OVERDRAFTS OR INDEBTEDNESS. (a) Custodian shall advance funds under this Agreement with respect to any Portfolio which results in an overdraft because the moneys held by Custodian in the separate account for such Portfolio shall be insufficient to pay the total amount payable upon a purchase of securities by such Portfolio, as set forth in an Officer's Certificate or Oral or Written Instructions, or which results in an overdraft in the separate account of such Portfolio for some other reason, or if the Trust is for any other reason indebted to Custodian, including any indebtedness to The Bank of New York under the Trust's Cash Management and Related Services Agreement, (except a borrowing for investment or for temporary or emergency purposes using securities as collateral pursuant to a separate agreement and subject to the provisions of Paragraph 25(b) hereof), such overdraft or indebtedness shall be deemed to be a loan made by Custodian to the Trust for such Portfolio payable on demand and shall bear interest from the date incurred at a rate per annum (based on a 360-day year for the actual number of days involved) equal to the overdraft rate specified in Schedule III to this Agreement. In addition, the Trust hereby agrees that Custodian shall have a continuing lien, security entitlement and security interest in and to any property at any time held by it for the benefit of such Portfolio or in which the Portfolio may have an interest which is then in Custodian's possession or control or in possession or control of any third party acting on Custodian's behalf. The Trust authorizes Custodian, in its sole discretion, at any time to charge any such overdraft or indebtedness together with interest due thereon against any balance of account standing to such Portfolio's credit on Custodian's books. In addition, the Trust hereby covenants that on each Business Day on which either it intends to enter a Reverse Repurchase Agreement and/or otherwise borrow from a third party, or which next succeeds a Business Day on which at the close of business the Trust had outstanding a Reverse Repurchase Agreement or such a borrowing, it shall prior to 1:00 p.m., New York City time, advise Custodian, in writing, of each such borrowing, shall specify the Portfolio to which the same relates, and shall not incur any indebtedness not so specified other than from Custodian. (b) The Trust will cause to be delivered to Custodian by any bank (including, if the borrowing is pursuant to a separate agreement, Custodian) from which it borrows money for investment or for temporary or emergency purposes using securities held by Custodian hereunder as collateral for such borrowings, a notice or undertaking in the form currently employed by such bank setting forth the amount which such bank will loan to the Trust against delivery of a stated amount of collateral. The Trust shall promptly deliver to Custodian Written Instruction specifying with respect to each such borrowing: (a) the Portfolio to which such borrowing relates; (b) the name of the bank; (c) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note, duly endorsed by the Portfolio, or other loan agreement; (d) the time and date, if known, on which the loan is to be entered into; (e) the date on which the loan becomes due and payable; (f) the total amount payable to the Portfolio on the borrowing date; (g) the market value of securities to be delivered as collateral for such loan, including the name of the issuer, the title and the number of shares or the principal amount of any particular securities and (h) a statement specifying whether such loan is for investment purposes or for temporary or emergency purposes and that such loan is in conformance with the 1940 Act and the Portfolio's prospectus. Custodian shall deliver on the borrowing date specified in Written Instructions the specified collateral and the executed promissory note, if any, against delivery by the lending bank of the total amount of the loan payable, provided that the same conforms to the total amount payable as set forth in such Written Instructions. Custodian may, at the option of the lending bank, keep such collateral in its possession, but such collateral shall be subject to all rights therein given the lending bank by virtue of any promissory note or loan agreement. Custodian shall deliver such securities as additional collateral as may be specified in Written Instructions to collateralize further any transaction described in this Paragraph 25(b). The Trust shall cause all securities released from collateral status to be returned directly to Custodian, and Custodian shall receive from time to time such return of collateral as may be tendered to it. In the event that the Trust fails to specify in Written Instructions the Portfolio, the name of the issuer, the title and number of shares or the principal amount of any particular securities to be delivered as collateral by Custodian, Custodian shall not be under any obligation to deliver any securities.
Appears in 5 contracts
Samples: Custody Agreement (Nations Annuity Trust), Custody Agreement (Nations Annuity Trust), Custody Agreement (Nations Master Investment Trust)
OVERDRAFTS OR INDEBTEDNESS. (a) Custodian shall advance funds under this Agreement with respect to any Master Portfolio which results in an overdraft because the moneys held by Custodian in the separate account for such Master Portfolio shall be insufficient to pay the total amount payable upon a purchase of securities by such Master Portfolio, as set forth in an Officer's Certificate or Oral or Written Instructions, or which results in an overdraft in the separate account of such Master Portfolio for some other reason, or if the Master Trust is for any other reason indebted to Custodian, including any indebtedness to The Bank of New York under the Master Trust's Cash Management and Related Services Agreement, (except a borrowing for investment or for temporary or emergency purposes using securities as collateral pursuant to a separate agreement and subject to the provisions of Paragraph 25(b) hereof), such overdraft or indebtedness shall be deemed to be a loan made by Custodian to the Master Trust for such Master Portfolio payable on demand and shall bear interest from the date incurred at a rate per annum (based on a 360-day year for the actual number of days involved) equal to the overdraft rate specified in Schedule III to this Agreement. In addition, the Master Trust hereby agrees that to the extent of such overdraft or indebtedness, Custodian shall have a continuing lien, security entitlement and security interest in and to any property at any time held by it for the benefit of such Master Portfolio or in which the Master Portfolio may have an interest which is then in Custodian's possession or control or in possession or control of any third party acting on Custodian's behalf. The Master Trust authorizes Custodian, in its sole discretion, at any time to charge any such overdraft or indebtedness together with interest due thereon against any balance of account standing to such Master Portfolio's credit on Custodian's books. In addition, the Master Trust hereby covenants that on each Business Day on which either it intends to enter a Reverse Repurchase Agreement and/or otherwise borrow from a third party, or which next succeeds a Business Day on which at the close of business the Master Trust had outstanding a Reverse Repurchase Agreement or such a borrowing, it shall prior to 1:00 p.m., New York City time, advise Custodian, in writing, of each such borrowing, shall specify the Master Portfolio to which the same relates, and shall not incur any indebtedness not so specified other than from Custodian.
(b) The Master Trust will cause to be delivered to Custodian by any bank (including, if the borrowing is pursuant to a separate agreement, Custodian) from which it borrows money for investment or for temporary or emergency purposes using securities held by Custodian hereunder as collateral for such borrowings, a notice or undertaking in the form currently employed by such bank setting forth the amount which such bank will loan to the Master Trust against delivery of a stated amount of collateral. The Master Trust shall promptly deliver to Custodian Written Instruction Instructions specifying with respect to each such borrowing: such
(a) the Master Portfolio to which such borrowing relates; (b) the name of the bank; (c) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note, duly endorsed by the Master Portfolio, or other loan agreement; (d) the time and date, if known, on which the loan is to be entered into; (e) the date on which the loan becomes due and payable; (f) the total amount payable to the Master Portfolio on the borrowing date; (g) the market value of securities to be delivered as collateral for such loan, including the name of the issuer, the title and the number of shares or the principal amount of any particular securities and (h) a statement specifying whether such loan is for investment purposes or for temporary or emergency purposes and that such loan is in conformance with the 1940 Act and the Master Portfolio's prospectus. Custodian shall deliver on the borrowing date specified in Written Instructions the specified collateral and the executed promissory note, if any, against delivery by the lending bank of the total amount of the loan payable, provided that the same conforms to the total amount payable as set forth in such Written Instructions. Custodian may, at the option of the lending bank, keep such collateral in its possession, but such collateral shall be subject to all rights therein given the lending bank by virtue of any promissory note or loan agreement. Custodian shall deliver such securities as additional collateral as may be specified in Written Instructions to collateralize further any transaction described in this Paragraph 25(b). The Master Trust shall cause all securities released from collateral status to be returned directly to Custodian, and Custodian shall receive from time to time such return of collateral as may be tendered to it. In the event that the Master Trust fails to specify in Written Instructions the Master Portfolio, the name of the issuer, the title and number of shares or the principal amount of any particular securities to be delivered as collateral by Custodian, Custodian shall not be under any obligation to deliver any securities.
Appears in 4 contracts
Samples: Custody Agreement (Nations Master Investment Trust), Custody Agreement (Nations Master Investment Trust), Custody Agreement (Nations Master Investment Trust)
OVERDRAFTS OR INDEBTEDNESS. (a) Custodian shall advance funds under this Agreement with respect to any Portfolio Fund which results in an overdraft because the moneys held by Custodian in the separate account for such Portfolio Fund shall be insufficient to pay the total amount payable upon a purchase of securities by such PortfolioFund, as set forth in an Officer's Certificate or Oral or Written Instructions, or which results in an overdraft in the separate account of such Portfolio Fund for some other reason, or if the Trust is for any other reason indebted to Custodian, including any indebtedness to The Bank of New York under the Trust's Cash Management and Related Services Agreement, (except a borrowing for investment or for temporary or emergency purposes using securities as collateral pursuant to a separate agreement and subject to the provisions of Paragraph 25(b) hereof), such overdraft or indebtedness shall be deemed to be a loan made by Custodian to the Trust for such Portfolio Fund payable on demand and shall bear interest from the date incurred at a rate per annum (based on a 360-day year for the actual number of days involved) equal to the overdraft rate specified in Schedule III IV to this Agreement. In addition, the Trust hereby agrees that Custodian shall have a continuing lien, security entitlement and security interest in and to any property at any time held by it for the benefit of such Portfolio Fund or in which the Portfolio Fund may have an interest which is then in Custodian's possession or control or in possession or control of any third party acting on Custodian's behalf. The Trust authorizes Custodian, in its sole discretion, at any time to charge any such overdraft or indebtedness together with interest due thereon against any balance of account standing to such PortfolioFund's credit on Custodian's books. In addition, the Trust hereby covenants that on each Business Day on which either it intends to enter a Reverse Repurchase Agreement and/or otherwise borrow from a third party, or which next succeeds a Business Day on which at the close of business the Trust had outstanding a Reverse Repurchase Agreement or such a borrowing, it shall prior to 1:00 p.m., New York City time, advise Custodian, in writing, of each such borrowing, shall specify the Portfolio Fund to which the same relates, and shall not incur any indebtedness not so specified other than from Custodian.
(b) The Trust will cause to be delivered to Custodian by any bank (including, if the borrowing is pursuant to a separate agreement, Custodian) from which it borrows money for investment or for temporary or emergency purposes using securities held by Custodian hereunder as collateral for such borrowings, a notice or undertaking in the form currently employed by such bank setting forth the amount which such bank will loan to the Trust against delivery of a stated amount of collateral. The Trust shall promptly deliver to Custodian Written Instruction specifying with respect to each such borrowing: (a) the Portfolio Fund to which such borrowing relates; (b) the name of the bank; , (c) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note, duly endorsed by the PortfolioFund, or other loan agreement; , (d) the time and date, if known, on which the loan is to be entered into; , (e) the date on which the loan becomes due and payable; , (f) the total amount payable to the Portfolio Fund on the borrowing date; , (g) the market value of securities to be delivered as collateral for such loan, including the name of the issuer, the title and the number of shares or the principal amount of any particular securities securities, and (h) a statement specifying whether such loan is for investment purposes or for temporary or emergency purposes and that such loan is in conformance with the 1940 Act and the PortfolioFund's prospectus. Custodian shall deliver on the borrowing date specified in Written Instructions the specified collateral and the executed promissory note, if any, against delivery by the lending bank of the total amount of the loan payable, provided that the same conforms to the total amount payable as set forth in such Written Instructions. Custodian may, at the option of the lending bank, keep such collateral in its possession, but such collateral shall be subject to all rights therein given the lending bank by virtue of any promissory note or loan agreement. Custodian shall deliver such securities as additional collateral as may be specified in Written Instructions to collateralize further any transaction described in this Paragraph 25(b). The Trust shall cause all securities released from collateral status to be returned directly to Custodian, and Custodian shall receive from time to time such return of collateral as may be tendered to it. In the event that the Trust fails to specify in Written Instructions the PortfolioFund, the name of the issuer, the title and number of shares or the principal amount of any particular securities to be delivered as collateral by Custodian, Custodian shall not be under any obligation to deliver any securities.
Appears in 3 contracts
Samples: Custody Agreement (Nations Fund Trust), Custody Agreement (Nations Fund Trust), Custody Agreement (Nations Fund Trust)
OVERDRAFTS OR INDEBTEDNESS. (a) Custodian shall advance funds under this Agreement with respect to any Master Portfolio which results in an overdraft because the moneys held by Custodian in the separate account for such Master Portfolio shall be insufficient to pay the total amount payable upon a purchase of securities by such Master Portfolio, as set forth in an Officer's Certificate or Oral or Written Instructions, or which results in an overdraft in the separate account of such Master Portfolio for some other reason, or if the Trust is for any other reason indebted to Custodian, including any indebtedness to The Bank of New York under the Trust's Cash Management and Related Services Agreement, (except a borrowing for investment or for temporary or emergency purposes using securities as collateral pursuant to a separate agreement and subject to the provisions of Paragraph 25(b) hereof), such overdraft or indebtedness shall be deemed to be a loan made by Custodian to the Trust for such Master Portfolio payable on demand and shall bear interest from the date incurred at a rate per annum (based on a 360-day year for the actual number of days involved) equal to the overdraft rate specified in Schedule III to this Agreement. In addition, the Trust hereby agrees that Custodian shall have a continuing lien, security entitlement and security interest in and to any property at any time held by it for the benefit of such Master Portfolio or in which the Master Portfolio may have an interest which is then in Custodian's possession or control or in possession or control of any third party acting on Custodian's behalf. The Trust authorizes Custodian, in its sole discretion, at any time to charge any such overdraft or indebtedness together with interest due thereon against any balance of account standing to such Master Portfolio's credit on Custodian's books. In addition, the Trust hereby covenants that on each Business Day on which either it intends to enter a Reverse Repurchase Agreement and/or otherwise borrow from a third party, or which next succeeds a Business Day on which at the close of business the Trust had outstanding a Reverse Repurchase Agreement or such a borrowing, it shall prior to 1:00 p.m., New York City time, advise Custodian, in writing, of each such borrowing, shall specify the Master Portfolio to which the same relates, and shall not incur any indebtedness not so specified other than from Custodian.
(b) The Trust will cause to be delivered to Custodian by any bank (including, if the borrowing is pursuant to a separate agreement, Custodian) from which it borrows money for investment or for temporary or emergency purposes using securities held by Custodian hereunder as collateral for such borrowings, a notice or undertaking in the form currently employed by such bank setting forth the amount which such bank will loan to the Trust against delivery of a stated amount of collateral. The Trust shall promptly deliver to Custodian Written Instruction Instructions specifying with respect to each such borrowing: (a) the Master Portfolio to which such borrowing relates; (b) the name of the bank; (c) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note, duly endorsed by the Master Portfolio, or other loan agreement; (d) the time and date, if known, on which the loan is to be entered into; (e) the date on which the loan becomes due and payable; (f) the total amount payable to the Master Portfolio on the borrowing date; (g) the market value of securities to be delivered as collateral for such loan, including the name of the issuer, the title and the number of shares or the principal amount of any particular securities and (h) a statement specifying whether such loan is for investment purposes or for temporary or emergency purposes and that such loan is in conformance with the 1940 Act and the Master Portfolio's prospectus. Custodian shall deliver on the borrowing date specified in Written Instructions the specified collateral and the executed promissory note, if any, against delivery by the lending bank of the total amount of the loan payable, provided that the same conforms to the total amount payable as set forth in such Written Instructions. Custodian may, at the option of the lending bank, keep such collateral in its possession, but such collateral shall be subject to all rights therein given the lending bank by virtue of any promissory note or loan agreement. Custodian shall deliver such securities as additional collateral as may be specified in Written Instructions to collateralize further any transaction described in this Paragraph 25(b). The Trust shall cause all securities released from collateral status to be returned directly to Custodian, and Custodian shall receive from time to time such return of collateral as may be tendered to it. In the event that the Trust fails to specify in Written Instructions the Master Portfolio, the name of the issuer, the title and number of shares or the principal amount of any particular securities to be delivered as collateral by Custodian, Custodian shall not be under any obligation to deliver any securities.
Appears in 3 contracts
Samples: Custody Agreement (Nations Master Investment Trust), Custodian Agreement (Nations Master Investment Trust), Custody Agreement (Nations Master Investment Trust)
OVERDRAFTS OR INDEBTEDNESS. (a) Custodian shall advance funds under this Agreement with respect to any Portfolio which results in an overdraft because the moneys held by Custodian in the separate account for such Portfolio shall be insufficient to pay the total amount payable upon a purchase of securities by such Portfolio, as set forth in an Officer's Certificate or Oral or Written Instructions, or which results in an overdraft in the separate account of such Portfolio for some other reason, or if the Trust is for any other reason indebted to Custodian, including any indebtedness to The Bank of New York under the Trust's Cash Management and Related Services Agreement, (except a borrowing for investment or for temporary or emergency purposes using securities as collateral pursuant to a separate agreement and subject to the provisions of Paragraph 25(b) hereof), such overdraft or indebtedness shall be deemed to be a loan made by Custodian to the Trust for such Portfolio payable on demand and shall bear interest from the date incurred at a rate per annum (based on a 360-day year for the actual number of days involved) equal to the overdraft rate specified in Schedule III to this Agreement. In addition, the Trust hereby agrees that to the extent of such overdraft or indebtedness, Custodian shall have a continuing lien, security entitlement and security interest in and to any property at any time held by it for the benefit of such Portfolio or in which the Portfolio may have an interest which is then in Custodian's possession or control or in possession or control of any third party acting on Custodian's behalf. The Trust authorizes Custodian, in its sole discretion, at any time to charge any such overdraft or indebtedness together with interest due thereon against any balance of account standing to such Portfolio's credit on Custodian's books. In addition, the Trust hereby covenants that on each Business Day on which either it intends to enter a Reverse Repurchase Agreement and/or otherwise borrow from a third party, or which next succeeds a Business Day on which at the close of business the Trust had outstanding a Reverse Repurchase Agreement or such a borrowing, it shall prior to 1:00 p.m., New York City time, advise Custodian, in writing, of each such borrowing, shall specify the Portfolio to which the same relates, and shall not incur any indebtedness not so specified other than from Custodian.
(b) The Trust will cause to be delivered to Custodian by any bank (including, if the borrowing is pursuant to a separate agreement, Custodian) from which it borrows money for investment or for temporary or emergency purposes using securities held by Custodian hereunder as collateral for such borrowings, a notice or undertaking in the form currently employed by such bank setting forth the amount which such bank will loan to the Trust against delivery of a stated amount of collateral. The Trust shall promptly deliver to Custodian Written Instruction Instructions specifying with respect to each such borrowing: (a) the Portfolio to which such borrowing relates; (b) the name of the bank; (c) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note, duly endorsed by the Portfolio, or other loan agreement; (d) the time and date, if known, on which the loan is to be entered into; (e) the date on which the loan becomes due and payable; (f) the total amount payable to the Portfolio on the borrowing date; (g) the market value of securities to be delivered as collateral for such loan, including the name of the issuer, the title and the number of shares or the principal amount of any particular securities and (h) a statement specifying whether such loan is for investment purposes or for temporary or emergency purposes and that such loan is in conformance with the 1940 Act and the Portfolio's prospectus. Custodian shall deliver on the borrowing date specified in Written Instructions the specified collateral and the executed promissory note, if any, against delivery by the lending bank of the total amount of the loan payable, provided that the same conforms to the total amount payable as set forth in such Written Instructions. Custodian may, at the option of the lending bank, keep such collateral in its possession, but such collateral shall be subject to all rights therein given the lending bank by virtue of any promissory note or loan agreement. Custodian shall deliver such securities as additional collateral as may be specified in Written Instructions to collateralize further any transaction described in this Paragraph 25(b). The Trust shall cause all securities released from collateral status to be returned directly to Custodian, and Custodian shall receive from time to time such return of collateral as may be tendered to it. In the event that the Trust fails to specify in Written Instructions the Portfolio, the name of the issuer, the title and number of shares or the principal amount of any particular securities to be delivered as collateral by Custodian, Custodian shall not be under any obligation to deliver any securities.
Appears in 2 contracts
Samples: Custody Agreement (Nations Separate Account Trust), Custody Agreement (Nations Separate Account Trust)
OVERDRAFTS OR INDEBTEDNESS. (a) 1. If Custodian shall should in its sole discretion advance funds under this Agreement with respect to on behalf of any Portfolio Series which results in an overdraft (including, without limitation, any day-light overdraft) because the moneys money held by Custodian in the separate account an Account for such Portfolio Series shall be insufficient to pay the total amount payable upon a purchase of securities by Securities specifically allocated to such PortfolioSeries, as set forth in an Officer's Certificate a Certificate, Instructions or Oral or Written Instructions, or which results in if an overdraft arises in the separate account of such Portfolio a Series for some other reason, including, without limitation, because of a reversal of a conditional credit or the purchase of any currency, or if the Trust is for any other reason indebted to Custodian, including any indebtedness Custodian with respect to The Bank of New York under the Trust's Cash Management and Related Services Agreement, a Series (except a borrowing for investment or for temporary or emergency purposes using securities Securities as collateral pursuant to a separate agreement and subject to the provisions of Paragraph 25(b) hereofSection 2 of this Article), such overdraft or indebtedness shall be deemed to be a loan made by Custodian to the Trust for such Portfolio Series payable on demand and shall bear interest from the date incurred at a rate per annum (based on a 360-day year for the actual number of days involved) equal ordinarily charged by Custodian to the overdraft its institutional customers, as such rate specified in Schedule III may be adjusted from time to this Agreementtime. In addition, the Trust hereby agrees that Custodian shall to the maximum extent permitted by law have a continuing lien, security entitlement interest, and security interest entitlement in and to any property, including, without limitation, any investment property or any financial asset, of such Series at any time held by it Custodian for the benefit of such Portfolio Series or in which the Portfolio such Series may have an interest which is then in Custodian's ’s possession or control or in possession or control of any third party acting on in Custodian's ’s behalf. The Trust authorizes Custodian, in its sole discretion, at any time to charge any such overdraft or indebtedness together with interest due thereon against any balance of account standing to such Portfolio's Series’ credit on Custodian's ’s books.
2. In addition, If the Trust hereby covenants that on each Business Day on which either it intends to enter a Reverse Repurchase Agreement and/or otherwise borrow borrows money from a third party, or which next succeeds a Business Day on which at the close of business the Trust had outstanding a Reverse Repurchase Agreement or such a borrowing, it shall prior to 1:00 p.m., New York City time, advise Custodian, in writing, of each such borrowing, shall specify the Portfolio to which the same relates, and shall not incur any indebtedness not so specified other than from Custodian.
(b) The Trust will cause to be delivered to Custodian by any bank (including, including Custodian if the borrowing is pursuant to a separate agreement, Custodian) from which it borrows money for investment or for temporary or emergency purposes using securities Securities held by Custodian hereunder as collateral for such borrowings, a notice or undertaking in the form currently employed by such bank setting forth the amount which such bank will loan to the Trust against delivery of a stated amount of collateral. The Trust shall promptly deliver to Custodian Written Instruction a Certificate specifying with respect to each such borrowing: (a) the Portfolio Series to which such borrowing relates; (b) the name of the bank; , (c) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note, duly endorsed by the Portfolio, or other loan agreement; (d) the time and date, if known, on which the loan is to be entered into; , (e) the date on which the loan becomes due and payable; (f) the total amount payable to the Portfolio Trust on the borrowing date; , (gf) the market value of securities Securities to be delivered as collateral for such loan, including the name of the issuer, the title and the number of shares or the principal amount of any particular securities Securities, and (hg) a statement specifying whether such loan is for investment purposes or for temporary or emergency purposes and that such loan is in conformance with the 1940 ‘40 Act and the Portfolio's Trust’s prospectus. Custodian shall deliver on the borrowing date specified in Written Instructions a Certificate the specified collateral and the executed promissory note, if any, against delivery payment by the lending bank of the total amount of the loan payable, provided that the same conforms to the total amount payable as set forth in such Written Instructionsthe Certificate. Custodian may, at the option of the lending bank, keep such collateral in its possession, but such collateral shall be subject to all rights therein given the lending bank by virtue of any promissory note or loan agreement. Custodian shall deliver such securities Securities as additional collateral as may be specified in Written Instructions a Certificate to collateralize further any transaction described in this Paragraph 25(b)Section. The Trust shall cause all securities Securities released from collateral status to be returned directly to Custodian, and Custodian shall receive from time to time such return of collateral as may be tendered to it. In the event that the Trust fails to specify in Written Instructions a Certificate the PortfolioSeries, the name of the issuer, the title and number of shares or the principal amount of any particular securities Securities to be delivered as collateral by Custodian, Custodian shall not be under any obligation to deliver any securitiesSecurities.
Appears in 2 contracts
Samples: Custody Agreement (Virtus ETF Trust II), Custody Agreement (DBX ETF Trust)
OVERDRAFTS OR INDEBTEDNESS. (a) Custodian shall advance funds under this Agreement with respect to any Portfolio Fund which results in an overdraft because the moneys held by Custodian in the separate account for such Portfolio Fund shall be insufficient to pay the total amount payable upon a purchase of securities by such PortfolioFund, as set forth in an Officer's Certificate or Oral or Written Instructions, or which results in an overdraft in the separate account of such Portfolio Fund for some other reason, or if the Trust is for any other reason indebted to Custodian, including any indebtedness to The Bank of New York under the Trust's Cash Management and Related Services Agreement, (except a borrowing for investment or for temporary or emergency purposes using securities as collateral pursuant to a separate agreement and subject to the provisions of Paragraph 25(b) hereof), such overdraft or indebtedness shall be deemed to be a loan made by Custodian to the Trust for such Portfolio Fund payable on demand and shall bear interest from the date incurred at a rate per annum (based on a 360-day year for the actual number of days involved) equal to the overdraft rate specified in Schedule III to this Agreement. In addition, the Trust hereby agrees that Custodian shall have a continuing lien, security entitlement and security interest in and to any property at any time held by it for the benefit of such Portfolio Fund or in which the Portfolio Fund may have an interest which is then in Custodian's possession or control or in possession or control of any third party acting on Custodian's behalf. The Trust authorizes Custodian, in its sole discretion, at any time to charge any such overdraft or indebtedness together with interest due thereon against any balance of account standing to such PortfolioFund's credit on Custodian's books. In addition, the Trust hereby covenants that on each Business Day on which either it intends to enter a Reverse Repurchase Agreement and/or otherwise borrow from a third party, or which next succeeds a Business Day on which at the close of business the Trust had outstanding a Reverse Repurchase Agreement or such a borrowing, it shall prior to 1:00 p.m., New York City time, advise Custodian, in writing, of each such borrowing, shall specify the Portfolio Fund to which the same relates, and shall not incur any indebtedness not so specified other than from Custodian.
(b) The Trust will cause to be delivered to Custodian by any bank (including, if the borrowing is pursuant to a separate agreement, Custodian) from which it borrows money for investment or for temporary or emergency purposes using securities held by Custodian hereunder as collateral for such borrowings, a notice or undertaking in the form currently employed by such bank setting forth the amount which such bank will loan to the Trust against delivery of a stated amount of collateral. The Trust shall promptly deliver to Custodian Written Instruction specifying with respect to each such borrowing: (a) the Portfolio Fund to which such borrowing relates; (b) the name of the bank; , (c) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note, duly endorsed by the PortfolioFund, or other loan agreement; , (d) the time and date, if known, on which the loan is to be entered into; , (e) the date on which the loan becomes due and payable; , (f) the total amount payable to the Portfolio Fund on the borrowing date; , (g) the market value of securities to be delivered as collateral for such loan, including the name of the issuer, the title and the number of shares or the principal amount of any particular securities securities, and (h) a statement specifying whether such loan is for investment purposes or for temporary or emergency purposes and that such loan is in conformance with the 1940 Act and the PortfolioFund's prospectus. Custodian shall deliver on the borrowing date specified in Written Instructions the specified collateral and the executed promissory note, if any, against delivery by the lending bank of the total amount of the loan payable, provided that the same conforms to the total amount payable as set forth in such Written Instructions. Custodian may, at the option of the lending bank, keep such collateral in its possession, but such collateral shall be subject to all rights therein given the lending bank by virtue of any promissory note or loan agreement. Custodian shall deliver such securities as additional collateral as may be specified in Written Instructions to collateralize further any transaction described in this Paragraph 25(b). The Trust shall cause all securities released from collateral status to be returned directly to Custodian, and Custodian shall receive from time to time such return of collateral as may be tendered to it. In the event that the Trust fails to specify in Written Instructions the PortfolioFund, the name of the issuer, the title and number of shares or the principal amount of any particular securities to be delivered as collateral by Custodian, Custodian shall not be under any obligation to deliver any securities.
Appears in 2 contracts
Samples: Custody Agreement (Nations Institutional Reserves), Custody Agreement (Nations Institutional Reserves)
OVERDRAFTS OR INDEBTEDNESS. (a) Custodian shall advance funds under this Agreement with respect to any Portfolio Fund which results in an overdraft because the moneys held by Custodian in the separate account for such Portfolio Fund shall be insufficient to pay the total amount payable upon a purchase of securities by such PortfolioFund, as set forth in an Officer's Certificate or Oral or Written Instructions, or which results in an overdraft in the separate account of such Portfolio Fund for some other reason, or if the Trust Company is for any other reason indebted to Custodian, including any indebtedness to The Bank of New York under the TrustCompany's Cash Management and Related Services Agreement, (except a borrowing for investment or for temporary or emergency purposes using securities as collateral pursuant to a separate agreement and subject to the provisions of Paragraph 25(b) hereof), such overdraft or indebtedness shall be deemed to be a loan made by Custodian to the Trust Company for such Portfolio Fund payable on demand and shall bear interest from the date incurred at a rate per annum (based on a 360-day year for the actual number of days involved) equal to the overdraft rate specified in Schedule III IV to this Agreement. In addition, the Trust Company hereby agrees that Custodian shall have a continuing lien, security entitlement and security interest in and to any property at any time held by it for the benefit of such Portfolio Fund or in which the Portfolio Fund may have an interest which is then in Custodian's possession or control or in possession or control of any third party acting on Custodian's behalf. The Trust Company authorizes Custodian, in its sole discretion, at any time to charge any such overdraft or indebtedness together with interest due thereon against any balance of account standing to such PortfolioFund's credit on Custodian's books. In addition, the Trust Company hereby covenants that on each Business Day on which either it intends to enter a Reverse Repurchase Agreement and/or otherwise borrow from a third party, or which next succeeds a Business Day on which at the close of business the Trust Company had outstanding a Reverse Repurchase Agreement or such a borrowing, it shall prior to 1:00 p.m., New York City time, advise Custodian, in writing, of each such borrowing, shall specify the Portfolio Fund to which the same relates, and shall not incur any indebtedness not so specified other than from Custodian.
(b) The Trust Company will cause to be delivered to Custodian by any bank (including, if the borrowing is pursuant to a separate agreement, Custodian) from which it borrows money for investment or for temporary or emergency purposes using securities held by Custodian hereunder as collateral for such borrowings, a notice or undertaking in the form currently employed by such bank setting forth the amount which such bank will loan to the Trust Company against delivery of a stated amount of collateral. The Trust Company shall promptly deliver to Custodian Written Instruction specifying with respect to each such borrowing: (a) the Portfolio Fund to which such borrowing relates; (b) the name of the bank; , (c) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note, duly endorsed by the PortfolioFund, or other loan agreement; , (d) the time and date, if known, on which the loan is to be entered into; , (e) the date on which the loan becomes due and payable; , (f) the total amount payable to the Portfolio Fund on the borrowing date; , (g) the market value of securities to be delivered as collateral for such loan, including the name of the issuer, the title and the number of shares or the principal amount of any particular securities securities, and (h) a statement specifying whether such loan is for investment purposes or for temporary or emergency purposes and that such loan is in conformance with the 1940 Act and the PortfolioFund's prospectus. Custodian shall deliver on the borrowing date specified in Written Instructions the specified collateral and the executed promissory note, if any, against delivery by the lending bank of the total amount of the loan payable, provided that the same conforms to the total amount payable as set forth in such Written Instructions. Custodian may, at the option of the lending bank, keep such collateral in its possession, but such collateral shall be subject to all rights therein given the lending bank by virtue of any promissory note or loan agreement. Custodian shall deliver such securities as additional collateral as may be specified in Written Instructions to collateralize further any transaction described in this Paragraph 25(b). The Trust Company shall cause all securities released from collateral status to be returned directly to Custodian, and Custodian shall receive from time to time such return of collateral as may be tendered to it. In the event that the Trust Company fails to specify in Written Instructions the PortfolioFund, the name of the issuer, the title and number of shares or the principal amount of any particular securities to be delivered as collateral by Custodian, Custodian shall not be under any obligation to deliver any securities.
Appears in 2 contracts
Samples: Custody Agreement (Nations Fund Inc), Custody Agreement (Nations Fund Inc)
OVERDRAFTS OR INDEBTEDNESS. (a) Custodian shall advance funds under this Agreement with respect to any Portfolio which results in an overdraft because the moneys held by Custodian in the separate account for such Portfolio shall be insufficient to pay the total amount payable upon a purchase of securities by such Portfolio, as set forth in an Officer's Certificate or Oral or Written Instructions, or which results in an overdraft in the separate account of such Portfolio for some other reason, or if the Master Trust is for any other reason indebted to Custodian, including any indebtedness to The Bank of New York under the Master Trust's Cash Management and Related Services Agreement, (except a borrowing for investment or for temporary or emergency purposes using securities as collateral pursuant to a separate agreement and subject to the provisions of Paragraph 25(b) hereof), such overdraft or indebtedness shall be deemed to be a loan made by Custodian to the Master Trust for such Portfolio payable on demand and shall bear interest from the date incurred at a rate per annum (based on a 360-day year for the actual number of days involved) equal to the overdraft rate specified in Schedule III to this Agreement. In addition, the Master Trust hereby agrees that to the extent of such overdraft or indebtedness, Custodian shall have a continuing lien, security entitlement and security interest in and to any property at any time held by it for the benefit of such Portfolio or in which the Portfolio may have an interest which is then in Custodian's possession or control or in possession or control of any third party acting on Custodian's behalf. The Master Trust authorizes Custodian, in its sole discretion, at any time to charge any such overdraft or indebtedness together with interest due thereon against any balance of account standing to such Portfolio's credit on Custodian's books. In addition, the Master Trust hereby covenants that on each Business Day on which either it intends to enter a Reverse Repurchase Agreement and/or otherwise borrow from a third party, or which next succeeds a Business Day on which at the close of business the Master Trust had outstanding a Reverse Repurchase Agreement or such a borrowing, it shall prior to 1:00 p.m., New York City time, advise Custodian, in writing, of each such borrowing, shall specify the Portfolio to which the same relates, and shall not incur any indebtedness not so specified other than from Custodian.
(b) The Master Trust will cause to be delivered to Custodian by any bank (including, if the borrowing is pursuant to a separate agreement, Custodian) from which it borrows money for investment or for temporary or emergency purposes using securities held by Custodian hereunder as collateral for such borrowings, a notice or undertaking in the form currently employed by such bank setting forth the amount which such bank will loan to the Master Trust against delivery of a stated amount of collateral. The Master Trust shall promptly deliver to Custodian Written Instruction Instructions specifying with respect to each such borrowing: (a) the Portfolio to which such borrowing relates; (b) the name of the bank; (c) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note, duly endorsed by the Portfolio, or other loan agreement; (d) the time and date, if known, on which the loan is to be entered into; (e) the date on which the loan becomes due and payable; (f) the total amount payable to the Portfolio on the borrowing date; (g) the market value of securities to be delivered as collateral for such loan, including the name of the issuer, the title and the number of shares or the principal amount of any particular securities and (h) a statement specifying whether such loan is for investment purposes or for temporary or emergency purposes and that such loan is in conformance with the 1940 Act and the Portfolio's prospectus. Custodian shall deliver on the borrowing date specified in Written Instructions the specified collateral and the executed promissory note, if any, against delivery by the lending bank of the total amount of the loan payable, provided that the same conforms to the total amount payable as set forth in such Written Instructions. Custodian may, at the option of the lending bank, keep such collateral in its possession, but such collateral shall be subject to all rights therein given the lending bank by virtue of any promissory note or loan agreement. Custodian shall deliver such securities as additional collateral as may be specified in Written Instructions to collateralize further any transaction described in this Paragraph 25(b). The Master Trust shall cause all securities released from collateral status to be returned directly to Custodian, and Custodian shall receive from time to time such return of collateral as may be tendered to it. In the event that the Master Trust fails to specify in Written Instructions the Portfolio, the name of the issuer, the title and number of shares or the principal amount of any particular securities to be delivered as collateral by Custodian, Custodian shall not be under any obligation to deliver any securities.
Appears in 2 contracts
Samples: Custody Agreement (Nations Master Investment Trust), Custody Agreement (Nations Master Investment Trust)
OVERDRAFTS OR INDEBTEDNESS. (a) 1. If Custodian shall should in its sole discretion advance funds under this Agreement with respect to any Portfolio on behalf of the Trust which results in an overdraft (including, without limitation, any day-light overdraft) because the moneys Cash held by Custodian in an Account for the separate account for such Portfolio Trust shall be insufficient to pay because of a reversal of a conditional credit or the total amount payable upon a purchase of securities by such Portfolio, as set forth in an Officer's Certificate or Oral or Written Instructions, or which results in an overdraft in the separate account of such Portfolio for some other reasonany currency, or if the Trust is for any other reason indebted to Custodian, including any indebtedness to The Bank of New York under the Trust's Cash Management and Related Services Agreement, (except a borrowing for investment or for temporary or emergency purposes using securities as collateral pursuant to a separate agreement and subject to the provisions of Paragraph 25(b) hereof), such overdraft or indebtedness shall be deemed to be a loan made by Custodian to the Trust for such Portfolio payable on demand and shall bear interest from the date incurred at a rate per annum (based on a 360-day year for the actual number of days involved) equal ordinarily charged by Custodian to the overdraft its institutional customers, as such rate specified in Schedule III may be adjusted from time to this Agreementtime. In addition, the Trust hereby agrees that Custodian shall to the maximum extent permitted by law have a continuing lien, security entitlement interest, and security interest entitlement in and to any property, including, without limitation, any investment property or any financial asset, of the Trust at any time held by it Custodian for the benefit of such Portfolio the Trust or in which the Portfolio Trust may have an interest which is then in Custodian's ’s possession or control or in possession or control of any third party acting on in Custodian's ’s behalf. The Trust authorizes Custodian, in its sole discretion, at any time to charge any such overdraft or indebtedness together with interest due thereon against any balance of account standing to such Portfolio's the Trust’s credit on Custodian's ’s books.
2. In addition, If the Trust hereby covenants that on each Business Day on which either it intends to enter a Reverse Repurchase Agreement and/or otherwise borrow borrows money from a third party, or which next succeeds a Business Day on which at the close of business the Trust had outstanding a Reverse Repurchase Agreement or such a borrowing, it shall prior to 1:00 p.m., New York City time, advise Custodian, in writing, of each such borrowing, shall specify the Portfolio to which the same relates, and shall not incur any indebtedness not so specified other than from Custodian.
(b) The Trust will cause to be delivered to Custodian by any bank (including, including Custodian if the borrowing is pursuant to a separate agreement, Custodian) from which it borrows money for investment or for temporary or emergency purposes using securities Cash held by Custodian hereunder as collateral for such borrowings, a notice or undertaking in the form currently employed by such bank setting forth the amount which such bank will loan to the Trust against delivery of a stated amount of collateral. The Trust shall promptly deliver to Custodian Written Instruction a Certificate specifying with respect to each such borrowing: (a) the Portfolio to which such borrowing relates; name of the bank, (b) the name of the bank; (c) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note, duly endorsed by the Portfolio, or other loan agreement; (dc) the time and date, if known, on which the loan is to be entered into; , (e) the date on which the loan becomes due and payable; (fd) the total amount payable to the Portfolio Trust on the borrowing date; , (ge) the market value of securities Cash to be delivered as collateral for such loan, including the name of the issuer, the title and the number of shares or the principal amount of any particular securities loan and (hf) a statement specifying whether such loan is for investment purposes or for temporary or emergency purposes and that such loan is in conformance with the 1940 Act and the Portfolio's Trust’s prospectus. Custodian shall deliver on the borrowing date specified in Written Instructions a Certificate the specified collateral and the executed promissory note, if any, against delivery payment by the lending bank of the total amount of the loan payable, provided that the same conforms to the total amount payable as set forth in such Written Instructionsthe Certificate. Custodian may, at the option of the lending bank, keep such collateral in its possession, but such collateral shall be subject to all rights therein given the lending bank by virtue of any promissory note or loan agreement. Custodian shall deliver such securities Cash as additional collateral as may be specified in Written Instructions a Certificate to collateralize further any transaction described in this Paragraph 25(b)Section. The Trust shall cause all securities Cash released from collateral status to be returned directly to Custodian, and Custodian shall receive from time to time such return of collateral as may be tendered to it. In the event that the Trust fails to specify in Written Instructions the Portfolio, the name of the issuer, the title and number of shares or a Certificate the principal amount of any particular securities Cash to be delivered as collateral by Custodian, Custodian shall not be under any obligation to deliver any securitiesCash.
Appears in 2 contracts
Samples: Custody Agreement (Sprott ESG Gold ETF), Custody Agreement (Sprott ESG Gold ETF)
OVERDRAFTS OR INDEBTEDNESS. (a) 1. If the Custodian shall should in its sole discretion advance funds under this Agreement with respect to Trusts on behalf of any Portfolio Series which results in an overdraft because the moneys money held by the Custodian in the separate account for such Portfolio Series shall be insufficient to pay the total amount payable upon a purchase of securities by Securities specifically allocated to such PortfolioSeries, as set forth in an Officer's a Certificate or Oral or Written Instructions, or which results in an overdraft in the separate account of such Portfolio Series for some other reason, or if the Trust is for any other reason indebted to Custodian, including any indebtedness to The Bank of New York under the Trust's Cash Management and Related Services Agreement, (except a borrowing for investment or for temporary or emergency purposes using securities as collateral pursuant Custodian with respect to a separate agreement and subject to the provisions of Paragraph 25(b) hereof)Series, such overdraft or indebtedness shall be deemed to be a loan made by the Custodian to the Trust for such Portfolio Series payable on demand and shall bear interest from the date incurred at a rate per annum (based on a 360-360 day year for the actual number of days involved) equal to 1/2% over Custodian's prime commercial lending rate in effect from time to time, such rate to be adjusted on the overdraft effective date of any change in such prime commercial lending rate specified but in Schedule III no event to this Agreementbe less than 6% per annum. In addition, the Trust hereby agrees that the Custodian shall have a continuing lien, security entitlement interest, and security interest entitlement in and to any property including any investment property or any financial asset specifically allocated to such Series at any time held by it for the benefit of such Portfolio Series or in which the Portfolio Trust may have an interest which is then in the Custodian's possession or control or in possession or control of any third party acting on in the Custodian's behalf. The Trust authorizes the Custodian, in its sole discretion, at any time to charge any such overdraft or indebtedness together with interest due thereon against any balance of account standing to such Portfolio's Series' credit on the Custodian's books. In addition, the Trust hereby covenants that on each Business Day on which either it intends to enter a Reverse Repurchase Agreement and/or otherwise borrow from a third party, or which next succeeds a Business Day on which at the close of business the Trust had outstanding a Reverse Repurchase Agreement or such a borrowing, it shall prior to 1:00 p.m.9 a.m., New York City time, advise the Custodian, in writing, of each such borrowing, shall specify the Portfolio Series to which the same relates, and shall not incur any indebtedness not so specified other than from the Custodian.
(b) 2. The Trust will cause to be delivered to the Custodian by any bank (including, if the borrowing is pursuant to a separate agreement, the Custodian) from which it borrows money for investment or for temporary or emergency purposes using securities Securities held by the Custodian hereunder as collateral for such borrowings, a notice or undertaking in the form currently employed by any such bank setting forth the amount which such bank will loan to the Trust against delivery of a stated amount of collateral. The Trust shall promptly deliver to the Custodian Written Instruction a Certificate specifying with respect to each such borrowing: (a) the Portfolio Series to which such borrowing relates; (b) the name of the bank; , (c) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note, duly endorsed by the PortfolioTrust, or other loan agreement; , (d) the time and date, if known, on which the loan is to be entered into; , (e) the date on which the loan becomes due and payable; , (f) the total amount payable to the Portfolio Trust on the borrowing date; , (g) the market value of securities Securities to be delivered as collateral for such loan, including the name of the issuer, the title and the number of shares or the principal amount of any particular securities Securities, and (h) a statement specifying whether such loan is for investment purposes or for temporary or emergency purposes and that such loan is in conformance with the Investment Company Act of 1940 Act and the PortfolioTrust's prospectus. The Custodian shall deliver on the borrowing date specified in Written Instructions a Certificate the specified collateral and the executed promissory note, if any, against delivery by the lending bank of the total amount of the loan payable, provided that the same conforms to the total amount payable as set forth in such Written Instructionsthe Certificate. The Custodian may, at the option of the lending bank, keep such collateral in its possession, but such collateral shall be subject to all rights therein given the lending bank by virtue of any promissory note or loan agreement. The Custodian shall deliver such securities Securities as additional collateral as may be specified in Written Instructions a Certificate to collateralize further any transaction described in this Paragraph 25(b)paragraph. The Trust shall cause all securities Securities released from collateral status to be returned directly to the Custodian, and the Custodian shall receive from time to time such return of collateral as may be tendered to it. In the event that the Trust fails to specify in Written Instructions a Certificate the PortfolioSeries, the name of the issuer, the title and number of shares or the principal amount of any particular securities Securities to be delivered as collateral by the Custodian, the Custodian shall not be under any obligation to deliver any securitiesSecurities.
Appears in 2 contracts
Samples: Custody Agreement (Master Small Cap Value Trust), Custody Agreement (Master Basic Value Trust)
OVERDRAFTS OR INDEBTEDNESS. (a) Custodian shall advance funds under this Agreement with respect to any Portfolio Fund which results in an overdraft because the moneys held by Custodian in the separate account for such Portfolio Fund shall be insufficient to pay the total amount payable upon a purchase of securities by such PortfolioFund, as set forth in an Officer's Certificate or Oral or Written Instructions, or which results in an overdraft in the separate account of such Portfolio Fund for some other reason, or if the Trust Company is for any other reason indebted to Custodian, including any indebtedness to The Bank of New York under the TrustCompany's Cash Management and Related Services Agreement, (except a borrowing for investment or for temporary or emergency purposes using securities as collateral pursuant to a separate agreement and subject to the provisions of Paragraph 25(b) hereof), such overdraft or indebtedness shall be deemed to be a loan made by Custodian to the Trust Company for such Portfolio Fund payable on demand and shall bear interest from the date incurred at a rate per annum (based on a 360-day year for the actual number of days involved) equal to the overdraft rate specified in Schedule III to this Agreement. In addition, the Trust Company hereby agrees that to the extent of such overdraft or indebtedness, Custodian shall have a continuing lien, security entitlement and security interest in and to any property at any time held by it for the benefit of such Portfolio Fund or in which the Portfolio Fund may have an interest which is then in Custodian's possession or control or in possession or control of any third party acting on Custodian's behalf. The Trust Company authorizes Custodian, in its sole discretion, at any time to charge any such overdraft or indebtedness together with interest due thereon against any balance of account standing to such PortfolioFund's credit on Custodian's books. In addition, the Trust Company hereby covenants that on each Business Day on which either it intends to enter a Reverse Repurchase Agreement and/or otherwise borrow from a third party, or which next succeeds a Business Day on which at the close of business the Trust Company had outstanding a Reverse Repurchase Agreement or such a borrowing, it shall prior to 1:00 p.m., New York City time, advise Custodian, in writing, of each such borrowing, shall specify the Portfolio Fund to which the same relates, and shall not incur any indebtedness not so specified other than from Custodian.
(b) The Trust Company will cause to be delivered to Custodian by any bank (including, if the borrowing is pursuant to a separate agreement, Custodian) from which it borrows money for investment or for temporary or emergency purposes using securities held by Custodian hereunder as collateral for such borrowings, a notice or undertaking in the form currently employed by such bank setting forth the amount which such bank will loan to the Trust Company against delivery of a stated amount of collateral. The Trust Company shall promptly deliver to Custodian Written Instruction Instructions specifying with respect to each such borrowing: (a) the Portfolio Fund to which such borrowing relates; (b) the name of the bank; (c) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note, duly endorsed by the PortfolioFund, or other loan agreement; (d) the time and date, if known, on which the loan is to be entered into; (e) the date on which the loan becomes due and payable; (f) the total amount payable to the Portfolio Fund on the borrowing date; (g) the market value of securities to be delivered as collateral for such loan, including the name of the issuer, the title and the number of shares or the principal amount of any particular securities and (h) a statement specifying whether such loan is for investment purposes or for temporary or emergency purposes and that such loan is in conformance with the 1940 Act and the PortfolioFund's prospectus. Custodian shall deliver on the borrowing date specified in Written Instructions the specified collateral and the executed promissory note, if any, against delivery by the lending bank of the total amount of the loan payable, provided that the same conforms to the total amount payable as set forth in such Written Instructions. Custodian may, at the option of the lending bank, keep such collateral in its possession, but such collateral shall be subject to all rights therein given the lending bank by virtue of any promissory note or loan agreement. Custodian shall deliver such securities as additional collateral as may be specified in Written Instructions to collateralize further any transaction described in this Paragraph 25(b). The Trust Company shall cause all securities released from collateral status to be returned directly to Custodian, and Custodian shall receive from time to time such return of collateral as may be tendered to it. In the event that the Trust Company fails to specify in Written Instructions the PortfolioFund, the name of the issuer, the title and number of shares or the principal amount of any particular securities to be delivered as collateral by Custodian, Custodian shall not be under any obligation to deliver any securities.
Appears in 1 contract
Samples: Custody Agreement (Nations Fund Inc)
OVERDRAFTS OR INDEBTEDNESS. (a) Custodian shall advance funds under this Agreement with respect to any Portfolio which results in an overdraft because the moneys held by Custodian in the separate account for such Portfolio shall be insufficient to pay the total amount payable upon a purchase of securities by such Portfolio, as set forth in an Officer's Certificate or Oral or Written Instructions, or which results in an overdraft in the separate account of such Portfolio for some other reason, or if the Trust is for any other reason indebted to Custodian, including any indebtedness to The Bank of New York under the Trust's Cash Management and Related Services Agreement, (except a borrowing for investment or for temporary or emergency purposes using securities as collateral pursuant to a separate agreement and subject to the provisions of Paragraph 25(b) hereof), such overdraft or indebtedness shall be deemed to be a loan made by Custodian to the Trust for such Portfolio payable on demand and shall bear interest from the date incurred at a rate per annum (based on a 360-day year for the actual number of days involved) equal to the overdraft rate specified in Schedule III to this Agreement. In addition, the Trust hereby agrees that Custodian shall have a continuing lien, security entitlement and security interest in and to any property at any time held by it for the benefit of such Portfolio or in which the Portfolio may have an interest which is then in Custodian's possession or control or in possession or control of any third party acting on Custodian's behalf. The Trust authorizes Custodian, in its sole discretion, at any time to charge any such overdraft or indebtedness together with interest due thereon against any balance of account standing to such Portfolio's credit on Custodian's books. In addition, the Trust hereby covenants that on each Business Day on which either it intends to enter a Reverse Repurchase Agreement and/or otherwise borrow from a third party, or which next succeeds a Business Day on which at the close of business the Trust had outstanding a Reverse Repurchase Agreement or such a borrowing, it shall prior to 1:00 p.m., New York City time, advise Custodian, in writing, of each such borrowing, shall specify the Portfolio to which the same relates, and shall not incur any indebtedness not so specified other than from Custodian.
(b) The Trust will cause to be delivered to Custodian by any bank (including, if the borrowing is pursuant to a separate agreement, Custodian) from which it borrows money for investment or for temporary or emergency purposes using securities held by Custodian hereunder as collateral for such borrowings, a notice or undertaking in the form currently employed by such bank setting forth the amount which such bank will loan to the Trust against delivery of a stated amount of collateral. The Trust shall promptly deliver to Custodian Written Instruction specifying with respect to each such borrowing: (a) the Portfolio to which such borrowing relates; (b) the name of the bank; (c) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note, duly endorsed by the Portfolio, or other loan agreement; (d) the time and date, if known, on which the loan is to be entered into; (e) the date on which the loan becomes due and payable; (f) the total amount payable to the Portfolio on the borrowing date; (g) the market value of securities to be delivered as collateral for such loan, including the name of the issuer, the title and the number of shares or the principal amount of any particular securities and (h) a statement specifying whether such loan is for investment purposes or for temporary or emergency purposes and that such loan is in conformance with the 1940 Act and the Portfolio's prospectus. Custodian shall deliver on the borrowing date specified in Written Instructions the specified collateral and the executed promissory note, if any, against delivery by the lending bank of the total amount of the loan payable, provided that the same conforms to the total amount payable as set forth in such Written Instructions. Custodian may, at the option of the lending bank, keep such collateral in its possession, but such collateral shall be subject to all rights therein given the lending bank by virtue of any promissory note or loan agreement. Custodian shall deliver such securities as additional collateral as may be specified in Written Instructions to collateralize further any transaction described in this Paragraph 25(b). The Trust shall cause all securities released from collateral status to be returned directly to Custodian, and Custodian shall receive from time to time such return of collateral as may be tendered to it. In the event that the Trust fails to specify in Written Instructions the Portfolio, the name of the issuer, the title and number of shares or the principal amount of any particular securities to be delivered as collateral by Custodian, Custodian shall not be under any obligation to deliver any securities. 26A. Instructions. 14
(a) It is understood and agreed that Custodian may, from time to time, provide software to the Trust for purposes of enabling a Portfolio to transmit Instructions to Custodian (the "Software"). Such Software has been designed to include password protection or other features to restrict the use of the Software to Authorized Persons; provided, however, that the Custodian makes no warranty or representations of any kind with respect to such protections or features, express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. The Trust and the Custodian shall use commercially reasonable efforts to develop other mechanisms (i) to enable the Trust to restrict the use of the Software to Authorized Persons, (ii) to identify transmissions from a terminal other than an authorized terminal, and (iii) for the prompt and accurate transmission of Instructions by Authorized Persons to Custodian. It is further understood and agreed that Custodian may provide specialized hardware or other equipment to enable the Trust and the Portfolios to utilize the Software. With respect to any such Software, Custodian grants to the Trust and its service providers a personal, nontransferable and nonexclusive license to use the Software solely for the purpose of transmitting Instructions to, and receiving communications from, Custodian in connection with its account(s). The Trust and its service providers agree not to sell, reproduce, lease or otherwise provide, directly or indirectly, the Software or any portion thereof to any third party without the prior written consent of Custodian. At no time shall the Trust be obligated to use the Software to transmit Instructions to Custodian.
(b) The Trust shall obtain and maintain at its own cost and expense all equipment and services, including but not limited to communications services, necessary for it to utilize the Software and transmit Instructions to Custodian; provided, however, that the parties acknowledge and agree that if any specialized equipment is necessary to enable the Trust to utilize the Software, Custodian shall, at its own expense, provide and maintain such equipment.
(c) The Trust acknowledges that the Software, all data bases made available to the Trust by utilizing the Software (other than data bases relating solely to the assets of the Portfolios and transactions with respect thereto), and any proprietary data, processes, information and documentation (other than those which are or become part of the public domain or are legally required to be made available to the public) (collectively, the "Information"), are the exclusive and confidential property of Custodian. The Trust shall keep the Information confidential by using the same care and discretion that the Trust uses with respect to its own confidential property and trade secrets and shall neither make nor permit any disclosure without the prior written consent of Custodian. Upon termination of this Agreement or the Software license granted hereunder for any reason, the Trust shall return to Custodian all copies of the Information which are in its possession or under its control or which the Trust distributed to third parties.
(d) Custodian reserves the right to modify the Software from time to time upon reasonable prior notice and the Trust shall, if it desires in its sole discretion to continue to use the Software, install new releases of the Software as Custodian may direct. The Trust agrees not to modify or attempt to modify the Software without Custodian's prior written consent. The Trust acknowledges that any modifications to the Software, whether by the Trust or Custodian and whether with or without Custodian's consent, shall become the property of Custodian.
(e) Where the method for transmitting Instructions by the Trust involves an automatic systems acknowledgment to the Trust by Custodian of its receipt of such Instructions, including any transmission of Instructions using the Software, then (i) if an acknowledgment is not actually received by the Trust, Custodian shall not be deemed to have received any such Instructions, and (ii) if an acknowledgment is actually received by the Trust, the Custodian shall be deemed to have received such Instructions and shall be responsible for any error, omission, interruption or delay in connection with the transmission of such Instructions; provided, however, that the Trust shall promptly review all acknowledgments actually received and notify the Custodian in the event of any apparent discrepancy.
(i) The Trust agrees that where it delivers to Custodian Instructions hereunder using the Software, it shall be the Trust's sole responsibility to ensure that only persons duly authorized by the Trust and the correct number of such persons transmit such Instructions to Custodian and the Trust will cause all such persons to treat applicable use and authorization codes, passwords and authentication keys with extreme care, and authorizes Custodian to act in accordance with and rely upon Instructions received by it pursuant hereto using the Software.
(ii) The Trust hereby represents, acknowledges and agrees that it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to Custodian and that there may be more secure methods of transmitting Instructions to Custodian than the method(s) selected by the Trust.
(iii) With respect to all Oral Instructions and all Written Instructions other than Instructions delivered to Custodian using the Software provided by Custodian, Custodian shall exercise all commercially reasonable efforts to form a reasonable belief that each such instruction has been given by an Authorized Person and, where required, signed by an appropriate number of Authorized Person(s).
(g) The Trust shall notify Custodian of any errors, omissions or interruptions in, or delay or unavailability of, its ability to send Instructions using the Software provided by Custodian as promptly as practicable, and in any event within 24 hours after the earliest of (i) discovery thereof, (ii) the business day on which discovery should have occurred through the exercise of reasonable care and (iii) in the case of any error, the date of actual receipt of the earliest notice which reflects such error, it being agreed that discovery and receipt of notice may only occur on a business day. Custodian shall, as promptly as practicable, and in any event within 24 hours after the earliest of (i) discovery thereof, (ii) the business day on which discovery should have occurred through the exercise of reasonable care and (iii) in the case of any error, the date of actual receipt of the earliest notice which reflects such error, it being agreed that discovery and receipt of notice may only occur on a business day, advise the Trust whenever Custodian learns or reasonably should have learned, of any errors, omissions or interruption in, or delay or unavailability of, the Trust's ability to send Instructions using the Software provided by Custodian. 26B. FX Transactions
(a) Whenever a Portfolio shall enter into an FX Transaction, the Portfolio shall promptly deliver to Custodian a Certificate or Oral Instructions specifying with respect to such FX Transaction: (a) the Series to which such FX Transaction is specifically allocated; (b) the type and amount of Currency to be purchased by the Portfolio; (c) the type and amount of Currency to be sold by the Portfolio; (d) the date on which the Currency to be purchased is to be delivered; (e) the date on which the Currency to be sold is to be delivered; and (f) the name of the person from whom or through whom such Currencies are to be purchased and sold. Unless otherwise instructed by a Certificate or Oral Instructions, Custodian shall deliver, or shall instruct a Foreign Sub-Custodian to deliver, the Currency to be sold on the date on which such delivery is to be made, as set forth in the Certificate, and shall receive, or instruct a Foreign Sub-Custodian to receive, the Currency to be purchased on the date as set forth in the Certificate.
(b) Where the Currency to be sold is to be delivered on the same day as the Currency to be purchased, as specified in the Certificate or Oral Instructions, Custodian or a Foreign Sub-Custodian may arrange for such deliveries and receipts to be made in accordance with the customs prevailing from time to time among brokers or dealers in Currencies, and such receipt and delivery may not be completed simultaneously. The Portfolio assumes all responsibility and liability for all credit risks involved in connection with such receipts and deliveries, which responsibility and liability shall continue until the Currency to be received by the Portfolio has been received in full.
(c) Any foreign exchange transaction effected by Custodian in connection with this Agreement may be entered with Custodian, any office, branch or subsidiary of The Bank of New York, or any Foreign Sub-Custodian (as defined below) acting as principal or otherwise through customary banking channels. The Portfolio may issue a standing Certificate with respect to foreign exchange transactions but Custodian may establish rules or limitations concerning any foreign exchange facility made available to the Portfolio. The Portfolio shall bear all risks of investing in securities or holding Currency. Without limiting the foregoing, the Portfolio shall bear the risks that rules or procedures imposed by a Foreign Sub-Custodian or foreign depositories, exchange controls, asset freezes or other laws, rules, regulations or orders shall prohibit or impose burdens or costs on the transfer to, by or for the account of the Portfolio of securities or any cash held outside the Portfolio's jurisdiction or denominated in Currency other than its home jurisdiction or the conversion of cash from one Currency into another Currency. Custodian shall not be obligated to substitute another Currency for a Currency (including a Currency that is a component of a Composite Currency Unit) whose transferability, convertibility or availability has been affected by such law, regulation, rule or procedure. Neither Custodian nor any Foreign Sub-Custodian shall be liable to the Portfolio for any loss resulting from any of the foregoing events.
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OVERDRAFTS OR INDEBTEDNESS. (a) Custodian shall advance funds under this Agreement with respect to any Portfolio Fund which results in an overdraft because the moneys held by Custodian in the separate account for such Portfolio Fund shall be insufficient to pay the total amount payable upon a purchase of securities by such PortfolioFund, as set forth in an Officer's Certificate or Oral or Written Instructions, or which results in an overdraft in the separate account of such Portfolio Fund for some other reason, or if the Trust Company is for any other reason indebted to Custodian, including any indebtedness to The Bank of New York under the TrustCompany's Cash Management and Related Services Agreement, (except a borrowing for investment or for temporary or emergency purposes using securities as collateral pursuant to a separate agreement and subject to the provisions of Paragraph 25(b) hereof), such overdraft or indebtedness shall be deemed to be a loan made by Custodian to the Trust Company for such Portfolio Fund payable on demand and shall bear interest from the date incurred at a rate per annum (based on a 360-day year for the actual number of days involved) equal to the overdraft rate specified in Schedule III IV to this Agreement. In addition, the Trust Company hereby agrees that Custodian shall have a continuing lien, security entitlement and security interest in and to any property at any time held by it for the benefit of such Portfolio Fund or in which the Portfolio Fund may have an interest which is then in Custodian's possession or control or in possession or control of any third party acting on Custodian's behalf. The Trust Company authorizes Custodian, in its sole discretion, at any time to charge any such overdraft or indebtedness together with interest due thereon against any balance of account standing to such PortfolioFund's credit on Custodian's books. In addition, the Trust Company hereby covenants that on each Business Day on which either it intends to enter a Reverse Repurchase Agreement and/or otherwise borrow from a third party, or which next succeeds a Business Day on which at the close of business the Trust Company had outstanding a Reverse Repurchase Agreement or such a borrowing, it shall prior to 1:00 p.m., New York City time, advise Custodian, in writing, of each such borrowing, shall specify the Portfolio Fund to which the same relates, and shall not incur any indebtedness not so specified other than from Custodian.
(b) The Trust Company will cause to be delivered to Custodian by any bank (including, if the borrowing is pursuant to a separate agreement, Custodian) from which it borrows money for investment or for temporary or emergency purposes using securities held by Custodian hereunder as collateral for such borrowings, a notice or undertaking in the form currently employed by such bank setting forth the amount which such bank will loan to the Trust Company against delivery of a stated amount of collateral. The Trust Company shall promptly deliver to Custodian Written Instruction specifying with respect to each such borrowing: (a) the Portfolio Fund to which such borrowing relates; (b) the name of the bank; , (c) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note, duly endorsed by the PortfolioFund, or other loan agreement; , (d) the time and date, if known, on which the loan is to be entered into; , (e) the date on which the loan becomes due and payable; , (f) the total amount payable to the Portfolio Fund on the borrowing date; , (g) the market value of securities to be delivered as collateral for such loan, including the name of the issuer, the title and the number of shares or the principal amount of any particular securities securities, and (h) a statement specifying whether such loan is for investment purposes or for temporary or emergency purposes and that such loan is in conformance with the 1940 Act and the PortfolioFund's prospectus. Custodian shall deliver on the borrowing date specified in Written Instructions the specified collateral and the executed promissory note, if any, against delivery by the lending bank of the total amount of the loan payable, provided that the same conforms to the total amount payable as set forth in such Written Instructions. Custodian may, at the option of the lending bank, keep such collateral in its possession, but such collateral shall be subject to all rights therein given the lending bank by virtue of any promissory note or loan agreement. Custodian shall deliver such securities as additional collateral as may be specified in Written Instructions to collateralize further any transaction described in this Paragraph 25(b). The Trust shall cause all securities released from collateral status to be returned directly to Custodian, and Custodian shall receive from time to time such return of collateral as may be tendered to it. In the event that the Trust fails to specify in Written Instructions the Portfolio, the name of the issuer, the title and number of shares or the principal amount of any particular securities to be delivered as collateral by Custodian, Custodian shall not be under any obligation to deliver any securities.Written
Appears in 1 contract
Samples: Custody Agreement (Nations Fund Inc)
OVERDRAFTS OR INDEBTEDNESS. (a) 1. If Custodian shall should in its sole discretion advance funds under this Agreement with in respect to of any Portfolio which results in an overdraft (including, without limitation, any day-light overdraft) because the moneys money held by Custodian in the separate account an Account for such Portfolio shall be insufficient to pay the total amount payable upon a purchase of securities by Foreign Securities specifically allocated to such Portfolio, as set forth in an Officer's Certificate a Certificate, Instructions or Oral or Written Instructions, or which results in if an overdraft arises in the separate account of such a Portfolio for some other reason, including, without limitation, because of a reversal of a conditional credit or the purchase of any currency, or if the Trust Huntington is for any other reason indebted to Custodian, including any indebtedness Custodian with respect to The Bank of New York under the Trust's Cash Management and Related Services Agreement, a Portfolio (except a borrowing for investment or for temporary or emergency purposes using securities Foreign Securities as collateral pursuant to a separate agreement and subject to the provisions of Paragraph 25(b) hereofSection 2 of this Article), such overdraft or indebtedness shall be deemed to be a loan made by Custodian to the Trust for such Portfolio Huntington payable on demand and shall bear interest from the date incurred at a rate per annum (based on a 360-day year for the actual number of days involved) equal ordinarily charged by Custodian to the overdraft its institutional customers, as such rate specified in Schedule III may be adjusted from time to this Agreementtime. In addition, the Trust Huntington hereby agrees that Custodian shall to the maximum extent permitted by law have a continuing lien, security entitlement interest, and security interest entitlement in and to any property, including, without limitation, any investment property or any financial asset, of such Portfolio at any time held by it Custodian for the benefit of such Portfolio or in which the such Portfolio may have an interest which is then in Custodian's possession or control or in possession or control of any third party acting on in Custodian's behalf. The Trust Huntington authorizes Custodian, in its sole discretion, at any time to charge any such overdraft or indebtedness together with interest due thereon against any balance of account standing to such Portfolio's credit on Custodian's books. In addition, the Trust hereby covenants that on each Business Day on which either it intends to enter a Reverse Repurchase Agreement and/or otherwise borrow from a third party, or which next succeeds a Business Day on which at the close of business the Trust had outstanding a Reverse Repurchase Agreement or such a borrowing, it shall prior to 1:00 p.m., New York City time, advise Custodian, in writing, of each such borrowing, shall specify the Portfolio to which the same relates, and shall not incur any indebtedness not so specified other than from Custodian.
(b) The Trust will cause to be delivered to Custodian by 2. If Huntington borrows money from any bank (including, if the borrowing is pursuant to a separate agreement, Custodian) from which it borrows money for investment or for temporary or emergency purposes using securities Foreign Securities held by Custodian hereunder as collateral for such borrowings, a notice or undertaking in the form currently employed by such bank setting forth the amount which such bank will loan to the Trust against delivery of a stated amount of collateral. The Trust Huntington shall promptly deliver to Custodian Written Instruction a Certificate specifying with respect to each such borrowing: (a) the Portfolio to which such borrowing relates; (b) the name of the bank; , (c) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note, duly endorsed by the Portfolio, or other loan agreement; (d) the time and date, if known, on which the loan is to be entered into; , (e) the date on which the loan becomes due and payable; (f) the total amount payable to the Portfolio Trust on the borrowing date; , (gf) the market value of securities Foreign Securities to be delivered as collateral for such loan, including the name of the issuer, the title and the number of shares or the principal amount of any particular securities Foreign Securities, and (hg) a statement specifying whether such loan is for investment purposes or for temporary or emergency purposes and that such loan is in conformance with the 1940 Act and the Portfolio's prospectus. Custodian shall deliver on the borrowing date specified in Written Instructions a Certificate the specified collateral and the executed promissory note, if any, against delivery payment by the lending bank of the total amount of the loan payable, provided that the same conforms to the total amount payable as set forth in such Written Instructionsthe Certificate. Custodian may, at the option of the lending bank, keep such collateral in its possession, but such collateral shall be subject to all rights therein given the lending bank by virtue of any promissory note or loan agreement. Custodian shall deliver such securities Foreign Securities as additional collateral as may be specified in Written Instructions a Certificate to collateralize further any transaction described in this Paragraph 25(b)Section. The Trust Huntington shall cause all securities Foreign Securities released from collateral status to be returned directly to Custodian, and Custodian shall receive from time to time such return of collateral as may be tendered to it. In the event that the Trust Huntington fails to specify in Written Instructions a Certificate the Portfolio, the name of the issuer, the title and number of shares or the principal amount of any particular securities Foreign Securities to be delivered as collateral by Custodian, Custodian shall not be under any obligation to deliver any securitiesForeign Securities.
Appears in 1 contract
OVERDRAFTS OR INDEBTEDNESS. (a) Sub-Custodian shall advance funds under this Agreement with respect to any Portfolio Fund which results in an overdraft because the moneys held by Sub-Custodian in the separate account for such Portfolio Fund shall be insufficient to pay the total amount payable upon a purchase of securities by such PortfolioFund, as set forth in an Officer's Certificate or Oral or Written Instructions, or which results in an overdraft in the separate account of such Portfolio Fund for some other reason, or if the Trust Company is for any other reason indebted to Sub-Custodian, including any indebtedness to The Bank of New York under the TrustCompany's Cash Management and Related Services Agreement, (except a borrowing for investment or for temporary or emergency purposes using securities as collateral pursuant to a separate agreement and subject to the provisions of Paragraph 25(b) hereof), such overdraft or indebtedness shall be deemed to be a loan made by Sub-Custodian to the Trust Company for such Portfolio Fund payable on demand and shall bear interest from the date incurred at a rate per annum (based on a 360-day year for the actual number of days involved) equal to the overdraft rate specified in Schedule III Appendix F to this Agreement. In addition, the Trust Company hereby agrees that Sub-Custodian shall have a continuing lien, security entitlement lien and security interest in and to any property at any time held by it for the benefit of such Portfolio Fund or in which the Portfolio Fund may have an interest which is then in Sub-Custodian's possession or control or in possession or control of any third party acting on Sub-Custodian's behalf. The Trust Company authorizes Sub-Custodian, in its sole discretion, at any time to charge any such overdraft or indebtedness together with interest due thereon against any balance of account standing to such PortfolioFund's credit on Sub-Custodian's books. In addition, the Trust Company hereby covenants that on each Business Day on which either it intends to enter a Reverse Repurchase Agreement and/or otherwise borrow from a third party, or which next succeeds a Business Day on which at the close of business the Trust Company had outstanding a Reverse Repurchase Agreement or such a borrowing, it shall prior to 1:00 p.m., New York City time, advise Sub-Custodian, in writing, of each such borrowing, shall specify the Portfolio Fund to which the same relates, and shall not incur any indebtedness not so specified other than from Sub-Custodian.
(b) The Trust Company will cause to be delivered to Sub-Custodian by any bank (including, if the borrowing is pursuant to a separate agreement, Sub-Custodian) from which it borrows money for investment or for temporary or emergency purposes using securities held by Sub-Custodian hereunder as collateral for such borrowings, a notice or undertaking in the form currently employed by such bank setting forth the amount which such bank will loan to the Trust Company against delivery of a stated amount of collateral. The Trust Company shall promptly deliver to Sub-Custodian Written Instruction specifying with respect to each such borrowing: (a) the Portfolio Fund to which such borrowing relates; (b) the name of the bank; , (c) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note, duly endorsed by the PortfolioFund, or other loan agreement; , (d) the time and date, if known, on which the loan is to be entered into; , (e) the date on which the loan becomes due and payable; , (f) the total amount payable to the Portfolio Fund on the borrowing date; , (g) the market value of securities to be delivered as collateral for such loan, including the name of the issuer, the title and the number of shares or the principal amount of any particular securities securities, and (h) a statement specifying whether such loan is for investment purposes or for temporary or emergency purposes and that such loan is in conformance with the 1940 Act and the PortfolioFund's prospectus. Sub-Custodian shall deliver on the borrowing date specified in Written Instructions the specified collateral and the executed promissory note, if any, against delivery by the lending bank of the total amount of the loan payable, provided that the same conforms to the total amount payable as set forth in such Written Instructions. Sub-Custodian may, at the option of the lending bank, keep such collateral in its possession, but such collateral shall be subject to all rights therein given the lending bank by virtue of any promissory note or loan agreement. Sub-Custodian shall deliver such securities as additional collateral as may be specified in Written Instructions to collateralize further any transaction described in this Paragraph 25(b). The Trust Company shall cause all securities released from collateral status to be returned directly to Sub-Custodian, and Sub-Custodian shall receive from time to time such return of collateral as may be tendered to it. In the event that the Trust Company fails to specify in Written Instructions the PortfolioFund, the name of the issuer, the title and number of shares or the principal amount of any particular securities to be delivered as collateral by Sub-Custodian, Sub-Custodian shall not be under any obligation to deliver any securities.
Appears in 1 contract
Samples: Mutual Fund Custody and Sub Custody Agreement (Nations Fund Inc)
OVERDRAFTS OR INDEBTEDNESS. (a) Sub-Custodian shall advance funds under this Agreement with respect to any Portfolio Fund which results in an overdraft because the moneys held by Sub-Custodian in the separate account for such Portfolio Fund shall be insufficient to pay the total amount payable upon a purchase of securities by such PortfolioFund, as set forth in an Officer's Certificate or Oral or Written Instructions, or which results in an overdraft in the separate account of such Portfolio Fund for some other reason, or if the Trust is for any other reason indebted to Sub-Custodian, including any indebtedness to The Bank of New York under the Trust's Cash Management and Related Services Agreement, (except a borrowing for investment or for temporary or emergency purposes using securities as collateral pursuant to a separate agreement and subject to the provisions of Paragraph 25(b) hereof), such overdraft or indebtedness shall be deemed to be a loan made by Sub-Custodian to the Trust for such Portfolio Fund payable on demand and shall bear interest from the date incurred at a rate per annum (based on a 360-day year for the actual number of days involved) equal to the overdraft rate specified in Schedule III Appendix F to this Agreement. In addition, the Trust hereby agrees that Sub-Custodian shall have a continuing lien, security entitlement lien and security interest in and to any property at any time held by it for the benefit of such Portfolio Fund or in which the Portfolio Fund may have an interest which is then in Sub-Custodian's possession or control or in possession or control of any third party acting on Sub-Custodian's behalf. The Trust authorizes Sub-Custodian, in its sole discretion, at any time to charge any such overdraft or indebtedness together with interest due thereon against any balance of account standing to such PortfolioFund's credit on Sub-Custodian's books. In addition, the Trust hereby covenants that on each Business Day on which either it intends to enter a Reverse Repurchase Agreement and/or otherwise borrow from a third party, or which next succeeds a Business Day on which at the close of business the Trust had outstanding a Reverse Repurchase Agreement or such a borrowing, it shall prior to 1:00 p.m., New York City time, advise Sub-Custodian, in writing, of each such borrowing, shall specify the Portfolio Fund to which the same relates, and shall not incur any indebtedness not so specified other than from Sub-Custodian.
(b) The Trust will cause to be delivered to Sub-Custodian by any bank (including, if the borrowing is pursuant to a separate agreement, Sub-Custodian) from which it borrows money for investment or for temporary or emergency purposes using securities held by Sub-Custodian hereunder as collateral for such borrowings, a notice or undertaking in the form currently employed by such bank setting forth the amount which such bank will loan to the Trust against delivery of a stated amount of collateral. The Trust shall promptly deliver to Sub-Custodian Written Instruction specifying with respect to each such borrowing: (a) the Portfolio Fund to which such borrowing relates; (b) the name of the bank; , (c) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note, duly endorsed by the Portfolio, or other loan agreement; (d) the time and date, if known, on which the loan is to be entered into; (e) the date on which the loan becomes due and payable; (f) the total amount payable to the Portfolio on the borrowing date; (g) the market value of securities to be delivered as collateral for such loan, including the name of the issuer, the title and the number of shares or the principal amount of any particular securities and (h) a statement specifying whether such loan is for investment purposes or for temporary or emergency purposes and that such loan is in conformance with the 1940 Act and the Portfolio's prospectus. Custodian shall deliver on the borrowing date specified in Written Instructions the specified collateral and the executed promissory note, if any, against delivery by the lending bank of the total amount of the loan payable, provided that the same conforms to the total amount payable as set forth in such Written Instructions. Custodian may, at the option of the lending bank, keep such collateral in its possession, but such collateral shall be subject to all rights therein given the lending bank by virtue of any promissory note or loan agreement. Custodian shall deliver such securities as additional collateral as may be specified in Written Instructions to collateralize further any transaction described in this Paragraph 25(b). The Trust shall cause all securities released from collateral status to be returned directly to Custodian, and Custodian shall receive from time to time such return of collateral as may be tendered to it. In the event that the Trust fails to specify in Written Instructions the Portfolio, the name of the issuer, the title and number of shares or the principal amount of any particular securities to be delivered as collateral by Custodian, Custodian shall not be under any obligation to deliver any securities.duly
Appears in 1 contract
Samples: Mutual Fund Custody and Sub Custody Agreement (Nations Institutional Reserves)
OVERDRAFTS OR INDEBTEDNESS. (a) Sub-Custodian shall advance funds under this Agreement with respect to any Portfolio Fund which results in an overdraft because the moneys held by Sub-Custodian in the separate account for such Portfolio Fund shall be insufficient to pay the total amount payable upon a purchase of securities by such PortfolioFund, as set forth in an Officer's Certificate or Oral or Written Instructions, or which results in an overdraft in the separate account of such Portfolio Fund for some other reason, or if the Trust is for any other reason indebted to Sub-Custodian, including any indebtedness to The Bank of New York under the Trust's Cash Management and Related Services Agreement, (except a borrowing for investment or for temporary or emergency purposes using securities as collateral pursuant to a separate agreement and subject to the provisions of Paragraph 25(b) hereof), such overdraft or indebtedness shall be deemed to be a loan made by Sub-Custodian to the Trust for such Portfolio Fund payable on demand and shall bear interest from the date incurred at a rate per annum (based on a 360-day year for the actual number of days involved) equal to the overdraft rate specified in Schedule III Appendix F to this Agreement. In addition, the Trust hereby agrees that Sub-Custodian shall have a continuing lien, security entitlement lien and security interest in and to any property at any time held by it for the benefit of such Portfolio Fund or in which the Portfolio Fund may have an interest which is then in Sub-Custodian's possession or control or in possession or control of any third party acting on Sub-Custodian's behalf. The Trust authorizes Sub-Custodian, in its sole discretion, at any time to charge any such overdraft or indebtedness together with interest due thereon against any balance of account standing to such PortfolioFund's credit on Sub-Custodian's books. In addition, the Trust hereby covenants that on each Business Day on which either it intends to enter a Reverse Repurchase Agreement and/or otherwise borrow from a third party, or which next succeeds a Business Day on which at the close of business the Trust had outstanding a Reverse Repurchase Agreement or such a borrowing, it shall prior to 1:00 p.m., New York City time, advise Sub-Custodian, in writing, of each such borrowing, shall specify the Portfolio Fund to which the same relates, and shall not incur any indebtedness not so specified other than from Sub-Custodian.
(b) The Trust will cause to be delivered to Sub-Custodian by any bank (including, if the borrowing is pursuant to a separate agreement, Sub-Custodian) from which it borrows money for investment or for temporary or emergency purposes using securities held by Sub-Custodian hereunder as collateral for such borrowings, a notice or undertaking in the form currently employed by such bank setting forth the amount which such bank will loan to the Trust against delivery of a stated amount of collateral. The Trust shall promptly deliver to Sub-Custodian Written Instruction specifying with respect to each such borrowing: (a) the Portfolio Fund to which such borrowing relates; (b) the name of the bank; , (c) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note, duly endorsed by the PortfolioFund, or other loan agreement; , (d) the time and date, if known, on which the loan is to be entered into; , (e) the date on which the loan becomes due and payable; , (f) the total amount payable to the Portfolio Fund on the borrowing date; , (g) the market value of securities to be delivered as collateral for such loan, including the name of the issuer, the title and the number of shares or the principal amount of any particular securities securities, and (h) a statement specifying whether such loan is for investment purposes or for temporary or emergency purposes and that such loan is in conformance with the 1940 Act and the PortfolioFund's prospectus. Sub-Custodian shall deliver on the borrowing date specified in Written Instructions the specified collateral and the executed promissory note, if any, against delivery by the lending bank of the total amount of the loan payable, provided that the same conforms to the total amount payable as set forth in such Written Instructions. Sub-Custodian may, at the option of the lending bank, keep such collateral in its possession, but such collateral shall be subject to all rights therein given the lending bank by virtue of any promissory note or loan agreement. Sub-Custodian shall deliver such securities as additional collateral as may be specified in Written Instructions to collateralize further any transaction described in this Paragraph 25(b). The Trust shall cause all securities released from collateral status to be returned directly to Custodian, and Custodian shall receive from time to time such return of collateral as may be tendered to it. In the event that the Trust fails to specify in Written Instructions the Portfolio, the name of the issuer, the title and number of shares or the principal amount of any particular securities to be delivered as collateral by Custodian, Custodian shall not be under any obligation to deliver any securities.25
Appears in 1 contract
Samples: Mutual Fund Custody and Sub Custody Agreement (Nations Fund Trust)
OVERDRAFTS OR INDEBTEDNESS. (a) Custodian shall advance funds under this Agreement with respect to any Portfolio which results in an overdraft because the moneys held by Custodian in the separate account for such Portfolio shall be insufficient to pay the total amount payable upon a purchase of securities by such Portfolio, as set forth in an Officer's Certificate or Oral or Written Instructions, or which results in an overdraft in the separate account of such Portfolio for some other reason, or if the Trust is for any other reason indebted to Custodian, including any indebtedness to The Bank of New York under the Trust's Cash Management and Related Services Agreement, (except a borrowing for investment or for temporary or emergency purposes using securities as collateral pursuant to a separate agreement and subject to the provisions of Paragraph 25(b) hereof), such overdraft or indebtedness shall be deemed to be a loan made by Custodian to the Trust for such Portfolio payable on demand and shall bear interest from the date incurred at a rate per annum (based on a 360-day year for the actual number of days involved) equal to the overdraft rate specified in Schedule III to this Agreement. In addition, the Trust hereby agrees that to the extent of such overdraft or indebtedness, Custodian shall have a continuing lien, security entitlement and security interest in and to any property at any time held by it for the benefit of such Portfolio or in which the Portfolio may have an interest which is then in Custodian's possession or control or in possession or control of any third party acting on Custodian's behalf. The Trust authorizes Custodian, in its sole discretion, at any time to charge any such overdraft or indebtedness together with interest due thereon against any balance of account standing to such Portfolio's credit on Custodian's books. In addition, the Trust hereby covenants that on each Business Day on which either it intends to enter a Reverse Repurchase Agreement and/or otherwise borrow from a third party, or which next succeeds a Business Day on which at the close of business the Trust had outstanding a Reverse Repurchase Agreement or such a borrowing, it shall prior to 1:00 p.m., New York City time, advise Custodian, in writing, of each such borrowing, shall specify the Portfolio to which the same relates, and shall not incur any indebtedness not so specified other than from Custodian.
(b) The Trust will cause to be delivered to Custodian by any bank (including, if the borrowing is pursuant to a separate agreement, Custodian) from which it borrows money for investment or for temporary or emergency purposes using securities held by Custodian hereunder as collateral for such borrowings, a notice or undertaking in the form currently employed by such bank setting forth the amount which such bank will loan to the Trust against delivery of a stated amount of collateral. The Trust shall promptly deliver to Custodian Written Instruction Instructions specifying with respect to each such borrowing: (a) the Portfolio to which such borrowing relates; (b) the name of the bank; (c) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note, duly endorsed by the Portfolio, or other loan agreement; (d) the time and date, if known, on which the loan is to be entered into; (e) the date on which the loan becomes due and payable; (f) the total amount payable to the Portfolio on the borrowing date; (g) the market value of securities to be delivered as collateral for such loan, including the name of the issuer, the title and the number of shares or the principal amount of any particular securities and (h) a statement specifying whether such loan is for investment purposes or for temporary or emergency purposes and that such loan is in conformance with the 1940 Act and the Portfolio's prospectus. Custodian shall deliver on the borrowing date specified in Written Instructions the specified collateral and the executed promissory note, if any, against delivery by the lending bank of the total amount of the loan payable, provided that the same conforms to the total amount payable as set forth in such Written Instructions. Custodian may, at the option of the lending bank, keep such collateral in its possession, but such collateral shall be subject to all rights therein given the lending bank by virtue of any promissory note or loan agreement. Custodian shall deliver such securities as additional collateral as may be specified in Written Instructions to collateralize further any transaction described in this Paragraph 25(b). The Trust shall cause all securities released from collateral status to be returned directly to Custodian, and Custodian shall receive from time to time such return of collateral as may be tendered to it. In the event that the Trust fails to specify in Written Instructions the Portfolio, the name of the issuer, the title and number of shares or the principal amount of any particular securities to be delivered as collateral by Custodian, Custodian shall not be under any obligation to deliver any securities.to
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OVERDRAFTS OR INDEBTEDNESS. (a) 1. If Custodian shall should in its sole discretion advance funds under this Agreement with in respect to of any Portfolio which results in an overdraft (including, without limitation, any day-light overdraft) because the moneys money held by Custodian in the separate account an Account for such Portfolio shall be insufficient to pay the total amount payable upon a purchase of securities by Foreign Securities specifically allocated to such Portfolio, as set forth in an Officer's Certificate a Certificate, Instructions or Oral or Written Instructions, or which results in if an overdraft arises in the separate account of such a Portfolio for some other reason, including, without limitation, because of a reversal of a conditional credit or the purchase of any currency, or if the Trust Huntington is for any other reason indebted to Custodian, including any indebtedness Custodian with respect to The Bank of New York under the Trust's Cash Management and Related Services Agreement, a Portfolio (except a borrowing for investment or for temporary or emergency purposes using securities Foreign Securities as collateral pursuant to a separate agreement and subject to the provisions of Paragraph 25(b) hereofSection 2 of this Article), such overdraft or indebtedness shall be deemed to be a loan made by Custodian to the Trust for such Portfolio Huntington payable on demand and shall bear interest from the date incurred at a rate per annum (based on a 360-day year for the actual number of days involved) equal ordinarily charged by Custodian to the overdraft its institutional customers, as such rate specified in Schedule III may be adjusted from time to this Agreementtime. In addition, the Trust Huntington hereby agrees that Custodian shall to the maximum extent permitted by law have a continuing lien, security entitlement interest, and security interest entitlement in and to any property, including, without limitation, any investment property or any financial asset, of such Portfolio at any time held by it Custodian for the benefit of such Portfolio or in which the such Portfolio may have an interest which is then in Custodian's possession or control or in possession or control of any third party acting on in Custodian's behalf. The Trust Huntington authorizes Custodian, in its sole discretion, at any time to charge any such overdraft or indebtedness together with interest due thereon against any balance of account standing to such Portfolio's credit on Custodian's books. In addition, the Trust hereby covenants that on each Business Day on which either it intends to enter a Reverse Repurchase Agreement and/or otherwise borrow from a third party, or which next succeeds a Business Day on which at the close of business the Trust had outstanding a Reverse Repurchase Agreement or such a borrowing, it shall prior to 1:00 p.m., New York City time, advise Custodian, in writing, of each such borrowing, shall specify the Portfolio to which the same relates, and shall not incur any indebtedness not so specified other than from Custodian.
(b) The Trust will cause to be delivered to Custodian by 2. If Huntington borrows money from any bank (including, if the borrowing is pursuant to a separate agreement, Custodian) from which it borrows money for investment or for temporary or emergency purposes using securities Foreign Securities held by Custodian hereunder as collateral for such borrowings, a notice or undertaking in the form currently employed by such bank setting forth the amount which such bank will loan to the Trust against delivery of a stated amount of collateral. The Trust Huntington shall promptly deliver to Custodian Written Instruction a Certificate specifying with respect to each such borrowing: (a) the Portfolio to which such borrowing relates; (b) the name of the bank; , (c) the amount and terms of the borrowing, which may be set forth by incorporating by reference an attached promissory note, duly endorsed by the Portfolio, or other loan agreement; (d) the time and date, if known, on which the loan is to be entered into; , (e) the date on which the loan becomes due and payable; (f) the total amount payable to the Portfolio Trust on the borrowing date; , (gf) the market value of securities Foreign Securities to be delivered as collateral for such loan, including the name of the issuer, the title and the number of shares or the principal amount of any particular securities Foreign Securities, and (hg) a statement specifying whether such loan is for investment purposes or for temporary or emergency purposes and that such loan is in conformance with the 1940 `40 Act and the Portfolio's prospectus. Custodian shall deliver on the borrowing date specified in Written Instructions a Certificate the specified collateral and the executed promissory note, if any, against delivery payment by the lending bank of the total amount of the loan payable, provided that the same conforms to the total amount payable as set forth in such Written Instructionsthe Certificate. Custodian may, at the option of the lending bank, keep such collateral in its possession, but such collateral shall be subject to all rights therein given the lending bank by virtue of any promissory note or loan agreement. Custodian shall deliver such securities Foreign Securities as additional collateral as may be specified in Written Instructions a Certificate to collateralize further any transaction described in this Paragraph 25(b)Section. The Trust Huntington shall cause all securities Foreign Securities released from collateral status to be returned directly to Custodian, and Custodian shall receive from time to time such return of collateral as may be tendered to it. In the event that the Trust Huntington fails to specify in Written Instructions a Certificate the Portfolio, the name of the issuer, the title and number of shares or the principal amount of any particular securities Foreign Securities to be delivered as collateral by Custodian, Custodian shall not be under any obligation to deliver any securitiesForeign Securities.
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