Common use of Overdrafts and Indebtedness Clause in Contracts

Overdrafts and Indebtedness. 1. Fund will have sufficient immediately available funds each day in the Cash Account (without regard to any Cash Account investments) to pay for the settlement of all Financial Assets delivered to the Fund against payment by Fund and credited to the Securities Account. If a debit to the Cash Account results (or will result) in a debit balance, the Custodian may, in its discretion, (i) advance an amount equal to the overdraft, (ii) refuse to settle in whole or in part the transaction causing such debit balance, or (iii) if any such transaction is posted to the Securities Account, reverse any such posting. If Custodian elects to make such advance, the advance will be deemed a loan to the Fund, payable on demand, bearing interest at the applicable rate charged by Custodian from time to time, for such overdrafts, from the date of such advance to the date of payment (both after as well as before judgment) and otherwise on the terms on which Custodian makes similar overdrafts available from time to time.

Appears in 3 contracts

Samples: Custody Agreement (Business Development Corp of America), Custody Agreement (Business Development Corp of America), Custody Agreement (Main Street Capital CORP)

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Overdrafts and Indebtedness. 1. Fund will have sufficient immediately available funds each day in the Cash Control Account (without regard to any Cash Control Account investments) to pay for the settlement of all Financial Assets delivered to the Fund against payment by Fund and credited to the Securities Control Account. If a debit to the Cash Control Account results (or will result) in a debit balance, the Custodian may, in its discretion, (i) advance an amount equal to the overdraft, (ii) refuse to settle in whole or in part the transaction causing such debit balance, or (iii) if any such transaction is posted to the Securities Control Account, reverse any such posting. If Custodian elects to make such advance, the advance will be deemed a loan to the Fund, payable on demand, bearing interest at the applicable rate charged by Custodian from time to time, for such overdrafts, from the date of such advance to the date of payment (both after as well as before judgment) and otherwise on the terms on which Custodian makes similar overdrafts available from time to time.

Appears in 2 contracts

Samples: Custody Agreement (MVC Capital, Inc.), Custody Agreement (MVC Capital, Inc.)

Overdrafts and Indebtedness. 1. Fund will have sufficient immediately available funds each day in the Cash Account (without regard to any Cash Account investments) to pay for the settlement of all Financial Assets delivered to the Fund against payment by Fund and credited to the Securities Account. If a debit to the Cash Account results (or will result) in a debit balance, the Custodian may, in its discretion, (ia) advance an amount equal to the overdraft, (iib) refuse to settle in whole or in part the transaction causing such debit balance, or (iiic) if any such transaction is posted to the Securities Account, reverse any such posting. If Custodian elects to make such advance, the advance will be deemed a loan to the Fund, payable on demand, bearing interest at the applicable rate charged by Custodian from time to time, for such overdrafts, from the date of such advance to the date of payment (both after as well as before judgment) and otherwise on the terms on which Custodian makes similar overdrafts available from time to time.

Appears in 2 contracts

Samples: Custody Agreement (HMS Income Fund, Inc.), Agreement (HMS Income Fund, Inc.)

Overdrafts and Indebtedness. 1. Each of the Fund and Holding will have sufficient immediately available funds each day in the its Cash Account (without regard to any such Cash Account investments) to pay for the settlement of all Financial Assets delivered to the Fund it against payment by Fund it and credited to the Securities Account. If a debit to the a Cash Account results (or will result) in a debit balance, the Custodian may, in its discretion, (ia) advance an amount equal to the overdraft, (iib) refuse to settle in whole or in part the transaction causing such debit balance, or (iiic) if any such transaction is posted to the Securities Account, reverse any such posting. If Custodian elects to make such advance, the advance will be deemed a loan to the FundFund or Holding, as applicable, payable on demand, bearing interest at the applicable rate charged by Custodian from time to time, for such overdrafts, from the date of such advance to the date of payment (both after as well as before judgment) and otherwise on the terms on which Custodian makes similar overdrafts available from time to time.

Appears in 1 contract

Samples: Custody Agreement (HMS Income Fund, Inc.)

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Overdrafts and Indebtedness. 1. Fund will have sufficient immediately available funds each day in the Cash Control Account (without regard to any Cash Control Account investments) to pay for the settlement of all Financial Assets delivered to the Fund against payment by Fund and credited to the Securities Account. If a debit to the Cash Control Account results (or will result) in a debit balance, the Custodian may, in its discretion, (i) advance an amount equal to the overdraft, (ii) refuse to settle in whole or in part the transaction causing such debit balance, or (iii) if any such transaction is posted to the Securities Account, reverse any such posting. If Custodian elects to make such advance, the advance will be deemed a loan to the Fund, payable on demand, bearing interest at the applicable rate charged by Custodian from time to time, for such overdrafts, from the date of such advance to the date of payment (both after as well as before judgment) and otherwise on the terms on which Custodian makes similar overdrafts available from time to time.

Appears in 1 contract

Samples: Custody Agreement (Main Street Capital CORP)

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