Common use of New Countries Clause in Contracts

New Countries. The Trust shall be responsible for informing the Custodian sufficiently in advance of a proposed investment which is to be held in a country in which no Sub-custodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time to establish a sub-custodial arrangement in accordance herewith. In the event the Custodian is unable to establish such arrangements prior to the time the Investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping Agent, and the use of such local safekeeping Agent shall be at the sole risk of the Trust, and accordingly the Custodian shall be responsible to the Trust for the actions of the Agent if and only to the extent the Custodian shall have recovered from the Agent for any damages caused the Trust by the Agent.

Appears in 39 contracts

Samples: Custody Agreement (American Pension Investors Trust), Custody Agreement (Capitol Series Trust), Custody Agreement (Two Roads Shared Trust)

AutoNDA by SimpleDocs

New Countries. The Trust Company shall be responsible for informing the Custodian sufficiently in advance of a proposed investment which is to be held in a country in which no Sub-custodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time to establish a sub-custodial arrangement in accordance herewith. In the event the Custodian is unable to establish such arrangements prior to the time the Investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping Agent, and the use of such local safekeeping Agent shall be at the sole risk of the TrustCompany, and accordingly the Custodian shall be responsible to the Trust Company for the actions of the Agent if and only to the extent the Custodian shall have recovered from the Agent for any damages caused the Trust Company by the Agent.

Appears in 22 contracts

Samples: Custody Agreement (MSS Series Trust), Custody Agreement (Capitol Series Trust), Custody Agreement (MSS Series Trust)

New Countries. The Trust Corporation shall be responsible for informing the Custodian sufficiently in advance of a proposed investment which is to be held in a country in which no Sub-custodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time to establish a sub-custodial arrangement in accordance herewith. In the event the Custodian is unable to establish such arrangements prior to the time the Investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping Agent, and the use of such local safekeeping Agent shall be at the sole risk of the Trust, Corporation ,and accordingly the Custodian shall be responsible to the Trust Corporation for the actions of the Agent if and only to the extent the Custodian shall have recovered from the Agent for any damages caused the Trust Corporation by the Agent.

Appears in 18 contracts

Samples: Custody Agreement (Mh Elite Portfolio of Funds Trust), Custody Agreement (Mh Elite Portfolio of Funds Trust), Custody Agreement

New Countries. The Trust shall be responsible for informing the Custodian sufficiently in advance of a proposed investment which is to be held in a country in which no Sub-custodian Subcustodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time to establish a sub-custodial subcustodial arrangement in accordance herewith. In the event the Custodian is unable to establish such arrangements prior to the time the Investment investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping Agentagent, and the use of such the local safekeeping Agent agent shall be at the sole risk of the Trust, and accordingly the Custodian shall be responsible to the Trust for the actions of the Agent such agent if and only to the extent the Custodian shall have recovered from the Agent such agent for any damages caused the Trust by the Agentsuch agent.

Appears in 7 contracts

Samples: Custodian and Transfer Agent Agreement (Pointbreak ETF Trust), Custodian and Transfer Agent Agreement (Pointbreak ETF Trust), Custodian and Transfer Agent Agreement (Pointbreak ETF Trust)

New Countries. The Trust shall be responsible for informing the Custodian sufficiently in advance of a proposed investment which is to be held in a country in which no Sub-custodian Subcustodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time to establish a sub-custodial subcustodial arrangement in accordance herewith. In the event event, however, the Custodian is unable to establish such arrangements prior to the time the Investment such investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping Agentagent, and the use of such local safekeeping Agent agent shall be at the sole risk of the Trust, and accordingly the Custodian shall be responsible to the Trust for the actions of the Agent such agent if and only to the extent the Custodian shall have recovered from the Agent such agent for any damages caused the Trust by the Agentsuch agent.

Appears in 6 contracts

Samples: Custodian Agreement (BBH Global Equity Portfolio), Custodian Agreement (Icon Funds), Custodian Agreement (European Equity Portfolio)

New Countries. The Trust Corporation shall be responsible for informing the Custodian sufficiently in advance of a proposed investment which is to be held in a country in which no Sub-custodian Subcustodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time to establish a sub-custodial arrangement in accordance herewith. In the event the Custodian is unable to establish such arrangements prior to the time the Investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping Agent, and the use of such local safekeeping Agent shall be at the sole risk of the Trust, Corporation ,and accordingly the Custodian shall be responsible to the Trust Corporation for the actions of the Agent if and only to the extent the Custodian shall have recovered from the Agent for any damages caused the Trust Corporation by the Agent.

Appears in 2 contracts

Samples: Custody Agreement, Custody Agreement (Spirit of America Investment Fund Inc)

New Countries. The Trust shall be responsible for informing the Custodian sufficiently in advance of a proposed investment Investment which is to be held in a country in which no Sub-custodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time to establish a sub-custodial arrangement in accordance herewith. In the event the Custodian is unable to establish such arrangements prior to the time the Investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping Agent, and the use of such local safekeeping Agent shall be at the sole risk of the Trust, and accordingly the Custodian shall be responsible to the Trust for the actions of the Agent if and only to the extent the Custodian shall have recovered from the Agent for any damages caused the Trust by the Agent.

Appears in 1 contract

Samples: Custody Agreement (Cross Shore Discovery Fund)

New Countries. The Trust shall be responsible for informing the Custodian sufficiently reasonably in advance of a proposed investment which is to be held in a country in which no Sub-custodian Subcustodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time to establish a sub-custodial subcustodial arrangement in accordance herewith. In the event event, however, the Custodian is unable to establish such arrangements prior to the time the Investment investment is to be acquired, the Custodian is authorized shall provide notice of such fact to the Fund and, upon authorization by the Fund, may designate at its discretion a local safekeeping Agentagent, and the use of such the local safekeeping Agent agent shall be at the sole risk of the Trust, and accordingly the Custodian shall be responsible to the Trust for the actions of the Agent such agent if and only to the extent the Custodian shall have recovered from the Agent such agent for any damages caused the Trust by the Agentsuch agent.

Appears in 1 contract

Samples: Custodian Agreement (CSOP ETF Trust)

AutoNDA by SimpleDocs

New Countries. The Trust Company shall be responsible for informing the Custodian sufficiently in advance of a proposed investment which is to be held in a country in which no Sub-custodian Subcustodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time to establish a sub-custodial subcustodial arrangement in accordance herewith. In the event the Custodian is unable to establish such arrangements prior to the time the Investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping Agent, and the use of such local safekeeping Agent shall be at the sole risk of the TrustCompany, and accordingly the Custodian shall be responsible to the Trust Company for the actions of the Agent if and only to the extent the Custodian shall have recovered from the Agent for any damages caused the Trust Company by the Agent.

Appears in 1 contract

Samples: Custodian Agreement (AirShares(TM) EU Carbon Allowances Fund)

New Countries. The Trust shall be responsible for informing the Custodian sufficiently in advance of a proposed investment Investment which is to be held in a country in which no Sub-custodian Subcustodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time to establish a sub-custodial subcustodial arrangement in accordance herewith. In the event event, however, the Custodian is unable to establish such arrangements prior to the time the such Investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping Agentagent, and the use of such local safekeeping Agent agent with respect to such Investment shall be at the sole risk of the Trust, and accordingly the Custodian shall be responsible to the Trust for the actions of the Agent such agent if and only to the extent the Custodian shall have recovered from the Agent such agent for any damages caused the Trust by the Agentsuch agent.

Appears in 1 contract

Samples: Custodian Agreement (Lexington Global Income Fund)

New Countries. The Trust shall be responsible for informing the Custodian sufficiently in advance of a proposed investment which is to be held in a country in which no Sub-custodian Subcustodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time to establish a sub-custodial subcustodial arrangement in accordance herewith. In the event that the Custodian is unable to establish such arrangements prior to the time the Investment investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping Agentagent, and the use of such the local safekeeping Agent agent shall be at the sole risk of the Trust, and accordingly the Custodian shall be responsible to the Trust for the actions of the Agent such agent if and only to the extent the Custodian shall have recovered from the Agent such agent for any damages caused the Trust by the Agentsuch agent.

Appears in 1 contract

Samples: Custodian Agreement (Matthews International Funds)

New Countries. The Trust shall be responsible for informing the Custodian sufficiently in advance of a proposed investment Investment which is to be held in a country in which no Sub-custodian Subcustodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time to establish a sub-custodial subcustodial arrangement in accordance herewith. In the event the Custodian is unable to establish such arrangements prior to the time the Investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping Agentagent, and the use of such the local safekeeping Agent agent shall be at the sole risk of the Trust, and accordingly the Custodian shall be responsible to the Trust for the actions of the Agent such agent if and only to the extent the Custodian shall have recovered from the Agent such agent for any damages caused the Trust by the Agentsuch agent.

Appears in 1 contract

Samples: Custodian Agreement (NuShares ETF Trust)

New Countries. The Trust shall be responsible for informing the Custodian sufficiently in sufficientlyin advance of a proposed investment which is to be held in a country in which no Sub-custodian is authorized isauthorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time to establish toestablish a sub-custodial arrangement in accordance herewith. In the event the Custodian is unable to establish toestablish such arrangements prior to the time the Investment is to be acquired, the Custodian is authorized to authorizedto designate at its discretion a local safekeeping Agent, and the use of such local safekeeping Agent shall be at beat the sole risk of the Trust, and accordingly the Custodian shall be responsible to the Trust for the actions of the Agent if and only to the extent the Custodian shall have recovered from the Agent for any damages caused damagescaused the Trust by the Agent.

Appears in 1 contract

Samples: Custody Agreement (PSG Capital Management Trust)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!