------------------- any and every case where payment for purchase of securities for the account of the Fund is made by the Custodian in advance of receipt of the securities purchased in the absence of specific written instructions signed by two officers of the Fund to so pay in advance, the Custodian shall be absolutely liable to the Fund for such securities to the same extent as if the securities had been received by the Custodian; EXCEPT except that in the case of a repurchase agreement ------ entered into by the Fund with a bank which is a member of the Federal Reserve System, the Custodian may transfer funds to the account of such bank prior to the receipt of (i) the securities in certificate form subject to such repurchase agreement or (ii) written evidence that the securities subject to such repurchase agreement have been transferred by book-entry into a segregated non-proprietary account of the Custodian maintained with the Federal Reserve Bank of Boston or (iii) the safekeeping receipt, PROVIDED provided that such securities have in -------- fact been so transfered transferred by book-entry and the written repurchase agreement is received by the Custodian in due course; AND EXCEPT and except that ---------- if the securities are to be purchased outside the United States, payment may be made in accordance with procedures agreed to in writing from time to time by the parties hereto.

Appears in 1 contract

Samples: Custodian Agreement (Hancock John Variable Series Trust I)

Liability for Payment in Advance of Receipt of Securities. PURCHASED Purchased In any and every case where payment for purchase of securities for the account of the Fund is made by the Custodian in advance of receipt of the securities purchased in the absence of specific written instructions signed by two officers of the Fund to so pay in advance, the Custodian shall be absolutely liable to the Fund for such securities to the same extent as if the securities had been received by the Custodian; EXCEPT except that in the case of a repurchase agreement entered into by the Fund with a bank which is a member of the Federal Reserve System, the Custodian may transfer funds to the account of such bank prior to the receipt of (i) the securities in certificate form subject to such repurchase agreement or (ii) written evidence that the securities subject to such repurchase agreement have been transferred by book-entry into a segregated non-proprietary account of the Custodian maintained with the Federal Reserve Bank of Boston or (iii) the safekeeping receipt, PROVIDED provided that such -------- securities have in fact been so transfered transferred by book-entry and the written repurchase agreement is received by the Custodian in due course; AND EXCEPT that if . With respect to securities and funds held by a subcustodian, either directly or indirectly (including by a Securities Depository or clearing corporation), notwithstanding any provisions of this Agreement to the contrary, payment for securities are purchased and delivery of securities sold may be made prior to be purchased outside the United Statesreceipt of securities or payment respectively, and securities or payment may be made received in a form in accordance with procedures agreed to (a) governmental regulations, (b) rules of Securities Depositories and clearing agencies, (c) generally accepted trade practice in writing from time to time by the parties heretoapplicable local market, (d) the terms and characteristics of the particular investment, or (e) the terms of instructions.

Appears in 1 contract

Samples: Master Custodian Agreement (Hancock John Investment Trust /Ma/)

Liability for Payment in Advance of Receipt of Securities. PURCHASED In any and every case where payment for purchase of securities for the account of the Fund Trust is made by the Custodian in advance of receipt of the securities purchased in the absence of specific written instructions signed by two officers of the Fund Trust to so pay in advance, the Custodian shall be absolutely liable to the Fund Trust for such securities to the same extent as if the securities had been received by the Custodian; EXCEPT except that in the case of a repurchase agreement entered into by the Fund Trust with a bank which is a member of the Federal Reserve System, the Custodian may transfer funds trusts to the account of such bank prior to the receipt of (i) the securities in certificate form subject to such repurchase agreement or (ii) written evidence that the securities subject to such repurchase agreement have been transferred by book-entry into a segregated non-proprietary account of the Custodian maintained with the Federal Reserve Bank of Boston or (iii) the safekeeping receipt, PROVIDED that such securities have in fact been so transfered TRANSFERRED by book-entry and the written repurchase agreement is received by the Custodian in due course; AND EXCEPT that if the securities are to be purchased outside the United States, payment may be made in accordance with procedures agreed to in writing from time to time by the parties hereto.

Appears in 1 contract

Samples: Master Custodian Agreement (Arkansas Tax Free Portfolio)

Liability for Payment in Advance of Receipt of Securities. PURCHASED In any and every case where payment for purchase of securities for the account of the Fund is made by the Custodian in advance of receipt of the securities purchased in the absence of specific written instructions signed by two officers of the Fund Manager to so pay in advance, the Custodian shall be absolutely liable to the Fund for such securities to the same extent as if the securities had been received by the Custodian; EXCEPT that in the case of a repurchase agreement entered into by the Fund with a bank which is a member of the Federal Reserve System, the Custodian may transfer funds to the account of such bank prior to the receipt of (i) the securities in certificate form subject to such repurchase agreement or (ii) written evidence that the securities subject to such repurchase agreement have been transferred by book-entry into a segregated non-proprietary account of the Custodian maintained with the Federal Reserve Bank of Boston or (iii) the safekeeping receipt, PROVIDED provided that such securities have in fact been so transfered transferred by book-entry and the written repurchase agreement is received by the Custodian in due course; AND EXCEPT and except that if the securities are to be purchased outside the United States, payment may be made in accordance with procedures agreed to in writing from time to time by the parties hereto.

Appears in 1 contract

Samples: And Transfer Agency Agreement (Belcrest Capital Fund LLC)

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