Common use of Payment of Company Monies Clause in Contracts

Payment of Company Monies. Upon receipt of Proper Instructions, which may be continuing instructions when deemed appropriate by the parties, the Custodian shall pay out, or direct the respective Foreign Sub-Custodian or the respective Foreign Securities System to pay out, monies of the Company in the following cases only: (i) upon the purchase of foreign securities for the Company, unless otherwise directed by Proper Instructions, by (A) delivering money to the seller thereof or to a dealer therefor (or an agent for such seller or dealer) against expectation of receiving later delivery of such foreign securities; or (B) in the case of a purchase effected through a Foreign Securities System, in accordance with the rules governing the operation of such Foreign Securities System; (ii) in connection with the conversion, exchange or surrender of foreign securities of the Company; (iii) for the payment of any expense or liability of the Company, including but not limited to the following payments: interest, taxes, investment advisory fees, transfer agency fees, fees under this Agreement, legal fees, accounting fees, and other operating expenses; (iv) for the purchase or sale of foreign exchange or foreign exchange contracts for the Company, including transactions executed with or through the Custodian or its Foreign Sub-Custodians; (v) for payment as initial or variation margin in connection with futures or options on futures contracts entered into by the Company; (vi) for payment of part or all of the dividends received in respect of securities sold short; (vii) in connection with the borrowing or lending of foreign securities; and (viii) for any other purpose, but only upon receipt of Proper Instructions specifying the amount of such payment and naming the person or persons to whom such payment is to be made.

Appears in 10 contracts

Samples: Custodian Agreement (FS Investment Corp IV), Custodian Agreement (FS Investment Corp IV), Custodian Agreement (FS Energy & Power Fund II)

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Payment of Company Monies. Upon receipt of Proper Instructions, which may be continuing instructions when deemed appropriate by the parties, the Custodian shall pay out, or direct the respective Foreign Sub-Custodian or the respective Foreign Securities System to pay out, monies of the Company in the following cases only: (i) upon Upon the purchase of foreign securities for the Company, unless otherwise directed by Proper Instructions, by (A) delivering money to the seller thereof or to a dealer therefor (or an agent for such seller or dealer) against expectation of receiving later delivery of such foreign securities; or (B) in the case of a purchase effected through a Foreign Securities System, in accordance with the rules governing the operation of such Foreign Securities System; (ii) in In connection with the conversion, exchange or surrender of foreign securities of the Company; (iii) for For the payment of any expense or liability of the Company, including but not limited to the following payments: interest, taxes, investment advisory fees, transfer agency fees, fees under this Agreement, legal fees, accounting fees, and other operating expenses; (iv) for For the purchase or sale of foreign exchange or foreign exchange contracts for the Company, including transactions executed with or through the Custodian or its Foreign Sub-Custodians; (v) for payment as initial or variation margin in In connection with trading in options and futures or options on futures contracts entered into by the Companycontracts, including delivery as original margin and variation margin; (vi) for Upon the purchase of foreign investments including, without limitation, repurchase agreement transactions involving delivery of the Company monies to Repo Custodian(s), as a Free Trade, provided that applicable Proper Instructions shall set forth (A) the amount of such payment and (B) the person or persons to whom payment shall be made; (vii) For payment of part or all of the dividends received in respect of securities sold short; (viiviii) in In connection with the borrowing or lending of foreign securities; and (viiiix) for For any other purpose, but only upon receipt of Proper Instructions specifying (A) the amount of such payment and naming (B) the person or persons to whom such payment is to be made.

Appears in 2 contracts

Samples: Master Custodian Agreement (TCG BDC II, Inc.), Custodian Agreement (TCG Bdc, Inc.)

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Payment of Company Monies. Upon receipt of Proper Instructions, which may be continuing instructions when deemed appropriate by the parties, the Custodian shall pay out, or direct the respective Foreign Sub-Custodian or the respective Foreign Securities System to pay out, monies of the a Company in the following cases only: (i) upon Upon the purchase of foreign securities for the Company, unless otherwise directed by Proper Instructions, by (A) delivering money to the seller thereof or to a dealer therefor (or an agent for such seller or dealer) against expectation of receiving later delivery of such foreign securities; or (B) in the case of a purchase effected through a Foreign Securities System, in accordance with the rules governing the operation of such Foreign Securities System; (ii) in In connection with the conversion, exchange or surrender of foreign securities of the Company; (iii) for For the payment of any expense or liability of the Company, including but not limited to the following payments: interest, taxes, investment advisory fees, transfer agency fees, fees under this Agreement, legal fees, accounting fees, and other operating expenses; (iv) for For the purchase or sale of foreign exchange or foreign exchange contracts for the Company, including transactions executed with or through the Custodian or its Foreign Sub-Custodians; (v) for payment as initial or variation margin in In connection with trading in options and futures or options on futures contracts entered into by the Companycontracts, including delivery as original margin and variation margin; (vi) for Upon the purchase of foreign investments including, without limitation, repurchase agreement transactions involving delivery of Company monies to Repo Custodian(s), as a Free Trade, provided that applicable Proper Instructions shall set forth (A) the amount of such payment and (B) the person or persons to whom payment shall be made; (vii) For payment of part or all of the dividends received in respect of securities sold short; (viiviii) in In connection with the borrowing or lending of foreign securities; and (viiiix) for For any other purpose, but only upon receipt of Proper Instructions specifying (A) the amount of such payment and naming (B) the person or persons to whom such payment is to be made.

Appears in 1 contract

Samples: Custodian Agreement (Dividend Capital Global Real Estate Fund of Funds, L.P.)

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