Common use of Payment of Fund Moneys Clause in Contracts

Payment of Fund Moneys. Upon receipt of Proper Instructions, which may be continuing instructions when deemed appropriate by the parties, the Custodian shall pay out moneys of the Fund in the following cases only: 1) Upon the purchase of securities, futures contracts or options on futures contracts for the account of the Fund but only (a) against the delivery of such securities, or evidence of title to futures contracts or options on futures contracts, to the Custodian (or any bank, banking firm or trust company doing business in the United States or abroad which is qualified under the Investment Company Act of 1940, as amended, to act as custodian and has been designated by the Custodian as its agent for this purpose) registered in the name of the Fund or in the name of a nominee of the Custodian referred to in Section 2.3 hereof or in proper form for transfer; (b) in the case of a purchase effected through a. Securities System, in accordance with the conditions set forth in Section 2.12 hereof or (c) in the case of repurchase agreements entered into between the Fund and the Custodian, or another bank, or a broker-dealer which is a member of NASD, (i) against delivery of the securities either in certificate form or through an entry crediting the Custodian’s account in which it holds securities as fiduciary, custodian or otherwise for customers at the Federal Reserve Bank with such securities or (ii) in the case of purchase by the Fund of securities owned by State Street Bank and Trust Company (“State Street”) for its own account, against (A) delivery of the receipt evidencing purchase by the Fund, (B) earmarking certificates for such securities to show ownership by the Fund or transfer of such securities from State Street’s proprietary account at the Federal Reserve Bank to its account described in (i) above, unless the Securities are already held in the latter account, (C) the entry on the records of State Street showing that such securities are held by the Fund, and (D) delivery of written evidence of the agreement of State Street to repurchase such securities from the Fund; provided that, upon receipt of Proper Instructions, the Custodian shall transfer to another bank or trust company qualified to act as a custodian under the Investment Company Act of 1940, as amended, securities held in a Securities System and purchased from State Street subject to State Street’s agreement to repurchase such securities; 2) In connection with conversion, exchange or surrender of securities owned by the Fund as set forth in Section 2.2 hereof; 3) For the redemption or repurchase of Shares issued by the Fund as set forth in Section 2.10 hereof; 4) For the payment of any expense or liability incurred by the Fund, including but not limited to the following payments for the account of the Fund: interest, taxes, management, accounting, transfer agent and legal fees, filing fees for the registration or qualification of securities and operating expenses of the Fund whether or not such expenses are to be in whole or part capitalized or treated as deferred expenses; 5) For the payment of any dividends declared pursuant to the governing documents of the Fund; 6) For payment of the amount of dividends received in respect of securities sold short; 7) For any other proper purpose, but only upon receipt of, in addition to Proper Instructions, a certified copy of a resolution of the Trustees or of the Executive Committee of the Fund signed by an officer of the Fund and certified by its Secretary or an Assistant Secretary, specifying the amount of such payment, setting forth the purpose for which such payment is to be made, declaring such purpose to be a proper purpose, and naming the person or persons to whom such payment is to be made.

Appears in 1 contract

Samples: Custodian Contract (Harbor Funds)

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Payment of Fund Moneys. Upon receipt of Proper Instructions, which may be continuing instructions when deemed appropriate by the parties, the Custodian shall pay out moneys of the Fund in the following cases only: (1) Upon the purchase of securities, futures contracts or options on futures contracts for the account of the Fund but only (a) against the delivery of such securities, or evidence of title to futures contracts or options on futures contracts, to the Custodian (or any bank, banking firm or trust company doing business in the United States or abroad which is qualified under the Investment Company 1940 Act of 1940, as amended, to act as a custodian and has been designated by the Custodian as its agent for this purpose) “pursuant to Section 2.11 hereof” registered in the name of the Fund or in the name of a nominee of the Custodian referred to in Section 2.3 hereof or in proper form for transfer; , (b) in the case of a purchase effected through a. a Securities System, in accordance with the conditions set forth in Section 2.12 hereof or (c) in the case of repurchase agreements entered into between the Fund and the Custodian, or another bank, or a broker-dealer which is a member of NASDany other party, (i) against delivery of the securities either in certificate form or through an entry crediting the Custodian’s account in which it holds securities as fiduciary, custodian or otherwise for customers at the Federal Reserve Bank with such securities or (ii) in against delivery of the case receipt evidencing purchase for the account of purchase by the Fund of securities owned by State Street Bank and Trust Company (“State Street”) for its own account, against (A) delivery of the receipt evidencing purchase by the Fund, (B) earmarking certificates for such securities to show ownership by the Fund or transfer of such securities from State Street’s proprietary account at the Federal Reserve Bank to its account described in (i) above, unless the Securities are already held in the latter account, (C) the entry on the records of State Street showing that such securities are held by the Fund, and (D) delivery of Custodian along with written evidence of the agreement of State Street by the Custodian to repurchase such securities from the Fund; provided that, upon receipt of Proper Instructions, the Custodian shall transfer to another bank or trust company qualified to act as a custodian under the Investment Company Act of 1940, as amended, securities held in a Securities System and purchased from State Street subject to State Street’s agreement to repurchase such securities; (2) In connection with conversion, exchange or surrender of securities owned by the Fund as set forth in Section 2.2 hereof; (3) For the redemption or repurchase of Shares of the Fund issued by the Fund as set forth in Section 2.10 hereof; (4) For the payment of any expense or liability incurred by the Fund, including but not limited to the following payments for the account of the Fund: interest, ; taxes, ; management, accounting, transfer agent and legal fees, filing fees for the registration or qualification of securities ; and operating expenses of the Fund Fund, whether or not such expenses are to be in whole or part capitalized or treated as deferred expenses; (5) For the payment of any dividends on Shares of a Fund declared pursuant to the governing documents of the Fund; (6) For payment of the amount of dividends received in respect of securities sold short; (7) For any other proper purpose, but only upon receipt of, in addition to Proper Instructions, a certified copy of a resolution of the Trustees or Board of the Executive Committee Directors of the Fund signed by an officer of the Fund and certified by its Secretary or an Assistant Secretary, specifying the amount of such payment, setting forth the purpose for which such payment is to be made, declaring such purpose to be a proper purpose, and naming the person or persons to whom such payment is to be made.

Appears in 1 contract

Samples: Custodian Contract (Snoqualmie Asset Fund Inc)

Payment of Fund Moneys. Upon receipt of Proper Instructions, which may be continuing instructions when deemed appropriate by the parties, the Custodian shall pay out moneys of the Fund in the following cases only: 1) Upon the purchase of domestic securities, futures contracts or options on futures contracts for the account of the Fund but only (a) against the delivery of such securities, or evidence of title to futures contracts or options on futures contracts, to the Custodian (or any bank, banking firm or trust company doing business in the United States or abroad which is qualified under the Investment Company Act of 1940, as amended, to act as a custodian and has been designated by the Custodian as its agent for this purpose) registered in the name of the Fund or in the name of a nominee of the Custodian referred to in Section 2.3 hereof or in proper form for transfer; (b) in the case of a purchase effected through a. a Securities System, in accordance with the conditions set forth in Section 2.12 2.10 hereof or (c) in the case of repurchase agreements entered into between the Fund and the Custodian, or another bank, or a broker-dealer which is a member of NASD, (i) against delivery of the securities either in certificate form or through an entry crediting the Custodian’s 's account in which it holds securities as fiduciary, custodian or otherwise for customers at the Federal Reserve Bank with such securities or (ii) in against delivery of the case of receipt evidencing purchase by the Fund of securities owned by State Street Bank and Trust Company (“State Street”) for its own account, against (A) delivery of the receipt evidencing purchase by the Fund, (B) earmarking certificates for such securities to show ownership by the Fund or transfer of such securities from State Street’s proprietary account at the Federal Reserve Bank to its account described in (i) above, unless the Securities are already held in the latter account, (C) the entry on the records of State Street showing that such securities are held by the Fund, and (D) delivery of Custodian along with written evidence of the agreement of State Street by the Custodian to repurchase such securities from the Fund; provided that, upon receipt of Proper Instructions, the Custodian shall transfer to another bank or trust company qualified to act as a custodian under the Investment Company Act of 1940, as amended, securities held in a Securities System and purchased from State Street subject to State Street’s agreement to repurchase such securities; 2) In connection with conversion, exchange or surrender of securities owned by the Fund as set forth in Section 2.2 hereof; 3) For the redemption or repurchase of Shares issued by the Fund as set forth in Section 2.10 Article 4 hereof; 4) For the payment of any expense or liability incurred by the Fund, including but not limited to the following payments for the account of the Fund: interest, taxes, management, accounting, transfer agent and legal fees, filing fees for the registration or qualification of securities and operating expenses of the Fund whether or not such expenses are to be in whole or part capitalized or treated as deferred expenses; 5) For the payment of any dividends declared pursuant to the governing documents of the Fund; 6) For payment of the amount of dividends received in respect of securities sold short; 7) For any other proper purpose, but only upon receipt of, in addition to Proper Instructions, a certified copy of a resolution of the Trustees or of the Executive Committee of the Fund signed by an officer of the Fund and certified by its Secretary or an Assistant Secretary, specifying the amount of such payment, setting forth the purpose for which such payment is to be made, declaring such purpose to be a proper purpose, and naming the person or persons to whom such payment is to be made.

Appears in 1 contract

Samples: Custodian Contract (State Street Research Equity Trust)

Payment of Fund Moneys. Upon receipt of Proper Instructions, which may be continuing instructions when deemed appropriate by the parties, the Custodian shall pay out moneys of the each Fund in the following cases only: (1) Upon the purchase of securities, futures contracts or options on futures contracts for the account of the a Fund but only (a) against the delivery of such securities, or evidence of title to futures contracts or options on futures contracts, to the Custodian (or any bank, banking firm or trust company doing business in the United States or abroad which is qualified under the Investment Company 1940 Act of 1940, as amended, to act as a custodian and has been designated by the Custodian as its agent for this purposepurpose pursuant to Section 2.11 hereof) registered in the name of the Fund or in the name of a nominee of the Custodian referred to in Section 2.3 hereof or in proper form for transfer; , (b) in the case of a purchase effected through a. a Securities System, in accordance with the conditions set forth in Section 2.12 hereof or (c) in the case of repurchase agreements entered into between the Fund Trust and the Custodian, or another bank, or a broker-dealer which is a member of NASDany other party, (i) against delivery of the securities either in certificate form or through an entry crediting the Custodian’s 's account in which it holds securities as fiduciary, custodian or otherwise for customers at the Federal Reserve Bank with such securities or (ii) in against delivery of the case receipt evidencing purchase for the account of purchase by the Fund of securities owned by State Street Bank and Trust Company (“State Street”) for its own account, against (A) delivery of the receipt evidencing purchase by the Fund, (B) earmarking certificates for such securities to show ownership by the Fund or transfer of such securities from State Street’s proprietary account at the Federal Reserve Bank to its account described in (i) above, unless the Securities are already held in the latter account, (C) the entry on the records of State Street showing that such securities are held by the Fund, and (D) delivery of Custodian along with written evidence of the agreement of State Street by the Custodian to repurchase such securities from the Fund; provided that, upon receipt of Proper Instructions, the Custodian shall transfer to another bank or trust company qualified to act as a custodian under the Investment Company Act of 1940, as amended, securities held in a Securities System and purchased from State Street subject to State Street’s agreement to repurchase such securities; (2) In connection with conversion, exchange or surrender of securities owned by the a Fund as set forth in Section 2.2 hereof; (3) For the redemption or repurchase of Shares of a Fund issued by the Fund Trust as set forth in Section 2.10 hereof; (4) For the payment of any expense or liability incurred by the a Fund, including but not limited to the following payments for the account of the Fund: interest, ; taxes, ; management, accounting, transfer agent and legal fees, filing fees for the registration or qualification of securities ; and operating expenses of the Fund Fund, whether or not such expenses are to be in whole or in part capitalized or treated as deferred expenses; (5) For the payment of any dividends on Shares of a Fund declared pursuant to the governing documents of the FundTrust; (6) For payment of the amount of dividends received in respect of securities sold short; (7) For any other proper purpose, but only upon receipt of, in addition to Proper Instructions, a certified copy of a resolution of the Board of Trustees or of the Executive Committee Trust on behalf of the a Fund signed by an officer of the Fund Trust and certified by its Secretary or an Assistant Secretary, specifying the amount of such payment, setting forth the purpose for which such payment is to be made, declaring such purpose to be a proper purpose, and naming the person or persons to whom such payment is to be made.

Appears in 1 contract

Samples: Custodian Agreement (Huntington Funds)

Payment of Fund Moneys. Upon receipt of Proper Instructions, which may be continuing instructions when deemed appropriate by the parties, the Custodian shall pay out moneys of the Fund in the following cases only: 1) Upon the purchase of domestic securities, futures contracts or options on futures contracts for the account of the Fund but only (a) against the delivery of such securities, or evidence of title to futures contracts or options on futures contracts, to the Custodian (or any bank, banking firm or trust company doing business in the United States or abroad which is qualified under the Investment Company Act of 1940, as amended, to act as a custodian and has been designated by the Custodian as its agent for this purpose) registered in the name of the Fund or in the name of a nominee of the Custodian referred to in Section 2.3 hereof or in proper form for transfer; (b) in the case of a purchase effected through a. a Securities System, in accordance with the conditions set forth in Section 2.12 2.10 hereof or (c) in the case of repurchase agreements entered into between the Fund and the Custodian, or another bank, or a broker-dealer which is a member of NASD, (i) against delivery of the securities either in certificate form or through an entry crediting the Custodian’s 's account in which it holds securities as fiduciary, custodian or otherwise for customers at the Federal Reserve Bank with such securities or (ii) in against delivery of the case of receipt evidencing purchase by the Fund of securities owned by State Street Bank and Trust Company (“State Street”) for its own account, against (A) delivery of the receipt evidencing purchase by the Fund, (B) earmarking certificates for such securities to show ownership by the Fund or transfer of such securities from State Street’s proprietary account at the Federal Reserve Bank to its account described in (i) above, unless the Securities are already held in the latter account, (C) the entry on the records of State Street showing that such securities are held by the Fund, and (D) delivery of Custodian along with written evidence of the agreement of State Street by the Custodian to repurchase such securities from the Fund; provided that, upon receipt Fund or (d) in the case of Proper Instructionsinvestments in companies that do not issue certificates, the delivery to the Custodian shall transfer of other evidence of ownership, or investments in securities that require payment to another bank or trust company qualified an escrow account pending closing of the purchase, deposit to act as a custodian under the Investment Company Act such escrow against future delivery of 1940, as amended, securities held in a Securities System and purchased from State Street subject to State Street’s agreement to repurchase such securities; 2) In connection with conversion, exchange or surrender of securities owned by the Fund as set forth in Section 2.2 hereof; 3) For the redemption or repurchase of Shares issued by the Fund as set forth in Section 2.10 hereof; 4) For the payment of any expense or liability incurred by the Fund, including but not limited to the following payments for the account of the Fund: interest, taxes, management, accounting, transfer agent and legal fees, filing fees for the registration or qualification of securities and operating expenses of the Fund whether or not such expenses are to be in whole or part capitalized or treated as deferred expenses; 54) For the payment of any dividends declared pursuant to the governing documents of the Fund; 65) For payment of the amount of dividends received in respect of securities sold short; 76) For any other proper purpose, but only upon receipt of, in addition to Proper Instructions, a certified copy of a resolution of the Board of Trustees or of the Executive Committee of the Fund signed by an officer of the Fund and certified by its Secretary or an Assistant Secretary, specifying the amount of such payment, setting forth the purpose for which such payment is to be made, declaring such purpose to be a proper purpose, and naming the person or persons to whom such payment is to be made.

Appears in 1 contract

Samples: Custodian Contract (H&q Healthcare Investors)

Payment of Fund Moneys. Upon receipt of Proper Instructionsproper instructions from the Fund, which may be continuing instructions when deemed appropriate by the parties, the Custodian shall pay out moneys of the Fund in the following cases only: 1(a) Upon upon the purchase of securities, futures contracts or options on futures contracts securities for the account of the Fund Fund, but only (ai) against the delivery of such securities, or evidence of title to futures contracts or options on futures contracts, securities to the Custodian (or any bank, banking firm or trust company doing business in the United States or abroad which is qualified under the Investment Company 1940 Act of 1940, as amended, to act as a custodian and has been designated by the Custodian as its agent for this purpose) registered in the name of the Fund or in the name of a nominee of the Custodian referred to in Section 2.3 hereof or and in proper form for transfer; (bii) in the case of a purchase effected through a. a Securities SystemSystems, in accordance with the conditions set forth in Section 2.12 hereof or (ciii) in the case of repurchase agreements entered into between the Fund and the Custodian, Custodian or a dealer or another commercial bank, or a broker-dealer which is a member of NASD, (iA) against delivery of the securities either in certificate form or through an entry crediting the Custodian’s 's account in which it holds securities as fiduciary, custodian or otherwise for customers at the Federal Reserve Bank of Boston with such securities or (iiB) in against delivery of the case of receipt evidencing purchase by the Fund of securities owned by State Street Bank and Trust Company (“State Street”) for its own account, against (A) delivery of the receipt evidencing purchase by the Fund, (B) earmarking certificates for such securities to show ownership by the Fund or transfer of such securities from State Street’s proprietary account at the Federal Reserve Bank to its account described in (i) above, unless the Securities are already held in the latter account, (C) the entry on the records of State Street showing that such securities are held by the Fund, and (D) delivery of Custodian along with written evidence of the agreement of State Street by the Custodian to repurchase such securities from the Fund; provided that, upon receipt of Proper Instructions, the Custodian shall transfer to another bank or trust company qualified to act as a custodian under the Investment Company Act of 1940, as amended, securities held in a Securities System and purchased from State Street subject to State Street’s agreement to repurchase such securities; 2(b) In in connection with conversion, exchange or surrender of securities owned by the Fund as set forth in Section 2.2 hereof2.2; 3(c) For for the redemption or repurchase of Shares issued by the Fund as set forth in Section 2.10 hereof2.10; 4(d) For for the payment of any expense or liability incurred by the Fund, including including, but not limited to to, the following payments for the account of the Fund: interest, taxes, management, accounting, transfer agent and expenses of the Transfer Agent, legal fees, filing fees for the registration or qualification of securities and operating expenses of the Fund whether or not such expenses are to be in whole or in part capitalized or treated as deferred expenses; 5(e) For for the payment of any dividends or distributions declared pursuant to by the governing documents Board of Directors of the Fund; 6(f) For payment for the purpose of opening fixed time deposits as provided in the amount Prospectus, but only against delivery of dividends received in respect of securities sold short;a non-negotiable receipt; or 7(g) For for any other proper purpose, but only upon receipt of, in addition to Proper Instructionsproper instructions from the Fund, a certified copy of a resolution approved by the Fund's Board of the Trustees Directors or of the Executive Committee of the Fund signed by an officer of the Fund and certified by its Secretary or an Assistant Secretary, specifying the amount of such paymentpayments, setting forth the purpose for which such payment is to be made, declaring such purpose to be a proper corporate purpose, and naming the person or persons to whom such payment is to be made.

Appears in 1 contract

Samples: Custodian Agreement (Scudder Fund Inc)

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Payment of Fund Moneys. Upon receipt of Proper Instructions, which may ---------------------- be continuing instructions when deemed appropriate by the parties, the Custodian shall pay out moneys of the each Fund in the following cases only: (1) Upon the purchase of securities, futures contracts or options on futures contracts for the account of the a Fund but only (a) against the delivery of such securities, or evidence of title to futures contracts or options on futures contracts, to the Custodian (or any bank, banking firm or trust company doing business in the United States or abroad which is qualified under the Investment Company 1940 Act of 1940, as amended, to act as a custodian and has been designated by the Custodian as its agent for this purposepurpose pursuant to Section 2.11 hereof) registered in the name of the Fund or in the name of a nominee of the Custodian referred to in Section 2.3 hereof or in proper form for transfer; , (b) in the case of a purchase effected through a. a Securities System, in accordance with the conditions set forth in Section 2.12 hereof or (c) in the case of repurchase agreements entered into between the Fund Trust and the Custodian, or another bank, or a broker-dealer which is a member of NASDany other party, (i) against delivery of the securities either in certificate form or through an entry crediting the Custodian’s 's account in which it holds securities as fiduciary, custodian or otherwise for customers at the Federal Reserve Bank with such securities or (ii) in against delivery of the case receipt evidencing purchase for the account of purchase by the Fund of securities owned by State Street Bank and Trust Company (“State Street”) for its own account, against (A) delivery of the receipt evidencing purchase by the Fund, (B) earmarking certificates for such securities to show ownership by the Fund or transfer of such securities from State Street’s proprietary account at the Federal Reserve Bank to its account described in (i) above, unless the Securities are already held in the latter account, (C) the entry on the records of State Street showing that such securities are held by the Fund, and (D) delivery of Custodian along with written evidence of the agreement of State Street by the Custodian to repurchase such securities from the Fund; provided that, upon receipt of Proper Instructions, the Custodian shall transfer to another bank or trust company qualified to act as a custodian under the Investment Company Act of 1940, as amended, securities held in a Securities System and purchased from State Street subject to State Street’s agreement to repurchase such securities; (2) In connection with conversion, exchange or surrender of securities owned by the a Fund as set forth in Section 2.2 hereof; (3) For the redemption or repurchase of Shares of a Fund issued by the Fund Trust as set forth in Section 2.10 hereof; (4) For the payment of any expense or liability incurred by the Funda fund, including but not limited to the following payments for the account of the Fundfund: interest, Interest; taxes, ; management, accounting, transfer agent and legal fees, filing fees for the registration or qualification of securities ; and operating expenses of the Fund Fund, whether or not such expenses are to be in whole or in part capitalized or treated as deferred expenses; (5) For the payment of any dividends on Shares of a Fund declared pursuant to the governing documents of the FundTrust; (6) For payment of the amount of dividends received in respect of securities sold short; (7) For any other proper purpose, but only upon receipt of, in -------- addition to Proper Instructions, a certified copy of a resolution of the Board of Trustees or of the Executive Committee Trust on behalf of the a Fund signed by an officer of the Fund Trust and certified by its Secretary or an Assistant Secretary, specifying the amount of such payment, setting forth the purpose for which such payment is to be made, declaring such purpose to be a proper purpose, and naming the person or persons to whom such payment is to be made.

Appears in 1 contract

Samples: Custodian Agreement (Huntington Va Funds)

Payment of Fund Moneys. Upon receipt of Proper Instructions, which may be continuing instructions when deemed appropriate by the parties, the Custodian shall pay out moneys of the Fund in the following cases only: 1) Upon the purchase of securities, futures contracts or options on futures contracts for the account of the Fund but only (a) against the delivery of such securities, or evidence of title to futures contracts or options on futures contracts, to the Custodian (or any bank, banking firm or trust company doing business in the United States or abroad which is qualified under the Investment Company Act of 1940, as amended, to act as a custodian and has been designated by the Custodian as its agent for this purpose) registered registered, in the name case of the Fund or in the name of a nominee of the Custodian referred to registered securities, as provided in Section 2.3 hereof or in proper form for transfer; (b) in the case of a purchase effected through a. a Securities System, in accordance with the conditions set forth in Section 2.12 hereof or (c) in the case of repurchase agreements entered into between the Fund and the Custodian, or another bank, or a broker-dealer which is a member of NASD, (i) against delivery of the securities either in certificate form or through an entry crediting the Custodian’s 's account in which it holds securities as fiduciary, custodian or otherwise for customers at the Federal Reserve Bank with such securities or (ii) in the case of purchase by the Fund of securities owned by State Street Bank and Trust Company ("State Street") for its own account, against (A) delivery of the receipt evidencing purchase by the Fund, (B) earmarking certificates for such securities to show ownership by the Fund or transfer of such securities from State Street’s 's proprietary account at the Federal Reserve Bank to its account described in (i) above, unless the Securities securities are already held in the latter account, (C) the entry on the records of State Street showing that such securities are held by the Fund, and (D) delivery of written evidence of the agreement of State Street to repurchase such securities from the Fund; provided that, upon receipt of Proper Instructions, the Custodian shall transfer to another bank or trust company qualified to act as a custodian under the Investment Company Act of 1940, as amended, securities held in a Securities System and purchased from State Street subject to State Street’s 's agreement to repurchase such securities; 2) In connection with conversion, exchange or surrender of securities owned by the Fund as set forth in Section 2.2 hereof; 3) For the redemption or repurchase of Shares issued by the Fund as set forth in Section 2.10 hereof; 4) For the payment of any expense or liability incurred by the Fund, including but not limited to the following payments for the account of the Fund: interest, taxes, management, accounting, transfer agent and legal fees, filing fees for the registration or qualification of securities and operating expenses of the Fund whether or not such expenses are to be in whole or part capitalized or treated as deferred expenses; 5) For the payment of any dividends declared pursuant to the governing documents of the Fund; 6) For payment of the amount of dividends received in respect of securities sold short; 7) For any other proper purpose, but only upon receipt of, in addition to Proper Instructions, a certified copy of a resolution of the Trustees or of the Executive Committee of the Fund signed by an officer of the Fund and certified by its Secretary or an Assistant Secretary, specifying the amount of such payment, setting forth the purpose for which such payment is to be made, declaring such purpose to be a proper purpose, and naming the person or persons to whom such payment is to be made.

Appears in 1 contract

Samples: Custodian Contract (Mainstay Funds)

Payment of Fund Moneys. Upon receipt of Proper Instructions, which may be continuing instructions when deemed appropriate by the parties, the Custodian shall pay out moneys of the Fund in the following cases only: 1) Upon the purchase of domestic securities, futures contracts or options on futures contracts for the account of the Fund but only only (a) against the delivery of such securities, or evidence of title to futures contracts or options on futures contracts, to the Custodian (or any bank, banking firm or trust company doing business in the United States or abroad which is qualified under the Investment Company Act of 1940, as amended, to act as a custodian and has been designated by the Custodian as its agent for this purpose) registered in the name of the Fund or in the name of a nominee of the Custodian referred to in Section 2.3 hereof or in proper form for transfer; (b) in the case of a purchase effected through a. a Securities System, in accordance with the conditions set forth in Section 2.12 2.10 hereof or (c) in the case of repurchase agreements entered into between the Fund and the Custodian, or another bank, or a broker-dealer which is a member of NASD, (i) against delivery of the securities either in certificate form or through an entry crediting the Custodian’s 's account in which it holds securities as fiduciary, custodian or otherwise for customers at the Federal Reserve Bank with such securities or (ii11) in against delivery of the case of receipt evidencing purchase by the Fund of securities owned by State Street Bank and Trust Company (“State Street”) for its own account, against (A) delivery of the receipt evidencing purchase by the Fund, (B) earmarking certificates for such securities to show ownership by the Fund or transfer of such securities from State Street’s proprietary account at the Federal Reserve Bank to its account described in (i) above, unless the Securities are already held in the latter account, (C) the entry on the records of State Street showing that such securities are held by the Fund, and (D) delivery of Custodian along with written evidence of the agreement of State Street by the Custodian to repurchase such securities from the Fund; provided that, upon receipt of Proper Instructions, the Custodian shall transfer to another bank or trust company qualified to act as a custodian under the Investment Company Act of 1940, as amended, securities held in a Securities System and purchased from State Street subject to State Street’s agreement to repurchase such securities; 2) In connection with conversion, exchange or surrender of securities owned by the Fund as set forth in Section 2.2 hereof; 3) For the redemption or repurchase of Shares issued by the Fund as set forth in Section 2.10 Article 4 hereof; 4) For the payment of any expense or liability incurred by the Fund, including but not limited to the following payments for the account of the Fund: interest, taxes, management, accounting, transfer agent and legal fees, filing fees for the registration or qualification of securities and operating expenses of the Fund whether or not such expenses are to be in whole or part capitalized or treated as deferred expenses; 5) For the payment of any dividends declared pursuant to the governing documents of the Fund; 6) For payment of the amount of dividends received in respect of securities sold short; 7) For any other proper purpose, but only upon receipt of, in addition to Proper Instructions, a certified copy of a resolution of the Trustees Board of Directors or of the Executive Committee of the Fund signed by an officer of the Fund and certified by its Secretary or an art Assistant Secretary, specifying the amount of such payment, setting forth the purpose for which such payment is to be made, declaring such purpose to be a proper purpose, and naming the person or persons to whom such payment is to be made.

Appears in 1 contract

Samples: Custodian Contract (Alliance Quasar Fund Inc)

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