Common use of Opening Special Custody Accounts Clause in Contracts

Opening Special Custody Accounts. Custodian shall open one or (at the request of Broker) more separate special custody accounts, each such account to be entitled “Special Custody Account for Mxxxxxx Lynch, Pierce, Fxxxxx & Sxxxx Incorporated as Pledgee of The Cxxxxxxx & Orkin Funds, Inc. on behalf of the Market Opportunity Fund ” (each a “Special Custody Account”) and shall hold in each Special Custody Account the Collateral, Eligible Assets shall be deposited into the Special Custody Account upon Advice or Instructions, given from time to time by Broker or Customer, Each Special Custody Account shall be a Securities Account containing, among other things, Securities Entitlements within the sole dominion and control of Broker. No Collateral may be withdrawn from or transferred from the Special Custody Account other than pursuant to an Advice from Broker, and only in accordance with such Advice. Customer shall at all times have on deposit Eligible Assets in each Special Custody Account with a value (as from time to time determined by Broker in its sole discretion and notified by Broker to Customer) not less than the Adequate Margin for the Secured Obligations. Upon Advice that the value of the Eligible Assets in the Special Custody Accounts) is less than the Adequate Margin for the. Secured Obligations, Customer shall immediately deposit in the Special Custody Account additional Eligible Assets with a value (determined by Broker in its sole discretion) sufficient to remedy such deficiency, Custodian shall promptly advise Broker of each deposit, whether of Eligible Assets or otherwise, in to a Special Custody Account. All Collateral and the Special Custody Account shall be held by Custodian as agent of and custodian for Broker.

Opening Special Custody Accounts. Custodian shall shall, at the request of Customer and Broker, open one or (at the request of Broker) more separate special custody accounts, each such account to be entitled “Special Custody Account for Mxxxxxx LynchBear, Pierce, Fxxxxx & Sxxxx Incorporated Xxxxxxx Securities Corp. as Pledgee of The Cxxxxxxx & Orkin Xxxxxxx Funds, Inc. on behalf of the Market Opportunity Fund for Xxxxxxx Growth Fund” (each a “Special Custody Account”) and shall hold in each Special Custody Account the Collateral, all Eligible Assets shall be deposited into the Special Custody Account upon Advice or Instructions, given received by Custodian from time to time time, pursuant to this Agreement, for deposit (as Advised by Broker or Instructed by Customer, ) into such Special Custody Account. Each Special Custody Account shall be a Securities Account containing, among other things, Securities Entitlements in the name of Customer and within the sole dominion and control Control of Broker. No Collateral may be withdrawn from or transferred from the Customer shall deposit Eligible Assets into each Special Custody Account other than pursuant to an Advice from Broker, and only in accordance with such AdviceAccount. Customer shall at all times have on deposit Eligible Assets in each Special Custody Account with a insure that the value (as from time to time determined by Broker in its sole discretion judgment exercised in good faith and notified by Broker to Customer) not of all Eligible Assets from time to time on deposit in the Special Custody Account(s) is at least equal to the Adequate Margin for the Secured Obligations (as from time to time determined by Broker in its judgment exercised in good faith and notified by Broker to Customer). Upon Advice that the value (so determined) of the Eligible Assets in the Special Custody Account(s) is less than the Adequate Margin for the Secured Obligations. Upon Advice that the value of the Eligible Assets in the Special Custody Accounts) is less than the Adequate Margin for the. Secured Obligations, Customer shall immediately promptly deposit in the Special Custody Account therein additional Eligible Assets with a value (determined by Broker in its sole discretionso determined) sufficient to remedy such deficiency, . Customer agrees to Instruct Custodian shall promptly advise Broker of each deposit, whether of (and Custodian agrees to comply with such Instructions) as to the Eligible Assets or otherwise, which Custodian is to deposit and maintain in to a each Special Custody AccountAccount and is to identify on Custodian’s books and records as subject to Broker’s Security Interest. All Collateral and the Special Custody Account shall be held by Custodian as agent of and custodian Custodian for BrokerBroker and may be released only in accordance with the terms of this Agreement or as required by applicable law.

Opening Special Custody Accounts. Custodian shall shall, at the request of Customer and Broker, open one or (at the request of Broker) more separate special custody accounts, each such account to be entitled “Special Custody Account for Mxxxxxx LynchBear, Pierce, Fxxxxx & Sxxxx Incorporated Xxxxxxx Securities Corp. as Pledgee of The Cxxxxxxx & Orkin Xxxxxxx Funds, Inc. on behalf of the Market Opportunity Fund for Xxxxxxx Aggressive Growth Fund” (each a “Special Custody Account”) and shall hold in each Special Custody Account the Collateral, all Eligible Assets shall be deposited into the Special Custody Account upon Advice or Instructions, given received by Custodian from time to time time, pursuant to this Agreement, for deposit (as Advised by Broker or Instructed by Customer, ) into such Special Custody Account. Each Special Custody Account shall be a Securities Account containing, among other things, Securities Entitlements in the name of Customer and within the sole dominion and control Control of Broker. No Collateral may be withdrawn from or transferred from the Customer shall deposit Eligible Assets into each Special Custody Account other than pursuant to an Advice from Broker, and only in accordance with such AdviceAccount. Customer shall at all times have on deposit Eligible Assets in each Special Custody Account with a insure that the value (as from time to time determined by Broker in its sole discretion judgment exercised in good faith and notified by Broker to Customer) not of all Eligible Assets from time to time on deposit in the Special Custody Account(s) is at least equal to the Adequate Margin for the Secured Obligations (as from time to time determined by Broker in its judgment exercised in good faith and notified by Broker to Customer). Upon Advice that the value (so determined) of the Eligible Assets in the Special Custody Account(s) is less than the Adequate Margin for the Secured Obligations. Upon Advice that the value of the Eligible Assets in the Special Custody Accounts) is less than the Adequate Margin for the. Secured Obligations, Customer shall immediately promptly deposit in the Special Custody Account therein additional Eligible Assets with a value (determined by Broker in its sole discretionso determined) sufficient to remedy such deficiency, . Customer agrees to Instruct Custodian shall promptly advise Broker of each deposit, whether of (and Custodian agrees to comply with such Instructions) as to the Eligible Assets or otherwise, which Custodian is to deposit and maintain in to a each Special Custody AccountAccount and is to identify on Custodian’s books and records as subject to Broker’s Security Interest. All Collateral and the Special Custody Account shall be held by Custodian as agent of and custodian Custodian for BrokerBroker and may be released only in accordance with the terms of this Agreement or as required by applicable law.

Opening Special Custody Accounts. Custodian shall shall, at the request of Customer and Broker, open one or (at the request of Broker) more separate special custody accounts, each such account to be entitled “Special Custody Account for Mxxxxxx LynchBear, Pierce, Fxxxxx & Sxxxx Incorporated Xxxxxxx Securities Corp. as Pledgee of The Cxxxxxxx & Orkin Xxxxxxx Funds, Inc. on behalf of the Market Opportunity Fund for Xxxxxxx Small Cap Growth Fund” (each a “Special Custody Account”) and shall hold in each Special Custody Account the Collateral, all Eligible Assets shall be deposited into the Special Custody Account upon Advice or Instructions, given received by Custodian from time to time time, pursuant to this Agreement, for deposit (as Advised by Broker or Instructed by Customer, ) into such Special Custody Account. Each Special Custody Account shall be a Securities Account containing, among other things, Securities Entitlements in the name of Customer and within the sole dominion and control Control of Broker. No Collateral may be withdrawn from or transferred from the Customer shall deposit Eligible Assets into each Special Custody Account other than pursuant to an Advice from Broker, and only in accordance with such AdviceAccount. Customer shall at all times have on deposit Eligible Assets in each Special Custody Account with a insure that the value (as from time to time determined by Broker in its sole discretion judgment exercised in good faith and notified by Broker to Customer) not of all Eligible Assets from time to time on deposit in the Special Custody Account(s) is at least equal to the Adequate Margin for the Secured Obligations (as from time to time determined by Broker in its judgment exercised in good faith and notified by Broker to Customer). Upon Advice that the value (so determined) of the Eligible Assets in the Special Custody Account(s) is less than the Adequate Margin for the Secured Obligations. Upon Advice that the value of the Eligible Assets in the Special Custody Accounts) is less than the Adequate Margin for the. Secured Obligations, Customer shall immediately promptly deposit in the Special Custody Account therein additional Eligible Assets with a value (determined by Broker in its sole discretionso determined) sufficient to remedy such deficiency, . Customer agrees to Instruct Custodian shall promptly advise Broker of each deposit, whether of (and Custodian agrees to comply with such Instructions) as to the Eligible Assets or otherwise, which Custodian is to deposit and maintain in to a each Special Custody AccountAccount and is to identify on Custodian’s books and records as subject to Broker’s Security Interest. All Collateral and the Special Custody Account shall be held by Custodian as agent of and custodian Custodian for BrokerBroker and may be released only in accordance with the terms of this Agreement or as required by applicable law.

Opening Special Custody Accounts. Custodian shall open one or (at the request of Broker) more separate special custody accounts, each such account to be entitled “Special Custody Account for Mxxxxxx LynchBear, Pierce, Fxxxxx & Sxxxx Incorporated Xxxxxxx Securities Corp. as Pledgee of The Cxxxxxxx & Orkin Funds, Inc. on behalf of the Market Opportunity Fund EQ Advisors Trust - EQ/AXA Xxxxxxxxx Value Long/Short Equity Portfolio” (each a “Special Custody Account”) and shall hold in each Special Custody Account the Collateral, all Eligible Assets shall be deposited into the Special Custody Account upon Advice or Instructions, given received by Custodian from time to time time, pursuant to this Agreement, for deposit (as Advised by Broker or Instructed by Customer, ) into such Special Custody Account. Each Special Custody Account shall be a Securities Account containing, among other things, Securities Entitlements in the name of Customer and within the sole dominion and control Control of Broker. No Collateral may be withdrawn from or transferred from the Customer shall deposit Eligible Assets into each Special Custody Account other than pursuant to an Advice from Broker, and only in accordance with such AdviceAccount. Customer shall at all times have on deposit Eligible Assets in each Special Custody Account with a insure that the value (as from time to time determined by Broker in its sole discretion judgment exercised in good faith and notified by Broker to Customer) not of all Eligible Assets from time to time on deposit in the Special Custody Account(s) is at least equal to the Adequate Margin for the Secured Obligations (as from time to time determined by Broker in its judgment exercised in good faith and notified by Broker to Customer). Upon Advice that the value (so determined) of the Eligible Assets in the Special Custody Account(s) is less than the Adequate Margin for the Secured Obligations. Upon Advice that the value of the Eligible Assets in the Special Custody Accounts) is less than the Adequate Margin for the. Secured Obligations, Customer shall immediately promptly deposit in the Special Custody Account therein additional Eligible Assets with a value (determined by Broker in its sole discretionso determined) sufficient to remedy such deficiency, . Customer agrees to Instruct Custodian shall promptly advise Broker of each deposit, whether of (and Custodian agrees to comply with such Instructions) as to the Eligible Assets or otherwise, which Custodian is to deposit and maintain in to a each Special Custody AccountAccount and is to identify on Custodian’s books and records as subject to Broker’s Security Interest. All Collateral and the Special Custody Account shall be held by Custodian as agent of and custodian Custodian for BrokerBroker and may be released only in accordance with the terms of this Agreement or as required by applicable law.

Opening Special Custody Accounts. Custodian shall open one or (at the request of Broker) more separate special custody accounts, each such account to be entitled “"Special Custody Account for Mxxxxxx LynchBear, Pierce, Fxxxxx & Sxxxx Incorporated Xxxxxxx Securities Corp. as Pledgee of The Cxxxxxxx & Orkin Funds, Inc. on behalf of the Market Opportunity Fund ” ___________________" (each a “"Special Custody Account”") and shall hold in each Special Custody Account the Collateralall cash and other assets, Eligible Assets shall be deposited into the Special Custody Account upon Advice or Instructionsproperties, given items and rights received by Custodian from time to time time, pursuant to this Agreement, for deposit (as Advised by Broker or Instructed by Customer, ) into such Special Custody Account. Each Special Custody Account shall be a Securities Account containing, among other things, Securities Entitlements in the name of Customer and within the sole dominion and control Control of Broker. No Collateral may be withdrawn from or transferred from the Customer shall deposit Eligible Assets into each Special Custody Account other than pursuant to an Advice from Broker, and only in accordance with such AdviceAccount. Customer shall at all times have on deposit Eligible Assets in each Special Custody Account with a insure that the value (as from time to time determined by Broker in its sole discretion judgment exercised in good faith and notified by Broker to Customer) not of all Eligible Assets from time to time on deposit in the Special Custody Account(s) is at least equal to the Adequate Margin for the Secured Obligations (as from time to time determined by Broker in its judgment exercised in good faith and notified by Broker to Customer). Upon Advice that the value (so determined) of the Eligible Assets in the Special Custody Account(s) is less than the Adequate Margin for the Secured Obligations. Upon Advice that the value of the Eligible Assets in the Special Custody Accounts) is less than the Adequate Margin for the. Secured Obligations, Customer shall immediately promptly deposit in the Special Custody Account therein additional Eligible Assets with a value (determined by Broker in its sole discretionso determined) sufficient to remedy such deficiency. Customer agrees to Instruct Custodian (and Custodian agrees to comply with such Instructions) as to the cash and other assets, properties, items and rights which Custodian shall promptly advise Broker of is to deposit and maintain in each deposit, whether of Eligible Assets or otherwise, in to a Special Custody AccountAccount and is to identify on Custodian's books and records as subject to Broker's Security Interest. All Collateral and the Special Custody Account shall be held by Custodian as agent of and custodian Custodian for BrokerBroker and may be released only in accordance with the terms of this Agreement or as required by applicable law.

Opening Special Custody Accounts. Custodian shall shall, at the request of Customer and Broker, open one or (at the request of Broker) more separate special custody accounts, each such account to be entitled “Special Custody Account for Mxxxxxx Lynch, Pierce, Fxxxxx & Sxxxx Incorporated BSSC as Pledgee of The Cxxxxxxx & Orkin Wilshire Mutual Funds, Inc. on behalf of the Market Opportunity Fund f/b/o Wilshire Large Cap Core 130/30 Fund” (each a “Special Custody Account”) and shall hold in each Special Custody Account the Collateral, all Eligible Assets shall be deposited into the Special Custody Account upon Advice or Instructions, given received by Custodian from time to time time, pursuant to this Agreement, for deposit (as Advised by Broker or Instructed by Customer, ) into such Special Custody Account. Each Special Custody Account shall be a Securities Account containing, among other things, Securities Entitlements in the name of Customer and within the sole dominion and control Control of Broker. No Collateral may be withdrawn from or transferred from the Customer shall deposit Eligible Assets into each Special Custody Account other than pursuant to an Advice from Broker, and only in accordance with such AdviceAccount. Customer shall at all times have on deposit Eligible Assets in each Special Custody Account with a insure that the value (as from time to time determined by Broker in its sole discretion judgment exercised in good faith and notified by Broker to Customer) not of all Eligible Assets from time to time on deposit in the Special Custody Account(s) is at least equal to the Adequate Margin for the Secured Obligations (as from time to time determined by Broker in its judgment exercised in good faith and notified by Broker to Customer). Upon Advice that the value (so determined) of the Eligible Assets in the Special Custody Account(s) is less than the Adequate Margin for the Secured Obligations. Upon Advice that the value of the Eligible Assets in the Special Custody Accounts) is less than the Adequate Margin for the. Secured Obligations, Customer shall immediately promptly deposit in the Special Custody Account therein additional Eligible Assets with a value (determined by Broker in its sole discretionso determined) sufficient to remedy such deficiency, . Customer agrees to Instruct Custodian shall promptly advise Broker of each deposit, whether of (and Custodian agrees to comply with such Instructions) as to the Eligible Assets or otherwise, which Custodian is to deposit and maintain in to a each Special Custody AccountAccount and is to identify on Custodian’s books and records as subject to Broker’s Security Interest. All Collateral and the Special Custody Account shall be held by Custodian as agent of and custodian Custodian for BrokerBroker and may be released only in accordance with the terms of this Agreement or as required by applicable law.

Opening Special Custody Accounts. Custodian shall open one or (at the request of Broker) more separate special custody accounts, each such account to be entitled “Special Custody Account for Mxxxxxx Lynch, Pierce, Fxxxxx & Sxxxx Incorporated Xxxxxxx Xxxxx Professional Clearing Corp. as Pledgee of The Cxxxxxxx & Orkin Funds, Inc. on behalf of the Market Opportunity Fund Xxxxxxx Renaissance Fund” (each a “Special Custody Account”) and shall hold in each Special Custody Account the Collateral, . Eligible Assets shall be deposited into the Special Custody Account upon Advice or Instructions, given from time to time by Broker or Customer, . Each Special Custody Account shall be a Securities Account containing, among other things, Securities Entitlements within the sole dominion and control of Broker. No Collateral may be withdrawn from or transferred from the Special Custody Account other than pursuant to an Advice from Broker, and only in accordance with such Advice. Customer shall at all times have on deposit Eligible Assets in each Special Custody Account with a value (as from time to time determined by Broker in its sole discretion and notified by Broker to Customer) not less than the Adequate Margin for the Secured Obligations. Upon Advice that the value of the Eligible Assets in the Special Custody AccountsAccount(s) is less than the Adequate Margin for the. the Secured Obligations, Customer shall immediately deposit in the Special Custody Account additional Eligible Assets with a value (determined by Broker in its sole discretion) sufficient to remedy such deficiency, . Custodian shall promptly advise Broker of each deposit, whether of Eligible Assets or otherwise, in to a Special Custody Account. All Collateral and the Special Custody Account shall be held by Custodian as agent of and custodian for Broker.

Opening Special Custody Accounts. Custodian shall open one or (shall, at the request of Customer and Broker) , open one or more separate special custody accounts, each such account to be entitled “"Special Custody Account for Mxxxxxx LynchBear, Pierce, Fxxxxx & Sxxxx Incorporated as Pledgee Stearns Securities Corp. xx Xxxdgee of The Cxxxxxxx & Orkin Funds, Inc. on behalf of the Market Opportunity Fund ” "Hillview/REMS Leveraged REIT Fund" (each a “"Special Custody Account”") and shall hold in each Special Custody Account the Collateralall cash and other assets, Eligible Assets shall be deposited into the Special Custody Account upon Advice or Instructionsproperties, given items and rights received by Custodian from time to time time, pursuant to this Agreement, for deposit (as Advised by Broker or Instructed by Customer, ) into such Special Custody Account. Each Special Custody Account shall be a Securities Account containing, among other things, Securities Entitlements within in the name of Customer and shall be subject to the sole dominion and control Control of Broker. No Collateral may be withdrawn from or transferred from the Customer shall deposit Eligible Assets into each Special Custody Account other than pursuant to an Advice from Broker, and only in accordance with such AdviceAccount. Customer shall at all times have on deposit Eligible Assets in each Special Custody Account with a insure that the value (as from time to time determined by Broker in its sole discretion reasonable judgment and notified by Broker to Customer) not of all Eligible Assets from time to time on deposit in the Special Custody Account(s) is at least equal to the Adequate Margin for the Secured Obligations (as from time to time determined by Broker in its reasonable judgment and notified by Broker to Customer). Upon Advice that the value (so determined) of the Eligible Assets in the Special Custody Account(s) is less than the Adequate Margin for the Secured Obligations. Upon Advice that the value of the Eligible Assets in the Special Custody Accounts) is less than the Adequate Margin for the. Secured Obligations, Customer shall immediately promptly deposit in the Special Custody Account therein additional Eligible Assets with a value (determined by Broker in its sole discretionso determined) sufficient to remedy such deficiency. Customer agrees to Instruct Custodian (and Custodian agrees to comply with such Instructions) as to the cash and other assets, properties, items and rights which Custodian shall promptly advise Broker of is to deposit and maintain in each deposit, whether of Eligible Assets or otherwise, in to a Special Custody AccountAccount and is to identify on Custodian's books and records as subject to Broker's Security Interest. All Collateral and the Special Custody Account shall be held by Custodian as agent of and custodian Custodian for BrokerBroker and may be released only in accordance with the terms of this Agreement or as required by applicable law.

Opening Special Custody Accounts. Custodian shall open one or (at the request of Broker) more separate special custody accounts, each such account to be entitled “"Special Custody Account for Mxxxxxx Lynch, Pierce, Fxxxxx & Sxxxx Incorporated ING Barings LLC as Pledgee of The Cxxxxxxx & Orkin Funds, Inc. on behalf of the Market Opportunity Fund ” Fund, Inc." (each a “"Special Custody Account”") and shall hold in each Special Custody Account the Collateralall cash and other assets, Eligible Assets shall be deposited into the Special Custody Account upon Advice or Instructionsproperties, given items and rights received by Custodian from time to time time, pursuant to this Agreement, for deposit (as Advised by Broker or Instructed by Customer, ) into such Special Custody Account. Each Special Custody Account shall be a Securities Account containing, among other things, Securities Entitlements in the name of Customer and within the sole dominion dominion, control and control Control of Broker. No Collateral may be withdrawn from or transferred from the Customer shall deposit Eligible Assets into each Special Custody Account other than pursuant to an Advice from Broker, and only in accordance with such AdviceAccount. Customer shall at all times have on deposit Eligible Assets in each Special Custody Account with a insure that the value (as from time to time determined by Broker in its sole discretion reasonable judgment and notified by Broker to Customer) not less than of all Eligible Assets from time to time on deposit in the Special Custody Account(s) is at least equal to the Adequate Margin for the Secured ObligationsObligations (as from time to time determined by Broker in its reasonable judgment and notified by Broker to Customer). Upon Advice that the value (so determined) of the Eligible Assets in the Special Custody AccountsAccount(s) is less than the Adequate Margin margin for the. the Secured Obligations, Customer shall immediately promptly deposit in the Special Custody Account therein additional Eligible Assets with a value (determined by Broker in its sole discretionso determined) sufficient to remedy such deficiency, Customer agrees to Instruct Custodian shall promptly advise Broker of (and Custodian agrees to comply with such Instructions) as to the cash and other assets, properties, items and rights which Custodian is to deposit and maintain in each deposit, whether of Eligible Assets or otherwise, in to a Special Custody AccountAccount and is to identify on Custodian's books and records as subject to Broker's Security Interest. All Collateral and the Special Custody Account shall be held by Custodian as agent of and custodian Custodian for BrokerBroker and may be released only in accordance with the terms of this Agreement or as required by applicable law.

Opening Special Custody Accounts. Custodian shall open one or (at the request of Broker) more separate special custody accounts, each such account to be entitled “Special Custody Account for Mxxxxxx Lynch, Pierce, Fxxxxx & Sxxxx Incorporated Xxxxxxx Xxxxx Professional Clearing Corp. as Pledgee of The Cxxxxxxx & Orkin Funds, Inc. on behalf [name of the Market Opportunity Fund customer]” (each a “Special Custody Account”) and shall hold in each Special Custody Account the Collateral, . Eligible Assets shall be deposited into the Special Custody Account upon Advice or Instructions, given from time to time by Broker or Customer, . Each Special Custody Account shall be a Securities Account containing, among other things, Securities Entitlements within the sole dominion and control of Broker. No Collateral may be withdrawn from or transferred from the Special Custody Account other than pursuant to an Advice from Broker, and only in accordance with such Advice. Customer shall at all times have on deposit Eligible Assets in each Special Custody Account with a value (as from time to time determined by Broker in its sole discretion and notified by Broker to Customer) not less than the Adequate Margin for the Secured Obligations. Upon Advice that the value of the Eligible Assets in the Special Custody AccountsAccount(s) is less than the Adequate Margin for the. the Secured Obligations, Customer shall immediately deposit in the Special Custody Account additional Eligible Assets with a value (determined by Broker in its sole discretion) sufficient to remedy such deficiency, . Custodian shall promptly advise Broker of each deposit, whether of Eligible Assets or otherwise, in to a Special Custody Account. All Collateral and the Special Custody Account shall be held by Custodian as agent of and custodian for Broker.

Opening Special Custody Accounts. Custodian Custodian, in its capacity as a Securities Intermediary (as defined in Section 8-102(a)14 of Revised Article 8), shall open one or more (at the request of Customer and Broker) more separate special custody accountsaccounts on its books, each such account to be entitled “"Special Custody Account for Mxxxxxx LynchNational Financial Services LLC, Pierce, Fxxxxx & Sxxxx Incorporated as Pledgee for the benefit of The Cxxxxxxx & Orkin Funds, Inc. on behalf of the Market Opportunity Fund ” Hillview REMS Leveraged REIT Fund; Collateral for Margin and Short Sales Activity" (each a “"Special Custody Account”") and shall hold in each Special Custody Account Account, upon the Collateralterms of this Agreement, Eligible Assets shall be deposited into all of the Special Custody Account upon Advice Collateral (subject to the Security Interest of Broker) and all monies or Instructionsother property paid on or distributed with respect thereto (subject, given from time however, to time by Broker the rights of the Customer in or Customer, to any such monies or property set forth in Section 4(b) hereof) or realized on the sale of any portion thereof. Each Special Custody Account shall be a Securities Account containing, among other things, Securities Entitlements (as defined in Section 8-501(a) of Revised Article 8) in the name of the Customer and within the sole dominion dominion, control and control Control of Broker, subject to the terms of this Agreement. No Collateral may Customer shall deposit Collateral, as required by Broker to meet Adequate Margin requirements, into each Special Custody Account. Customer agrees to Instruct Custodian (and Custodian agrees to comply with such Instructions) to deposit the cash (U.S. dollars) and specific domestic securities which Customer shall be withdrawn from or transferred from pledging to Broker into each Special Custody Account, and Custodian agrees (subject to the terms hereof) to maintain such cash and securities in the Special Custody Account Accounts identified by Customer for such purposes. Custodian shall (1) identify such deposited cash and securities on its books and records as being subject to the Security Interest (as defined in Section 2(b) below) of the Broker, (2) hold such cash and securities as Securities Intermediary hereunder, (3) treat such securities, for purposes of Revised Article 8, as Financial Assets (as defined in Section 8-102(a)(9) thereof ), to the extent that Revised Article 8 may be applicable thereto, and (4) release such cash and securities only in accordance with the terms of this Agreement or as required by applicable law. The Custodian shall take such actions with respect to any Collateral and other than pursuant assets in the Special Custody Account(s) (including without limitation the delivery thereof to Broker without the payment of money or value, if so requested by Broker), as Broker shall, in accordance with the terms hereof, so direct in an Advice from Broker, and only in accordance with no event shall any consent of Customer be required for the taking of any such Adviceaction by Custodian. Customer For purposes of this Agreement, Broker shall at all times have on deposit Eligible Assets determine the value of the Collateral and other assets in each the Special Custody Account with a value (Account(s) as it shall determine from time to time determined by Broker in its sole discretion discretion, and notified by Broker retains the right to Customer) not less than give no value to certain Collateral as it may deem necessary for its protection. Customer shall ensure that the value, as so determined, of the Collateral on deposit at any time in any Special Custody Account is at least equal to the Adequate Margin for the Secured ObligationsObligations related thereto. Upon Advice Customer represents and warrants to Broker that the value of the Eligible Assets Collateral shall be at all times in the Special Custody Accounts) is less than the Adequate Margin for the. Secured Obligationsgood, Customer shall immediately deposit in the Special Custody Account additional Eligible Assets with a value freely deliverable and transferable form (determined by Broker in its sole discretion) sufficient to remedy such deficiency, or Custodian shall promptly advise Broker have the unrestricted power to put such securities into good, freely deliverable and transferable form) in accordance with the requirements of each deposit, whether of Eligible Assets such exchanges and other markets as may be the primary market or otherwise, in to a Special Custody Account. All Collateral and the Special Custody Account shall be held by Custodian as agent of and custodian markets for Brokersuch Collateral.

Opening Special Custody Accounts. Custodian shall open one or (at the request of Broker) more separate special custody accounts, each such account to be entitled “"Special Custody Account for Mxxxxxx LynchBear, Pierce, Fxxxxx & Sxxxx Incorporated Stearns Securities Corp. as Pledgee of The Cxxxxxxx & Orkin FundsMellon Institutional Invexxxxxx Trust, Inc. on behalf of the its series, Mellon Institutional Market Opportunity Fund ” Neutral Fund" (each a “"Special Custody Account”") and shall hold in each Special Custody Account the Collateral, all Eligible Assets shall be deposited into the Special Custody Account upon Advice or Instructions, given received by Custodian from time to time time, pursuant to this Agreement, and, to the extent not inconsistent herewith, the Custodian Contract, for deposit (as Advised by Broker or Instructed by Customer, ) into such Special Custody Account. Each Special Custody Account shall be a Securities Account containing, among other things, Securities Entitlements in the name of Customer and within the sole dominion and control Control of Broker. No Collateral may be withdrawn from or transferred from the Customer shall deposit Eligible Assets into each Special Custody Account other than pursuant to an Advice from Broker, and only in accordance with such AdviceAccount. Customer shall at all times have on deposit Eligible Assets in each Special Custody Account with a insure that the value (as from time to time determined by Broker in its sole discretion judgment exercised in good faith and notified by Broker to Customer) not of all Eligible Assets from time to time on deposit in the Special Custody Account(s) is at least equal to the Adequate Margin for the Secured Obligations (as from time to time determined by Broker in its judgment exercised in good faith and notified by Broker to Customer). Upon Advice that the value (so determined) of the Eligible Assets in the Special Custody Account(s) is less than the Adequate Margin for the Secured Obligations. Upon Advice that the value of the Eligible Assets in the Special Custody Accounts) is less than the Adequate Margin for the. Secured Obligations, Customer shall immediately promptly deposit in the Special Custody Account therein additional Eligible Assets with a value (determined by Broker in its sole discretionso determined) sufficient to remedy such deficiency, . Customer agrees to Instruct Custodian shall promptly advise Broker of each deposit, whether of (and Custodian agrees to comply with such Instructions) as to the Eligible Assets or otherwise, which Custodian is to deposit and maintain in to a each Special Custody AccountAccount and is to identify on Custodian's books and records as subject to Broker's Security Interest. All Collateral and the Special Custody Account shall be held by Custodian as agent of Broker and custodian for Brokershall be released by Custodian only in accordance with the terms of this Agreement or as required by applicable law.