Common use of OVERDRAFTS OR INDEBTEDNESS Clause in Contracts

OVERDRAFTS OR INDEBTEDNESS. 1. If Custodian in its sole discretion advances funds in any currency hereunder or there shall arise for whatever reason an overdraft in an Account (including, without limitation, overdrafts incurred in connection with the settlement of securities transactions, funds transfers or foreign exchange transactions) or if Customer is for any other reason indebted to Custodian under this Agreement, Customer agrees to repay Custodian on demand the amount of the advance, overdraft or indebtedness plus accrued interest at a rate ordinarily charged by Custodian to its institutional custody customers in the relevant currency. 2. In order to secure repayment of Customer's obligations to Custodian hereunder, Customer hereby pledges and grants to Custodian a continuing lien and security interest in, and right of set-off against, all of Customer's right, title and interest in and to the Accounts and the Securities, money and other property now or hereafter held in the Accounts (including proceeds thereof), and any other property at any time held by it for the account of Customer pursuant to this Agreement. In this regard, Custodian shall be entitled to all the rights and remedies of a pledgee and secured creditor under applicable laws, rules or regulations as then in effect. 3. In no event shall Custodian or any of its affiliates, as applicable, have recourse, whether by set-off or otherwise, with respect to any amounts owed or liabilities incurred by Customer under or in connection with this Agreement, to or against (x) any assets of any person or entity (including, without limitation, any person or entity whose account is under the management of the manager of Customer (the “Manager”) other than Customer or (y) any assets of any affiliate of Customer or of the Manager or any affiliate of the Manager.

Appears in 2 contracts

Samples: Global Custody Agreement (KKR Infrastructure Conglomerate LLC), Global Custody Agreement (KKR Infrastructure Conglomerate LLC)

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OVERDRAFTS OR INDEBTEDNESS. 1. If Custodian in its sole discretion advances funds in any currency hereunder or there shall arise for whatever reason an overdraft in an Account (including, without limitation, overdrafts incurred in connection with the settlement of securities transactions, funds transfers or foreign exchange transactions) or if a Customer is for any other reason indebted to Custodian under this AgreementCustodian, Customer the Trust, on behalf of each Customer, agrees to repay Custodian on demand the amount of the advance, overdraft or indebtedness plus accrued interest at a rate ordinarily charged by Custodian to its institutional custody customers in the relevant currency. 2. In order to secure repayment of each separate Customer's ’s obligations to Custodian hereunder, Customer the Trust, on behalf of each such Customer, hereby pledges and grants to Custodian a continuing lien and security interest in, and right of set-off against, all of such Customer's ’s right, title and interest in and to the Accounts and the Securities, money and other property now or hereafter held in the Accounts (including proceeds thereof), and any other property at any time held by it for the account of each respective Customer pursuant to this Agreement. and not any other series of the Trust listed on Schedule A. In this regard, Custodian shall be entitled to all the rights and remedies of a pledgee and secured creditor under applicable laws, rules or regulations as then in effect. 3. In no event shall Custodian or any of its affiliates, as applicable, have recourse, whether by set-off or otherwise, with respect to any amounts owed or liabilities incurred by Customer under or in connection with this Agreement, to or against (x) any assets of any person or entity (including, without limitation, any person or entity whose account is under the management of the manager of Customer (the “Manager”) other than Customer or (y) any assets of any affiliate of Customer or of the Manager or any affiliate of the Manager.

Appears in 2 contracts

Samples: Global Custody Agreement (DB US Dollar Index Master Trust), Global Custody Agreement (PowerShares DB Multi-Sector Commodity Trust)

OVERDRAFTS OR INDEBTEDNESS. 1. If Custodian in its sole discretion advances funds in any currency hereunder or there shall arise for whatever reason an overdraft in an Account (including, without limitation, overdrafts incurred in connection with the settlement of securities transactions, funds transfers or foreign exchange transactions) or if Customer is for any other reason indebted to Custodian under this AgreementCustodian, Customer agrees to repay Custodian on demand the amount of the advance, overdraft or indebtedness plus accrued interest at a rate ordinarily charged by Custodian to its institutional custody customers in the relevant currency. 2. In order to secure repayment of Customer's obligations to Custodian hereunder, Customer the Trust, on behalf of each such Customer, hereby pledges and grants to Custodian a continuing lien and security interest in, and right of set-off against, all of Customer's right, title and interest in and to the Accounts and the Securities, money and other property now or hereafter held in the Accounts (including proceeds thereof), and any other property at any time held by it for the account of each respective Customer pursuant to this Agreementand not any other series of the Trust. In this regard, Custodian shall be entitled to all the rights and remedies of a pledgee and secured creditor under applicable laws, rules or regulations as then in effect. 3. In no event shall Custodian or any of its affiliates, as applicable, have recourse, whether by set-off or otherwise, with respect to any amounts owed or liabilities incurred by Customer under or in connection with this Agreement, to or against (x) any assets of any person or entity (including, without limitation, any person or entity whose account is under the management of the manager of Customer (the “Manager”) other than Customer or (y) any assets of any affiliate of Customer or of the Manager or any affiliate of the Manager.

Appears in 2 contracts

Samples: Global Custody Agreement (Teucrium Commodity Trust), Global Custody Agreement (Teucrium Commodity Trust)

OVERDRAFTS OR INDEBTEDNESS. 1. If Custodian in its sole discretion advances funds in any currency hereunder or there shall arise for whatever reason an overdraft in an Account (including, without limitation, overdrafts incurred in connection with the settlement of securities transactions, funds transfers or foreign exchange transactions) or if a Customer is for any other reason indebted to Custodian under this AgreementCustodian, Customer the Trust, on behalf of each Customer, agrees to repay Custodian on demand the amount of the advance, overdraft or indebtedness plus accrued interest at a rate ordinarily charged by Custodian to its institutional custody customers in the relevant currency. 2. In order to secure repayment of each separate Customer's ’s obligations to Custodian hereunder, Customer the Trust on behalf of each such Customer, hereby pledges and grants to Custodian a continuing lien and security interest in, and right of set-off against, all of such Customer's ’s right, title and interest in and to the Accounts and the Securities, money and other property now or hereafter held in the Accounts (including proceeds thereof), and any other property at any time held by it for the account of each respective Customer pursuant to this Agreement. and not any other series of the Trust listed on Schedule A. In this regard, Custodian shall be entitled to all the rights and remedies of a pledgee and secured creditor under applicable laws, rules or regulations as then in effect. 3. In no event shall Custodian or any of its affiliates, as applicable, have recourse, whether by set-off or otherwise, with respect to any amounts owed or liabilities incurred by Customer under or in connection with this Agreement, to or against (x) any assets of any person or entity (including, without limitation, any person or entity whose account is under the management of the manager of Customer (the “Manager”) other than Customer or (y) any assets of any affiliate of Customer or of the Manager or any affiliate of the Manager.

Appears in 1 contract

Samples: Global Custody Agreement (DB Multi-Sector Commodity Master Trust)

OVERDRAFTS OR INDEBTEDNESS. 1. If Custodian in its sole discretion advances funds in any currency hereunder or there shall arise for whatever reason an overdraft in an Account (including, without limitation, overdrafts incurred in connection with the settlement of securities transactions, funds transfers or foreign exchange transactions) or if Customer is for any other reason indebted to Custodian under this AgreementCustodian, Customer agrees to repay Custodian on demand the amount of the advance, overdraft or indebtedness plus accrued interest at a rate ordinarily charged by Custodian to its institutional custody customers in the relevant currency. 2. In order to secure repayment of Customer's obligations to Custodian hereunder, Customer hereby pledges and grants to Custodian a continuing lien and security interest in, and right of set-off against, all of Customer's right, title and interest in and to the Accounts and the Securities, money and other property now or hereafter held in the Accounts (including proceeds thereof), and any other property at any time held by it for the account of Customer pursuant to this AgreementCustomer. In this regard, Custodian shall be entitled to all the rights and remedies of a pledgee and secured creditor under applicable laws, rules or regulations as then in effect. 3. In no event shall Custodian or any of its affiliates, as applicable, have recourse, whether by set-off or otherwise, with respect to any amounts owed or liabilities incurred by Customer under or in connection with this Agreement, to or against (x) any assets of any person or entity (including, without limitation, any person or entity whose account is under the management of the manager investment adviser of Customer (the “ManagerAdviser”) other than Customer or (y) any assets of any affiliate of Customer or of the Manager or any affiliate of the Manager.

Appears in 1 contract

Samples: Global Custody Agreement (26North BDC, Inc.)

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OVERDRAFTS OR INDEBTEDNESS. 1. If Custodian in its sole discretion advances funds in any currency hereunder or there shall arise for whatever reason an as overdraft in an Account (including, without limitation, overdrafts incurred in connection with the settlement of securities transactions, funds transfers or foreign exchange transactions) or if Customer is for any other reason indebted to Custodian under this AgreementCustodian, Customer agrees to repay Custodian on demand the amount of the advance, overdraft or indebtedness plus accrued interest at a rate ordinarily charged by Custodian to its institutional custody customers in the relevant currency. 2. In order to secure repayment of Customer's and each third party's obligations to Custodian hereunder, Customer hereby pledges and grants to Custodian a continuing lien and security interest in, and right of set-off against, all of Customer's right, title and interest in and to the (a) all Accounts in Customer's name and the Securities, money and other property now or hereafter held in the such Accounts (including proceeds thereof), (b) each Account, except for designated ERISA Accounts, in respect of which or for whose benefit the advance, overdraft or indebtedness relates and the Securities, money and other property now or hereafter held in such Account (including proceeds thereof), and (c) any other property at any time held by it for the account of Customer pursuant to this AgreementCustomer. In this regard, Custodian shall be entitled to all the rights and remedies of a pledgee and secured creditor under applicable laws, rules or regulations as then in effect. 3. In no event shall Custodian or any of its affiliates, as applicable, have recourse, whether by set-off or otherwise, with respect to any amounts owed or liabilities incurred by Customer under or in connection with this Agreement, to or against (x) any assets of any person or entity (including, without limitation, any person or entity whose account is under the management of the manager of Customer (the “Manager”) other than Customer or (y) any assets of any affiliate of Customer or of the Manager or any affiliate of the Manager.

Appears in 1 contract

Samples: Global Custody Agreement (Victory Portfolios)

OVERDRAFTS OR INDEBTEDNESS. 1. If Custodian in its sole discretion advances funds in any currency hereunder or there shall arise for whatever reason an overdraft in an Account (including, without limitation, overdrafts incurred in connection with the settlement of securities transactions, funds transfers or foreign exchange transactions) or if the applicable Customer is for any other reason indebted to Custodian under this AgreementCustodian, the applicable Customer agrees to repay Custodian on demand the amount of the advance, overdraft or indebtedness plus accrued interest at a rate ordinarily charged by Custodian to its institutional custody customers in the relevant currency. 2. In order to secure repayment of each Customer's ’s obligations to Custodian hereunder, each Customer hereby pledges and grants to Custodian a continuing lien and security interest in, and right of set-off against, all of the applicable Customer's ’s right, title and interest in and to the Accounts and the Securities, money and other property now or hereafter held in the Accounts (including proceeds thereof), and any other property at any time held by it for the account of Customer pursuant to this Agreementeach Customer. In this regard, Custodian shall be entitled to all the rights and remedies of a pledgee and secured creditor under applicable laws, rules or regulations as then in effect. 3. In no event shall Custodian or any of its affiliates, as applicable, have recourse, whether by set-off or otherwise, with respect to any amounts owed or liabilities incurred by Customer under or in connection with this Agreement, to or against (x) any assets of any person or entity (including, without limitation, any person or entity whose account is under the management of the manager of Customer (the “Manager”) other than Customer or (y) any assets of any affiliate of Customer or of the Manager or any affiliate of the Manager.

Appears in 1 contract

Samples: Global Custody Agreement (Blackstone Alternative Alpha Master Fund)

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