Common use of No Enforcement Actions Clause in Contracts

No Enforcement Actions. Notwithstanding Section D of Article V, the Custodian shall not be under any duty or obligation to take action, by legal means or otherwise, to effect collection of any amount, if the Securities upon which such amount is payable are in default, or if payment is refused after due demand or presentation, unless and until (i) it shall be directed to take such action by Written Instructions and (ii) it shall be assured to its satisfaction (including prepayment thereof) of reimbursement of its costs and expenses in connection with any such action.

Appears in 76 contracts

Samples: Custody Agreement (Azzad Funds), Custody Agreement (SGM Funds), Custody Agreement (Davlin Philanthropic Funds)

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No Enforcement Actions. Notwithstanding Section D of Article Vanything to the contrary in this Agreement, the Custodian shall not be under any duty or obligation to take action, by legal means or otherwise, to effect collection of any amount, if the Securities Investment upon which such amount is payable is/are in default, or if payment is refused after due demand or presentation, unless and until (i) it shall be directed to take such action by Written Instructions and (ii) it shall be assured to its satisfaction (including prepayment thereof) of reimbursement of its costs and expenses in connection with any such action.

Appears in 64 contracts

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

No Enforcement Actions. Notwithstanding Section D of Article V, the Custodian shall not be under any duty or obligation to take action, by legal means or otherwise, to effect collection of any amount, if the Securities upon which such amount is payable are in default, or if payment is refused after due demand or presentation, unless and until (i) it shall be directed to take such action by Written Instructions and (ii) it shall be assured to its satisfaction (including prepayment thereof) of reimbursement of its costs and expenses in connection with any such action. VIII.

Appears in 6 contracts

Samples: Custody Agreement (Unified Series Trust), Custody Agreement (Jhaveri Trust), Custody Agreement (Ameriprime Advisors Trust)

No Enforcement Actions. Notwithstanding Section D of Article V, the Custodian shall not be under any duty or obligation to take action, by legal means or otherwise, to effect collection of any amount, if the Securities 7 upon which such amount is payable are in default, or if payment is refused after due demand or presentation, unless and until (i) it shall be directed to take such action by Written Instructions and (ii) it shall be assured to its satisfaction (including prepayment thereof) of reimbursement of its costs and expenses in connection with any such action.

Appears in 1 contract

Samples: Custody Agreement (Walthausen Funds)

No Enforcement Actions. Notwithstanding Section D of ---------------------- Article V, the Custodian shall not be under any duty or obligation to take action, by legal means or otherwise, to effect collection of any amount, if the Securities upon which such amount is payable are in default, or if payment is refused after due demand or presentation, unless and until (i) it shall be directed to take such action by Written Instructions and (ii) it shall be assured to its satisfaction (including prepayment thereof) of reimbursement of its costs and expenses in connection with any such action. VIII.

Appears in 1 contract

Samples: Custody Agreement (Runkel Funds)

No Enforcement Actions. Notwithstanding Section D of Article ----------------------- V, the Custodian shall not be under any duty or obligation to take action, by legal means or otherwise, to effect collection of any amount, if the Securities upon which such amount is payable are in default, or if payment is refused after due demand or presentation, unless and until (i) it shall be directed to take such action by Written Instructions and (ii) it shall be assured to its satisfaction (including prepayment thereof) of reimbursement of its costs and expenses in connection with any such action.and

Appears in 1 contract

Samples: Custody Agreement (Tanaka Funds Inc)

No Enforcement Actions. Notwithstanding Section D of ------------------------ Article V, the Custodian shall not be under any duty or obligation to take action, by legal means or otherwise, to effect collection of any amount, if the Securities upon which such amount is payable are in default, or if payment is refused after due demand or presentation, unless and until (i) it shall be directed to take such action by Written Instructions and (ii) it shall be assured to its satisfaction (including prepayment thereof) of reimbursement of its costs and expenses in connection with any such action. VIII.

Appears in 1 contract

Samples: Custody Agreement (Wallace Funds)

No Enforcement Actions. Notwithstanding Section D of Article ---------------------- V, the Custodian shall not be under any duty or obligation to take action, by legal means or otherwise, to effect collection of any amount, if the Securities upon which such amount is payable are in default, or if payment is refused after due demand or presentation, unless and until (i) it shall be directed to take such action by Written Instructions and (ii) it shall be assured to its satisfaction (including prepayment thereof) of reimbursement of its costs and expenses in connection with any such action.

Appears in 1 contract

Samples: Custody Agreement (Alpha Analytics Investment Trust)

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No Enforcement Actions. Notwithstanding Section D of Article V, the Custodian shall not be under any duty or obligation to take action, by legal means or otherwise, to effect collection of any amount, if the Securities upon which such amount is payable are in default, or if payment is refused after due demand or presentation, unless and until (i) it shall be directed to take such action by Written Instructions and (ii) it shall be assured to its satisfaction (including -19- prepayment thereof) of reimbursement of its costs and expenses in connection with any such action.

Appears in 1 contract

Samples: Custody Agreement (Presidio Funds)

No Enforcement Actions. Notwithstanding Section D of Article V, the Custodian shall not be under any duty or obligation to take action, by legal means or otherwise, to effect collection of any amount, if the Securities upon which such amount amoun t is payable are in default, or if payment is refused after due demand or presentation, unless and until (i) it shall be directed to take such action by Written Instructions and (ii) it shall be assured to its satisfaction (including prepayment thereof) of reimbursement of its costs and expenses in connection with any such action.

Appears in 1 contract

Samples: Custody Agreement (Wexford Trust/Pa)

No Enforcement Actions. Notwithstanding Section D of Article V, ------------------------- the Custodian shall not be under any duty or obligation to take action, by legal means or otherwise, to effect collection of any amount, if the Securities upon which such amount is payable are in default, or if payment is refused after due demand or presentation, unless and until (i) it shall be directed to take such action by Written Instructions and (ii) it shall be assured to its satisfaction (including prepayment thereof) of reimbursement of its costs and expenses in connection with any such action. VIII.

Appears in 1 contract

Samples: Custody Agreement (Sparrow Funds)

No Enforcement Actions. Notwithstanding Section D of Article ----------------------- V, the Custodian shall not be under any duty or obligation to take action, by legal means or otherwise, to effect collection of any amount, if the Securities upon which such amount is payable are in default, or if payment is refused after due demand or presentation, unless and until (i) it shall be directed to take such action by Written Instructions and (ii) it shall be assured to its satisfaction (including prepayment thereof) of reimbursement of its costs and expenses in connection with any such action.after

Appears in 1 contract

Samples: Custody Agreement (Access Variable Insurance Trust)

No Enforcement Actions. Notwithstanding Section D of Article V, --------------------------- the Custodian shall not be under any duty or obligation to take action, by legal means or otherwise, to effect collection of any amount, if the Securities upon which such amount is payable are in default, or if payment is refused after due demand or presentation, unless and until (i) it shall be directed to take such action by Written Instructions and (ii) it shall be assured to its satisfaction (including prepayment thereof) of reimbursement of its costs and expenses in connection with any such action. VIII.

Appears in 1 contract

Samples: Custody Agreement (Securities Management & Timing Funds)

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