Common use of No Obligation to Inquire Clause in Contracts

No Obligation to Inquire. Without limiting the generality of the foregoing, the Bank shall in no event be under any obligation to inquire into, and shall not be liable for: (a) the due authority of any Authorized Person acting on behalf of a Fund in connection with this Agreement; (b) the genuineness of any drawer signature on any draft or Shareholder Draft deposited in any Account or Omnibus Account, or whether such signature is a forgery, other than the signature of the drawer of any draft drawn on the Bank; (c) the existence or genuineness of any endorsement or any marking purporting to be an endorsement on any draft or Shareholder Draft deposited in any Account or Omnibus Account, or whether such endorsement or marking is a forgery, it being expressly understood that all risks associated with the acceptance by the Bank of any draft payable to a payee other than a Fund for deposit in any Account or Omnibus Account pursuant to Oral or Written Instructions by the Fund shall be borne by such Fund; (d) any discrepancy between the pre-printed investment stub (other than a substitute stub created by the Bank) and the payee either named on a draft or Shareholder Draft or written on the face thereof, provided the Bank has acted in accordance with the investment stub; (e) any discrepancy between the written amount for which any draft or Shareholder Draft is drawn and the MICR code enscribed thereon by any bank other than the Bank on any draft presented, provided the Bank has acted in accordance with the MICR code; (f) any disbursement directed by a Fund, regardless of the purpose therefor; (g) any determination of the Share balance of any Shareholder whose name is signed on any Shareholder Draft; (h) any determination of length of time any Shares have been owned by any Shareholder or the method of payment utilized to purchase such Shares by such Shareholder; (i) any claims, liens, attachments, stays or stop payment orders with respect to any Shares, proceeds, or money, other than a stop payment order placed by a Fund on a draft drawn by such Fund on its Account or an Omnibus Account; (j) the propriety and/or legality of any transaction in any Account or Omnibus Account; (k) the lack of authority of any person signing as a drawer of a draft, provided such person and his specimen signature is specified in the certificate of authorized signatures last received by the Bank; or (l) whether any Shareholder Draft equals or exceeds any minimum amount.

Appears in 5 contracts

Samples: Cash Management and Related Services Agreement (Institutional Daily Income Fund), Cash Management and Related Services Agreement (North Carolina Daily Municipal Income Fund Inc), Cash Management and Related Services Agreement (Delafield Fund Inc)

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No Obligation to Inquire. Without limiting the generality of the foregoing, the Bank shall in no event be under any obligation to inquire into, and shall not be liable for: (a) the due authority of any Authorized Person acting on behalf of the Group or a Fund in connection with this Agreement; (b) the genuineness of any drawer signature on any draft or Shareholder Draft deposited in any Account or Omnibus Account, or whether such signature is a forgery, other than the signature of the drawer of any draft drawn on the Bank; (c) the existence or genuineness of any endorsement or any marking purporting to be an endorsement on any draft or Shareholder Draft deposited in any Account or Omnibus Account, or whether such endorsement or marking is a forgery, it is being expressly understood that all risks associated with the acceptance by the Bank of any draft payable to a payee other than a Fund for deposit in any Account or Omnibus Account pursuant to Oral or Written Instructions by the Fund Group shall be borne by the Group on behalf of such Fund; (d) any discrepancy between the pre-printed investment stub (other than a substitute stub created by the Bank) and the payee either named on a draft or Shareholder Draft or written on the face thereof, provided the Bank has acted in accordance with the investment stub; (e) any discrepancy between the written amount for which any draft or Shareholder Draft is drawn and the MICR Magnetic Inscription Character Recognition ("MICR") code enscribed inscribed thereon by any bank other than the Bank on any draft presented, provided the Bank has acted in accordance with the MICR code; (f) any disbursement directed by the Group on behalf of a Fund, regardless of the purpose therefor; (g) any determination of the Share balance of any Shareholder whose name is signed on any Shareholder Draft;redemption draft, (h) any determination of length of time any Shares have been owned by any Shareholder or the method of payment utilized to purchase such Shares by such Shareholder; (i) any claims, liens, attachments, stays or stop payment orders with respect to any Shares, proceeds, or money, other than a stop payment order placed by a Fund the Group on a draft drawn by such it on behalf of a Fund on its Account or an Omnibus Account; (j) the propriety and/or legality of any transaction in any Account or Omnibus Account; (k) the lack of authority of any person signing as a drawer of a draft, provided such person and his specimen signature is specified in the certificate of authorized signatures last received by the Bank; or (l) whether any Shareholder Draft redemption draft equals or exceeds any minimum amount.

Appears in 3 contracts

Samples: Cash Management and Related Services Agreement (Sessions Group), Cash Management and Related Services Agreement (Sessions Group), Cash Management and Related Services Agreement (Sessions Group)

No Obligation to Inquire. Without limiting the generality of the foregoing, the Bank shall in no event be under any obligation to inquire into, and shall not be liable for: (a) the due authority of any Authorized Person acting on behalf of the Group or a Fund in connection with this Agreement; (b) the genuineness of any drawer signature on any draft or Shareholder Draft deposited in any Account or Omnibus Account, or whether such signature is a forgery, other than the signature of the drawer of any draft drawn on the Bank; (c) the existence or genuineness of any endorsement or any marking purporting to be an endorsement on any draft or Shareholder Draft deposited in any Account or Omnibus Account, or whether such endorsement or marking is a forgery, it is being expressly understood that all risks associated with the acceptance by the Bank of any draft payable to a payee other than a Fund for deposit in any Account or Omnibus Account pursuant to Oral or Written Instructions by the Fund Group shall be borne by the Group on behalf of such Fund; (d) any discrepancy between the pre-printed investment stub (other than a substitute stub created by the Bank) and the payee either named on a draft or Shareholder Draft or written on the face thereof, provided the Bank has acted in accordance with the investment stub; (e) any discrepancy between the written amount for which any draft or Shareholder Draft is drawn and the MICR Magnetic Incription Character Recognition ("MICR") code enscribed thereon by any bank other than the Bank on any draft presented, provided the Bank has acted in accordance with the MICR code; (f) any disbursement directed by the Group on behalf of a Fund, regardless of the purpose therefor; (g) any determination of the Share balance of any Shareholder whose name is signed on any Shareholder Draft;redemption draft, (h) any determination of length of time any Shares have been owned by any Shareholder or the method of payment utilized to purchase such Shares by such Shareholder; (i) any claims, liens, attachments, stays or stop payment orders with respect to any Shares, proceeds, or money, other than a stop payment order placed by a Fund the Group on a draft drawn by such it on behalf of a Fund on its Account or an Omnibus Account; (j) the propriety and/or legality of any transaction in any Account or Omnibus Account; (k) the lack of authority of any person signing as a drawer of a draft, provided such person and his specimen signature is specified in the certificate of authorized signatures last received by the Bank; or (l) whether any Shareholder Draft redemption draft equals or exceeds any minimum amount.

Appears in 2 contracts

Samples: Cash Management and Related Services Agreement (Sessions Group), Cash Management and Related Services Agreement (Sessions Group)

No Obligation to Inquire. Without limiting the generality The Borrower hereby acknowledges and confirms to each of the foregoingOperating Lender, the Bank shall in no event be under any obligation to inquire intoFronting Lender, the Agent and the Lenders that the Operating Lender, the Fronting Lender, the Agent and the Lenders shall not be liable obliged to make any inquiry or investigation as to the right of any beneficiary to make any claim or Draft or request any payment under a Letter of Credit and payment pursuant to a Letter of Credit shall not be withheld by reason of any matters in dispute between the beneficiary thereof and the Borrower. The sole obligation of the Operating Lender, the Fronting Lender and the Agent and the Lenders with respect to Letters of Credit is to cause to be paid a Draft drawn or purporting to be drawn in accordance with the terms of the applicable Letter of Credit and for such purpose the Operating Lender, the Fronting Lender or Agent, as the case may be, is only obliged to determine that the Draft purports to comply with the terms and conditions of the relevant Letter of Credit. The Operating Lender, the Fronting Lender, the Agent and the Lenders shall not have any responsibility or liability for or any duty to inquire into the form, sufficiency (other than to the extent provided in the preceding paragraph), authorization, execution, signature, endorsement, correctness (other than to the extent provided in the preceding paragraph), genuineness or legal effect of any Draft, certificate or other document presented to it pursuant to a Letter of Credit and the Borrower unconditionally assumes all risks with respect to the same. The Borrower agrees that it assumes all risks of the acts or omissions of the beneficiary of any Letter of Credit with respect to the use by such beneficiary of the relevant Letter of Credit. The Borrower further agrees that neither the Agent nor any Lender, including the Fronting Lender and the Operating Lender, nor any of their respective officers, directors or correspondents will assume liability for, or be responsible for: (a) the due authority validity, correctness, genuineness or legal effect of any Authorized Person acting on behalf document or instrument relating to any Letter of a Fund Credit, even if such document or instrument should in connection with this Agreementfact prove to be in any respect invalid, insufficient, inaccurate, fraudulent or forged; (b) the genuineness failure of any drawer signature on document or instrument to bear any draft reference or Shareholder Draft deposited in adequate reference to any Account or Omnibus Account, or whether such signature is a forgery, other than the signature Letter of the drawer of any draft drawn on the BankCredit; (c) any failure to note the existence or genuineness amount of any endorsement or any marking purporting to be an endorsement Draft on any draft Letter of Credit or Shareholder Draft deposited in on any Account related document or Omnibus Account, or whether such endorsement or marking is a forgery, it being expressly understood that all risks associated with the acceptance by the Bank of any draft payable to a payee other than a Fund for deposit in any Account or Omnibus Account pursuant to Oral or Written Instructions by the Fund shall be borne by such Fundinstrument; (d) any discrepancy between failure of the pre-printed investment stub (beneficiary of any Letter of Credit to meet the obligations of such beneficiary to the Borrower or any other than a substitute stub created by the Bank) and the payee either named on a draft or Shareholder Draft or written on the face thereof, provided the Bank has acted in accordance with the investment stubperson; (e) any discrepancy between the written amount for which errors, inaccuracies, omissions, interruptions or delays in transmission or delivery of any draft messages, directions or Shareholder Draft is drawn and the MICR code enscribed thereon correspondence by any bank other than the Bank on any draft presentedmail, provided the Bank has acted facsimile or otherwise, whether or not they are in accordance with the MICR codecipher; (f) any disbursement directed by a Fundinaccuracies in the translation of any messages, regardless directions or correspondence or for errors in the interpretation of the purpose therefor;any technical terms; or (g) any determination failure by the Agent or any Lender, including the Fronting Lender and the Operating Lender, to make payment under any Letter of Credit as a result of any law, control or restriction rightfully or wrongfully exercised or imposed by any domestic or foreign court or government or Governmental Authority or as a result of any other cause beyond the control of the Share balance of Agent or any Shareholder whose name is signed on any Shareholder Draft; (h) any determination of length of time any Shares have been owned by any Shareholder or Lender, including the method of payment utilized to purchase such Shares by such Shareholder; (i) any claims, liens, attachments, stays or stop payment orders with respect to any Shares, proceedsFronting Lender and the Operating Lender, or moneytheir respective officers, other than a stop payment order placed by a Fund on a draft drawn by such Fund on its Account directors or an Omnibus Account; (j) the propriety and/or legality of any transaction in any Account or Omnibus Account; (k) the lack of authority of any person signing as a drawer of a draft, provided such person and his specimen signature is specified in the certificate of authorized signatures last received by the Bank; or (l) whether any Shareholder Draft equals or exceeds any minimum amountcorrespondents.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Baytex Energy Corp.)

No Obligation to Inquire. Without limiting the generality Each Borrower hereby acknowledges and confirms to each of the foregoingOperating Lenders, the Bank shall in no event be under any obligation to inquire intoFronting Lenders, the Agent and the Lenders that the Operating Lenders, the Fronting Lenders, the Agent and the Lenders shall not be liable obliged to make any inquiry or investigation as to the right of any beneficiary to make any claim or Draft or request any payment under a Letter of Credit and payment pursuant to a Letter of Credit shall not be withheld by reason of any matters in dispute between the beneficiary thereof and the applicable Borrower. The sole obligation of the Operating Lenders, the Fronting Lenders, and the Agent and the Lenders with respect to Letters of Credit is to cause to be paid a Draft drawn or purporting to be drawn in accordance with the terms of the applicable Letter of Credit and for such purpose the relevant Operating Lender, the relevant Fronting Lender, or Agent, as the case may be, is only obliged to determine that the Draft purports to comply with the terms and conditions of the relevant Letter of Credit. The Operating Lenders, the Fronting Lenders, the Agent and the Lenders shall not have any responsibility or liability for or any duty to inquire into the form, sufficiency (other than to the extent provided in the preceding paragraph), authorization, execution, signature, endorsement, correctness (other than to the extent provided in the preceding paragraph), genuineness or legal effect of any Draft, certificate or other document presented to it pursuant to a Letter of Credit and the Borrowers unconditionally assumes all risks with respect to the same. Each Borrower agrees that it assumes all risks of the acts or omissions of the beneficiary of any Letter of Credit with respect to the use by such beneficiary of the relevant Letter of Credit. The Borrowers each further agree that none of the Agent nor any Lender, including the Fronting Lenders, and the Operating Lenders, nor any of their respective officers, directors or correspondents will assume liability for, or be responsible for: (a) the due authority validity, correctness, genuineness or legal effect of any Authorized Person acting on behalf document or instrument relating to any Letter of a Fund Credit, even if such document or instrument should in connection with this Agreementfact prove to be in any respect invalid, insufficient, inaccurate, fraudulent or forged; (b) the genuineness failure of any drawer signature on document or instrument to bear any draft reference or Shareholder Draft deposited in adequate reference to any Account or Omnibus Account, or whether such signature is a forgery, other than the signature Letter of the drawer of any draft drawn on the BankCredit; (c) any failure to note the existence or genuineness amount of any endorsement or any marking purporting to be an endorsement Draft on any draft Letter of Credit or Shareholder Draft deposited in on any Account related document or Omnibus Account, or whether such endorsement or marking is a forgery, it being expressly understood that all risks associated with the acceptance by the Bank of any draft payable to a payee other than a Fund for deposit in any Account or Omnibus Account pursuant to Oral or Written Instructions by the Fund shall be borne by such Fundinstrument; (d) any discrepancy between failure of the pre-printed investment stub (beneficiary of any Letter of Credit to meet the obligations of such beneficiary to a Borrower or any other than a substitute stub created by the Bank) and the payee either named on a draft or Shareholder Draft or written on the face thereof, provided the Bank has acted in accordance with the investment stubPerson; (e) any discrepancy between the written amount for which errors, inaccuracies, omissions, interruptions or delays in transmission or delivery of any draft messages, directions or Shareholder Draft is drawn and the MICR code enscribed thereon correspondence by any bank other than the Bank on any draft presentedmail, provided the Bank has acted facsimile or otherwise, whether or not they are in accordance with the MICR codecipher; (f) any disbursement directed by a Fundinaccuracies in the translation of any messages, regardless directions or correspondence or for errors in the interpretation of the purpose therefor;any technical terms; or (g) any determination failure by the Agent or any Lender, including any Fronting Lender, or any Operating Lender, to make payment under any Letter of Credit as a result of any law, control or restriction rightfully or wrongfully exercised or imposed by any domestic or foreign court or government or Governmental Authority or as a result of any other cause beyond the control of the Share balance of Agent or any Shareholder whose name is signed on Lender, including any Shareholder Draft; (h) any determination of length of time any Shares have been owned by any Shareholder or the method of payment utilized to purchase such Shares by such Shareholder; (i) any claims, liens, attachments, stays or stop payment orders with respect to any Shares, proceedsFronting Lender, or moneyany Operating Lender, other than a stop payment order placed by a Fund on a draft drawn by such Fund on its Account or an Omnibus Account; (j) the propriety and/or legality of any transaction in any Account their respective officers, directors or Omnibus Account; (k) the lack of authority of any person signing as a drawer of a draft, provided such person and his specimen signature is specified in the certificate of authorized signatures last received by the Bank; or (l) whether any Shareholder Draft equals or exceeds any minimum amountcorrespondents.

Appears in 2 contracts

Samples: Credit Agreement (Baytex Energy Corp.), Credit Agreement (Baytex Energy Corp.)

No Obligation to Inquire. Without limiting the generality of the foregoing, the Bank shall in no event be under any obligation to inquire into, and shall not be liable for: (a) the due authority of any Authorized Person acting on behalf of a Fund in connection with this Agreement; (b) the genuineness of any drawer signature on any draft or Shareholder Draft deposited in any Account or Omnibus Account, or whether such signature is a forgery, other than the signature of the drawer of any draft drawn on the Bank; (c) the existence or genuineness of any endorsement or any marking purporting to be an endorsement on any draft or Shareholder Draft deposited in any Account or Omnibus Account, or whether such endorsement or marking is a forgery, it being expressly understood that all risks associated with the acceptance by the Bank of any draft payable to a payee other than a Fund for deposit in any Account or Omnibus Account pursuant to Oral or Written Instructions by the Fund shall be borne by such Fund; (d) any discrepancy between the pre-printed investment stub (other than a substitute stub created by the Bank) and the payee either named on a draft or Shareholder Draft or written on the face thereof, provided the Bank has acted in accordance with the investment stub; (e) any discrepancy between the written amount for which any draft or Shareholder Draft is drawn and the MICR Magnetic Incription Character Recognition ("MICR") code enscribed thereon by any bank other than the Bank on any draft presented, provided the Bank has acted in accordance with the MICR code; (f) any disbursement directed by a Fund, regardless of the purpose therefor; (g) any determination of the Share balance of any Shareholder whose name is signed on any Shareholder Draftredemption draft; (h) any determination of length of time any Shares have been owned by any Shareholder or the method of payment utilized to purchase such Shares by such Shareholder; (i) any claims, liens, attachments, stays or stop payment orders with respect to any Shares, proceeds, or money, other than a stop payment order placed by a Fund on a draft drawn by such Fund on its Account or an Omnibus Account; (j) the propriety and/or legality of any transaction in any Account or Omnibus Account; (k) the lack of authority of any person signing as a drawer of a draft, provided such person and his specimen signature is are specified in the certificate of authorized signatures last received by the Bank; or (l) whether any Shareholder Draft redemption draft equals or exceeds any minimum amount.

Appears in 2 contracts

Samples: Cash Management and Related Services Agreement (Institutional Investors Capital Appreciation Fund Inc), Cash Management and Related Services Agreement (MSB Fund Inc)

No Obligation to Inquire. Without limiting the generality of the foregoing, the Bank shall in no event be under any obligation to inquire into, and shall not be liable for: (a) the due authority of any Authorized Person acting on behalf of a Fund in connection with this Agreement; (b) the genuineness of any drawer signature on any draft or Shareholder Draft deposited in any Account or Omnibus Account, or whether such signature is a forgery, other than the signature of the drawer of any draft drawn on the Bank; (c) the existence or genuineness of any endorsement or any marking purporting to be an endorsement on any draft or Shareholder Draft deposited in any Account or Omnibus Account, or whether such endorsement or marking is a forgery, it being expressly understood that all risks associated with the acceptance by the Bank of any draft payable to a payee other than a Fund for deposit in any Account or Omnibus Account pursuant to Oral or Written Instructions by the Fund shall be borne by such Fund; (d) any discrepancy between the pre-printed investment stub (other than a substitute stub created by the Bank) and the payee either named on a draft or Shareholder Draft or written on the face thereof, provided the Bank has acted in accordance with the investment stub; (e) any discrepancy between the written amount for which any draft or Shareholder Draft is drawn and the MICR Magnetic Incription Character Recognition ("MICR") code enscribed thereon by any bank other than the Bank on any draft presented, provided the Bank has acted in accordance with the MICR code; (f) any disbursement directed by a Fund, regardless of the purpose therefor; (g) any determination of the Share balance of any Shareholder whose name is signed on any Shareholder Draftredemption draft; (h) any determination of length of time any Shares have been owned by any Shareholder or the method of payment utilized to purchase such Shares by such Shareholder; (i) any claims, liens, attachments, stays or stop payment orders with respect to any Shares, proceeds, or money, other than a stop payment order placed by a Fund on a draft drawn by such Fund on its Account or an Omnibus Account; (j) the propriety and/or legality of any transaction in any Account or Omnibus Account; (k) the lack of authority of any person signing as a drawer of a draft, provided such person and his specimen signature is specified in the certificate of authorized signatures last received by the Bank; or (l) whether any Shareholder Draft redemption draft equals or exceeds any minimum amount.

Appears in 2 contracts

Samples: Cash Management and Related Services Agreement (Tuscarora Investment Trust), Cash Management and Related Services Agreement (Victory Institutional Funds)

No Obligation to Inquire. Without limiting the generality of the foregoing, the Bank shall in no event be under any obligation to inquire into, and shall not be liable for: (a) the due authority of any Authorized Person acting on behalf of a Fund in connection with this Agreement; (b) the genuineness of any drawer signature on any draft or Shareholder Draft deposited in any Account or Omnibus Account, or whether such signature is a forgery, other than the signature of the drawer of any draft drawn on the Bank; (c) the existence or genuineness of any endorsement or any marking purporting to be an endorsement on any draft or Shareholder Draft deposited in any Account or Omnibus Account, or whether such endorsement or marking is a forgery, it being expressly understood that all risks associated with the acceptance by the Bank of any draft payable to a payee other than a Fund for deposit in any Account or Omnibus Account pursuant to Oral or Written Instructions by the Fund shall be borne by such Fund; (d) any discrepancy between the pre-printed investment stub (other than a substitute stub created by the Bank) and the payee either named on a draft or Shareholder Draft or written on the face thereof, provided the Bank has acted in accordance with the investment stub; (e) any discrepancy between the written amount for which any draft or Shareholder Draft is drawn and the MICR Magnetic Incription Character Recognition ("MICR") code enscribed thereon by any bank other than the Bank on any draft presented, provided the Bank has acted in accordance with the MICR code; (f) any disbursement directed by a Fund, regardless of the purpose therefor; (g) any determination of the Share balance of any Shareholder whose name is signed on any Shareholder Draftredemption draft; (h) any determination of length of time any Shares have been owned by any Shareholder or the method of payment utilized to purchase such Shares by such Shareholder; (i) any claims, liens, attachments, stays or stop payment orders with respect to any Shares, proceeds, or money, other than a stop payment order placed by a Fund on a draft drawn by such Fund on its Account or an Omnibus Account; (j) the propriety and/or legality of any transaction in any Account or Omnibus Account; (k) the lack of authority of any person signing as a drawer of a draft, provided such person and his specimen signature is specified in the certificate of authorized signatures last received by the Bank; or (l1) whether any Shareholder Draft redemption draft equals or exceeds any minimum amount.

Appears in 1 contract

Samples: Cash Management and Related Services Agreement (Milestone Funds)

No Obligation to Inquire. Without limiting the generality of the ------------------------ foregoing, the Bank shall in no event be under any obligation to inquire into, and shall not be liable for: (a) the due authority of any Authorized Person acting on behalf of a Fund in connection with this Agreement; (b) the The genuineness of any drawer signature on any draft or Shareholder Draft deposited in any Account or Omnibus Account, or whether such signature is a forgery, other than the signature of the drawer of any draft drawn on the Bank; (c) the existence or genuineness of any endorsement or any marking purporting to be an endorsement on any draft or Shareholder Draft deposited in any Account or Omnibus Account, or whether such endorsement or marking is a forgery, it being expressly understood that all risks associated with the acceptance by the Bank of any draft payable to a payee other than a Fund for deposit in any Account or Omnibus Account pursuant to Oral or Written Instructions by the Fund shall be borne by such Fund;. (d) any discrepancy between the pre-printed investment stub (other than a substitute stub created by the Bank) and the payee either named on a draft or Shareholder Draft or written on the face thereof, provided the Bank has acted in accordance with the investment stub; (e) any discrepancy between the written amount for which any draft or Shareholder Draft is drawn and the MICR code enscribed thereon by any bank other than the Bank on any draft presented, provided the Bank has acted in accordance with the MICR code; (f) any disbursement directed by a any Fund, regardless of the purpose therefor; (gf) any determination of the Share balance of any Shareholder whose name is signed on any Shareholder Draftredemption draft; (hg) any determination of length of time any Shares have been owned by any Shareholder or the method of payment utilized to purchase such Shares by such Shareholder; (ih) any claims, liens, attachments, stays or stop payment orders with respect to any Shares, proceeds, or money, other than a stop payment order placed by a Fund on a draft drawn by such Fund on its Account or an Omnibus Account; (ji) the propriety and/or legality of any transaction in any Account or Omnibus Accountpursuant to this Agreement; (kj) the lack of authority of any person signing as a drawer of a draft, provided such person and his specimen signature is specified in the certificate of authorized signatures last received by the Bank; or (lk) whether any Shareholder Draft redemption draft equals or exceeds any minimum amount.

Appears in 1 contract

Samples: Cash Management and Related Services Agreement (Walnut Street Funds Inc)

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No Obligation to Inquire. Without limiting the generality of the foregoing, the Bank shall in no event be under any obligation to inquire into, and shall not be liable for: (a) the due authority of any Authorized Person acting on behalf of the Trust or a Fund in connection with this Agreement; (b) the genuineness of any drawer signature on any draft or Shareholder Draft deposited in any Account or Omnibus Account, or whether such signature is a forgery, other than the signature of the drawer of any draft drawn on the Bank; (c) the existence or genuineness of any endorsement or any marking purporting to be an endorsement on any draft or Shareholder Draft deposited in any Account or Omnibus Account, or whether such endorsement or marking is a forgery, it being expressly understood that all risks associated with the acceptance by the Bank of any draft payable to a payee other than a Fund for deposit in any Account or Omnibus Account pursuant to Oral or Written Instructions by the Fund shall be borne by such Fund;or (d) any discrepancy between the pre-printed investment stub (other than a substitute stub created by the Bank) and the payee either named on a draft or Shareholder Draft or written on the face thereof, provided the Bank has acted in accordance with the investment stub; (e) any discrepancy between the written amount for which any draft or Shareholder Draft is drawn and the MICR Magnetic Incription Character Recognition ("MICR") code enscribed described thereon by any bank other than the Bank on any draft presented, provided the Bank has acted in accordance with the MICR code; (f) any disbursement directed by the Trust on behalf of a Fund, regardless of the purpose therefor; (g) any determination of the Share balance of any Shareholder whose name is signed on any Shareholder Draftredemption draft; (h) any determination of length of time any Shares have been owned by any Shareholder or the method of payment utilized to purchase such Shares by such Shareholder; (i) any claims, liens, attachments, stays or stop payment orders with respect to any Shares, proceeds, or money, other than a stop payment order placed by a Fund the Trust on a draft drawn by such it on behalf of a Fund on its Account or an Omnibus Account; (j) the propriety and/or legality of any transaction in any Account or Omnibus Account; (k) the lack of authority of any person signing as a drawer of a draft, provided such person and his specimen signature is specified in the certificate of authorized signatures last received by the Bank; or (l) whether any Shareholder Draft redemption draft equals or exceeds any minimum amount.

Appears in 1 contract

Samples: Cash Management and Related Services Agreement (Governor Funds)

No Obligation to Inquire. Without limiting the generality of the foregoing, the Bank shall in no event be under any obligation to inquire into, and shall not be liable for: (a) the due authority of any Authorized Person acting on behalf of a Fund in connection with this Agreement; (b) the genuineness of any drawer signature on any draft or Shareholder Draft deposited in any Account or Omnibus Account, or whether such signature is a forgery, other than the signature of the drawer of any draft drawn on the Bank; (c) the existence or genuineness of any endorsement or any marking purporting to be an endorsement on any draft or Shareholder Draft deposited in any Account or Omnibus Account, or whether such endorsement or marking is a forgery, it being expressly understood that all risks associated with the acceptance by the Bank of any draft payable to a payee other than a Fund for deposit in any Account or Omnibus Account pursuant to Oral or Written Instructions Instructiosn by the Fund shall be borne by such Fund;. (d) any discrepancy between the pre-printed investment stub (other than a substitute stub created by the Bank) and the payee either named on a draft or Shareholder Draft or written on the face thereof, provided the Bank has acted in accordance with the investment stub; (e) any discrepancy between the written amount for which any draft or Shareholder Draft is drawn and the MICR Magnetic Incription Character Recognition ("MICR") code enscribed thereon by any bank other than the Bank on any draft presented, provided the Bank has acted in accordance with the MICR code; (f) any disbursement directed by a any Fund, regardless of the purpose therefor; (g) any determination of the Share balance of any Shareholder whose name is signed on any Shareholder Draftredemption draft; (h) any determination of length of time any Shares have been owned by any Shareholder or the method of payment utilized to purchase such Shares by such Shareholder; (i) any claims, liens, attachments, stays or stop payment orders with respect to any Shares, proceeds, or money, other than a stop payment order placed by a Fund on a draft drawn by such Fund on its Account or an Omnibus Account; (j) the propriety and/or legality of any transaction in any Account or Omnibus Account; (k) the lack of authority of any person signing as a drawer of a draft, provided such person and his specimen signature is specified in the certificate of authorized signatures last received by the Bank; or (l) whether any Shareholder Draft redemption draft equals or exceeds any minimum amount.

Appears in 1 contract

Samples: Cash Management Agreement (Milestone Funds)

No Obligation to Inquire. Without limiting the generality of the foregoing, the Bank shall in no event be under any obligation to inquire into, and shall not be liable for: (a) the due authority of any Authorized Person acting on behalf of a Fund in connection with this Agreement; (b) the genuineness of any drawer signature on any draft or Shareholder Draft deposited in any Account or Omnibus Account, or whether such signature is a forgery, other than the signature of the drawer of any draft drawn on the Bank; (c) the existence or genuineness of any endorsement or any marking purporting to be an endorsement on any draft or Shareholder Draft deposited in any Account or Omnibus Account, or whether such endorsement or marking is a forgery, it being expressly understood that all risks associated with the acceptance by the Bank of any draft payable to a payee other than a Fund for deposit in any Account or Omnibus Account pursuant to Oral or Written Instructions by the Fund shall be borne by such Fund; (d) any discrepancy between the pre-printed investment stub (other than a substitute stub created by the Bank) and the payee either named on a draft or Shareholder Draft or written on the face thereof, provided the Bank has acted in accordance with the investment stub; (e) any discrepancy between the written amount for which any draft or Shareholder Draft is drawn and the MICR Magnetic Inscription Character Recognition ("MICR") code enscribed thereon by any bank other than the Bank on any draft presented, provided the Bank has acted in accordance with the MICR code; (f) any disbursement directed by a Fund, regardless of the purpose therefor; (g) any determination of the Share balance of any Shareholder whose name is signed on any Shareholder Draftredemption draft; (h) any determination of length of time any Shares have been owned by any Shareholder or the method of payment utilized to purchase such Shares by such Shareholder; (i) any claims, liens, attachments, stays or stop payment orders with respect to any Shares, proceeds, or money, other than a stop payment order placed by a Fund on a draft drawn by such Fund on its Account or an Omnibus Account; (j) the propriety and/or legality of any transaction in any Account or Omnibus Account; (k) the lack of authority of any person signing as a drawer of a draft, provided such person and his specimen signature is specified in the certificate of authorized signatures last received by the Bank; or (l) whether any Shareholder Draft redemption draft equals or exceeds any minimum amount.

Appears in 1 contract

Samples: Cash Management and Related Services Agreement (Asset Management Fund Inc)

No Obligation to Inquire. Without limiting the generality of the foregoing, the Bank shall in no event be under any obligation to inquire into, and shall not be liable for: (a) the due authority of any Authorized Person acting on behalf of a Fund in connection with this Agreement; (b) the The genuineness of any drawer signature on any draft or Shareholder Draft deposited in any Account or Omnibus Account, or whether such signature is a forgery, other than the signature of the drawer of any draft drawn on the Bank; (c) the existence or genuineness of any endorsement or any marking purporting to be an endorsement on any draft or Shareholder Draft deposited in any Account or Omnibus Account, or whether such endorsement or marking is a forgery, it being expressly understood that all risks associated with the acceptance by the Bank of any draft payable to a payee other than a Fund for deposit in any Account or Omnibus Account pursuant to Oral or Written Instructions by the Fund shall be borne by such Fund;. (d) any discrepancy between the pre-printed investment stub (other than a substitute stub created by the Bank) and the payee either named on a draft or Shareholder Draft or written on the face thereof, provided the Bank has acted in accordance with the investment stub; (e) any discrepancy between the written amount for which any draft or Shareholder Draft is drawn and the MICR Magnetic Inscription Character Recognition ("MICR") code enscribed inscribed thereon by any bank other than the Bank on any draft presented, provided the Bank has acted in accordance with the MICR code; (f) any disbursement directed by a any Fund, regardless of the purpose therefor; (g) any determination of the Share balance of any Shareholder whose name is signed on any Shareholder Draftredemption draft; (h) any determination of length of time any Shares have been owned by any Shareholder or the method of payment utilized to purchase such Shares by such Shareholder;, (i) any claims, liens, attachments, stays or stop payment orders with respect to any Shares, proceeds, or money, other than a stop payment order placed by a Fund on a draft drawn by such Fund on its Account or an Omnibus Account; (j) the propriety and/or legality of any transaction in any Account or Omnibus Account; (k) the lack of authority of any person signing as a drawer of a draft, draft provided such person and his specimen signature is specified in the certificate of authorized signatures last received by the Bank; or (l1) whether any Shareholder Draft redemption drafts equals or exceeds any minimum amount.

Appears in 1 contract

Samples: Cash Management and Related Services Agreement (Bny Hamilton Funds Inc)

No Obligation to Inquire. Without limiting the generality of the foregoing, the Bank shall in no event be under any obligation to inquire into, and shall not be liable for: (a) the due authority of any Authorized Person acting on behalf of a Fund in connection with this Agreement; (b) the genuineness of any drawer signature on any draft or Shareholder Draft deposited in any Account or Omnibus Account, or whether such signature is a forgery, other than the signature of the drawer of any draft drawn on the Bank; (c) the existence or genuineness of any endorsement or any marking purporting to be an endorsement on any draft or Shareholder Draft deposited in any Account or Omnibus Account, or whether such endorsement or marking is a forgery, it being expressly understood that all risks associated with the acceptance by the Bank of any draft payable to a payee other than a Fund for deposit in any Account or Omnibus Account pursuant to Oral or Written Instructions by the Fund shall be borne by such Fund;. (d) any discrepancy between the pre-printed investment stub (other than a substitute stub created by the Bank) and the payee either named on a draft or Shareholder Draft or written on the face thereof, provided the Bank has acted in accordance with the investment stub; (e) any discrepancy between the written amount for which any draft or Shareholder Draft is drawn and the MICR Magnetic Incription Character Recognition ("MICR") code enscribed thereon by any bank other than the Bank on any draft presented, provided the Bank has acted in accordance with the MICR code; (f) any disbursement directed by a any Fund, regardless of the purpose therefor; (g) any determination of the Share balance of any Shareholder whose name is signed on any Shareholder Draftredemption draft; (h) any determination of length of time any Shares have been owned by any Shareholder or the method of payment utilized to purchase such Shares by such Shareholder; (i) any claims, liens, attachments, stays or stop payment orders with respect to any Shares, proceeds, or money, other than a stop payment order placed by a Fund on a draft drawn by such Fund on its Account or an Omnibus Account; (j) the propriety and/or legality of any transaction in any Account or Omnibus Account; (k) the lack of authority of any person signing as a drawer of a draft, provided such person and his specimen signature is specified in the certificate of authorized signatures last received by the Bank; or (l) whether any Shareholder Draft redemption draft equals or exceeds any minimum amount.

Appears in 1 contract

Samples: Custody Agreement (First Eagle Fund of America Inc)

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