Payment of Fund Monies. Upon receipt of Proper Instructions, which may be continuing instructions when agreed to by the parties, the Custodian shall, from monies of the Fund held by the Custodian, pay out such monies in the following cases only: 1) Upon the purchase of domestic investments, options, futures contracts or options on futures contracts for the account of the Fund but only (a) against the delivery of such investments, or evidence of title to such options, 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 1940 Act to act as a custodian and has been designated by the Custodian as its agent for this purpose in accordance with Section 2.8) 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 U.S. Securities System, in accordance with the conditions set forth in Section 2.9 hereof; (c) in the case of a purchase involving the Direct Paper System, in accordance with the conditions set forth in Section 2.10 hereof; or (d) for transfer to a time deposit account of the Fund in any bank, whether domestic or foreign, such transfer may be effected prior to receipt of a confirmation from a broker and/or the applicable bank pursuant to Proper Instructions; 2) In connection with conversion, exchange or surrender of investments owned by the Fund as set forth in Section 2.2 hereof; 3) For the redemption or repurchase of Shares as set forth in Section 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 fees, accounting fees, transfer agent fees, legal fees, 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 by the Board; 6) For payment of the amount of dividends received in respect of investments sold short; 7) For repayment of a loan upon redelivery of pledged securities and upon surrender of the note(s), if any, evidencing the loan; or 8) In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is held by the Custodian, the Custodian shall act as the Fund’s "securities intermediary"(as that term is defined in Part 5 of Article 8 of the Massachusetts Uniform Commercial Code, as amended), and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund: (a) provide the Fund with notification of the receipt of the purchased securities, and (b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held in the Custodian’s account at the Federal Reserve Bank. In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held by the Custodian, the Custodian shall (a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund securities as shown in the Custodian’s account on the books of the entity appointed by the Fund to hold such collateral. 9) For any other purpose, but only upon receipt of Proper Instructions specifying (a) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, and (c) naming the person or persons to whom such payment is to be made.
Appears in 126 contracts
Samples: Custodian Agreement (T. Rowe Price Reserve Investment Funds, Inc.), Custodian Agreement (T. Rowe Price Real Assets Fund, Inc.), Custodian Agreement (T. Rowe Price Capital Appreciation Fund, Inc.)
Payment of Fund Monies. Upon receipt of Proper Instructions, which may be continuing instructions when agreed to by the parties, Instructions the Custodian shall, from shall pay out monies of the a Fund held by the Custodian, pay out such monies in the following cases onlyor as otherwise directed in Proper Instructions:
1(a) Upon upon the purchase of domestic investments, optionsSecurities, futures contracts or options on futures contracts for the account of the Fund but only only, except as otherwise provided herein, (ai) against the delivery of such investmentssecurities, or evidence of title to such options, 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 1940 Act a Subcustodian registered pursuant to act as a custodian and has been designated by the Custodian as its agent for this purpose in accordance with Section 2.8) registered in the name of the Fund or in the name of a nominee of the Custodian referred to in Section 2.3 Subsection 3.3 hereof or in proper form for transfer; (bii) in the case of a purchase effected through a U.S. Securities System, in accordance with the conditions set forth in Section 2.9 Subsection 3.8 hereof; or (ciii) in the case of repurchase agreements entered into between the Fund and the Custodian, another bank or a purchase involving broker-dealer (A) against delivery of the Direct Paper System, Securities either in accordance certificated form to the Custodian or a Subcustodian or through an entry crediting the Custodian's account at the appropriate Federal Reserve Bank with the conditions set forth in Section 2.10 hereof; such Securities or (dB) for transfer to a time deposit account against delivery of the confirmation evidencing purchase by the Fund in any bank, whether domestic of Securities owned by the Custodian or foreign, such transfer may be effected prior broker-dealer or other bank along with written evidence of the agreement by the Custodian or such broker-dealer or other bank to receipt of a confirmation repurchase such Securities from a broker and/or the applicable bank pursuant to Proper InstructionsFund;
2(b) In in connection with conversion, exchange or surrender of investments Securities owned by the Fund as set forth in Section 2.2 Subsection 3.2 hereof;
3(c) For for the redemption or repurchase of Shares as set forth in Section 4 hereofissued by the Fund;
4(d) For 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: custodian fees, interest, taxes, management feesmanagement, accounting feesaccounting, transfer agent fees, and legal fees, fees and operating expenses of the Fund (whether or not such expenses are to be in whole or part capitalized or treated as deferred expenses);; and
5(e) For for the payment of any dividends or distributions declared by the Board;
6) For payment of the amount of dividends received in respect of investments sold short;
7) For repayment of a loan upon redelivery of pledged securities and upon surrender of the note(s), if any, evidencing the loan; or
8) In connection with any repurchase agreement entered into by the Fund Board with respect to which the collateral is held by the Custodian, the Custodian shall act as the Fund’s "securities intermediary"(as that term is defined in Part 5 of Article 8 of the Massachusetts Uniform Commercial Code, as amended), and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund: (a) provide the Fund with notification of the receipt of the purchased securities, and (b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held in the Custodian’s account at the Federal Reserve Bank. In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held by the Custodian, the Custodian shall (a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund securities as shown in the Custodian’s account on the books of the entity appointed by the Fund to hold such collateralShares.
9) For any other purpose, but only upon receipt of Proper Instructions specifying (a) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, and (c) naming the person or persons to whom such payment is to be made.
Appears in 31 contracts
Samples: Master Custody Agreement (Franklin ETF Trust), Custody Agreement (Franklin Floating Rate Trust), Custody Agreement (Franklin Investors Securities Trust)
Payment of Fund Monies. Upon receipt of Proper Instructions, which may be continuing instructions when agreed to by the parties, the Custodian shall, from monies of the Fund held by the Custodian, pay out such monies in the following cases only:
1) Upon the purchase of domestic investments, options, futures contracts or options on futures contracts for the account of the Fund but only (a) against the delivery of such investments, or evidence of title to such options, 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 1940 Act to act as a custodian and has been designated by the Custodian as its agent for this purpose in accordance with Section 2.8) 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 U.S. Securities System, in accordance with the conditions set forth in Section 2.9 hereof; (c) in the case of a purchase involving the Direct Paper System, in accordance with the conditions set forth in Section 2.10 hereof; or (d) for transfer to a time deposit account of the Fund in any bank, whether domestic or foreign, such transfer may be effected prior to receipt of a confirmation from a broker and/or the applicable bank pursuant to Proper Instructions;
2) In connection with conversion, exchange or surrender of investments owned by the Fund as set forth in Section 2.2 hereof;
3) For the redemption or repurchase of Shares as set forth in Section 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 fees, accounting fees, transfer agent fees, legal fees, 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 by the Board;
6) For payment of the amount of dividends received in respect of investments sold short;
7) For repayment of a loan upon redelivery of pledged securities and upon surrender of the note(s), if any, evidencing the loan; or
8) In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is held by the Custodian, the Custodian shall act as the Fund’s 's "securities intermediary"(as intermediary"( as that term is defined in Part 5 of Article 8 of the Massachusetts Uniform Commercial Code, as amended), and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund: (a) provide the Fund with notification of the receipt of the purchased securities, and (b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held in the Custodian’s account at the Federal Reserve Bank. In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held by the Custodian, the Custodian shall (a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund securities as shown in the Custodian’s account on the books of the entity appointed by the Fund to hold such collateral.
9) For any other purpose, but only upon receipt of Proper Instructions specifying (a) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, and (c) naming the person or persons to whom such payment is to be made.:
Appears in 17 contracts
Samples: Custodian Agreement (Price T Rowe State Tax Free Income Trust), Custodian Agreement (T Rowe Price Institutional International Funds Inc), Custodian Agreement (Price T Rowe Gnma Fund)
Payment of Fund Monies. Upon receipt of Proper Instructions, which may be continuing instructions when agreed to deemed appropriate by the parties, the Custodian shallshall pay out, from or direct the respective Foreign Sub-Custodian or the respective Foreign Securities System to pay out, monies of the a Fund held by the Custodian, pay out such monies in the following cases only:
1(i) Upon upon the purchase of domestic investments, options, futures contracts or options on futures contracts foreign securities for the account of Fund, unless otherwise directed by Proper Instructions, in accordance with reasonable market settlement practice in the Fund but only country where such foreign securities are held or traded, including, without limitation, (aA) delivering money to the seller thereof or to a dealer therefor (or an agent for such seller or dealer) against the expectation of receiving later delivery of such investments, foreign securities; or evidence of title to such options, 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 1940 Act to act as a custodian and has been designated by the Custodian as its agent for this purpose in accordance with Section 2.8) 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; (bB) in the case of a purchase effected through a U.S. Foreign Securities System, in accordance with the conditions set forth in Section 2.9 hereof; rules governing the operation of such Foreign Securities System;
(cii) in the case of a purchase involving the Direct Paper System, in accordance connection with the conditions set forth in Section 2.10 hereof; or (d) for transfer to a time deposit account of the Fund in any bank, whether domestic or foreign, such transfer may be effected prior to receipt of a confirmation from a broker and/or the applicable bank pursuant to Proper Instructions;
2) In connection with conversion, exchange or surrender of investments owned by foreign securities of the Fund as set forth in Section 2.2 hereofFund;
3(iii) For the redemption or repurchase of Shares as set forth in Section 4 hereof;
4) For for the payment of any expense or liability incurred by of the Fund, including but not limited to the following payments for the account of the Fundpayments: interest, taxes, management investment advisory fees, transfer agency fees, fees under this Contract, legal fees, accounting fees, transfer agent feesand other operating expenses;
(iv) for the purchase or sale of foreign exchange or foreign exchange contracts for the Fund, legal feesincluding transactions executed with or through the Custodian or its Foreign Sub-Custodians;
(v) in connection with trading in options and futures contracts, including delivery as original margin and operating expenses variation margin;
(vi) for payment of part or all 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 by the Board;
6) For payment of the amount of dividends received in respect of investments securities sold short;
7(vii) For repayment of a loan upon redelivery of pledged securities and upon surrender of the note(s), if any, evidencing the loan; or
8) In in connection with any repurchase agreement entered into by the Fund with respect to which the collateral is held by the Custodian, the Custodian shall act as the Fund’s "securities intermediary"(as that term is defined in Part 5 borrowing or lending of Article 8 of the Massachusetts Uniform Commercial Code, as amended), foreign securities; and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund:
(aviii) provide the Fund with notification of the receipt of the purchased securities, and (b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held in the Custodian’s account at the Federal Reserve Bank. In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held by the Custodian, the Custodian shall (a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund securities as shown in the Custodian’s account on the books of the entity appointed by the Fund to hold such collateral.
9) For for any other proper purpose, but only BUT ONLY upon receipt of Proper Instructions specifying (a) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, declaring such purpose to be a proper trust\corporate purpose, and (c) naming the person or persons to whom such payment is to be made.
Appears in 11 contracts
Samples: Custodian Contract/Agreement (Prudential Small Co Value Fund Inc), Custodian Contract/Agreement (Prudential Municipal Bond Fund), Custodian Contract/Agreement (Prudential Tax Managed Equity Fund)
Payment of Fund Monies. Upon receipt of Proper Instructions, which may be continuing instructions when agreed to deemed appropriate by the parties, the Custodian shallshall pay out, from or direct the respective Foreign Sub-Custodian or the respective Foreign Securities System to pay out, monies of the Fund held by the Custodian, pay out such monies in the following cases only:
1(i) Upon the purchase of domestic investments, options, futures contracts foreign securities or options on futures contracts other assets for the account of Fund, unless otherwise directed by Proper Instructions, by (A) delivering money to the Fund but only seller thereof or to a dealer therefor (aor an agent for such seller or dealer) against the expectation of receiving later delivery of such investments, foreign securities; or evidence of title to such options, 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 1940 Act to act as a custodian and has been designated by the Custodian as its agent for this purpose in accordance with Section 2.8) 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; (bB) in the case of a purchase effected through a U.S. Foreign Securities System, in accordance with the conditions set forth in Section 2.9 hereof; (c) in rules governing the case operation of a purchase involving the Direct Paper such Foreign Securities System, in accordance with the conditions set forth in Section 2.10 hereof; or (d) for transfer to a time deposit account of the Fund in any bank, whether domestic or foreign, such transfer may be effected prior to receipt of a confirmation from a broker and/or the applicable bank pursuant to Proper Instructions;
2(ii) In connection with the conversion, exchange or surrender of investments owned by foreign securities of the Fund;
(iii) When required for the reduction or redemption of an interest in the Fund as set forth in Section 2.2 hereofaccordance with the provisions of Paragraph 3.J of this Agreement;
3) For the redemption or repurchase of Shares as set forth in Section 4 hereof;
4(iv) For the payment of any expense or liability incurred by of the Fund, including but not limited to the following payments for the account of the Fundpayments: interest, taxes, management investment advisory fees, transfer agency fees, fees under this Agreement, legal fees, accounting fees, transfer agent fees, legal fees, and other operating expenses of the Fund (whether or not such expenses are to be in whole or part capitalized or treated as deferred expenses);
5(v) For the payment purchase or sale of any dividends declared by foreign exchange or foreign exchange contracts for the BoardFund, including transactions executed with or through the Custodian or its Foreign Sub-Custodians;
6(vi) In connection with trading in options and futures contracts, including delivery as original margin and variation margin;
(vii) Upon the purchase of foreign investments including, without limitation, repurchase agreement transactions involving delivery of Fund monies to Tri-Party Custodian(s), as a free delivery, provided that applicable Proper Instructions shall set forth (A) the amount of such payment and (B) the person(s) to whom such payment is made;
(viii) For payment of part or all of the amount of dividends received in respect of investments securities sold short;
7(ix) For repayment In connection with the borrowing or lending of a loan upon foreign securities;
(x) The Custodian may repay any Fund borrowing against redelivery to it of the securities pledged securities or hypothecated therefor and upon surrender of the note(s), if any, note or notes evidencing the loan; orloan (which need not be simultaneous unless so specified in such Proper Instructions): and
8) In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is held by the Custodian, the Custodian shall act as the Fund’s "securities intermediary"(as that term is defined in Part 5 of Article 8 of the Massachusetts Uniform Commercial Code, as amended), and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund: (a) provide the Fund with notification of the receipt of the purchased securities, and (b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held in the Custodian’s account at the Federal Reserve Bank. In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held by the Custodian, the Custodian shall (a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund securities as shown in the Custodian’s account on the books of the entity appointed by the Fund to hold such collateral.
9xi) For any other proper corporate purpose, but only upon receipt of Proper Instructions specifying (aA) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, and (cB) naming the person or persons to whom such payment is to be made.
Appears in 10 contracts
Samples: Services Agreement (Eaton Vance Floating-Rate 2022 Target Term Trust), Services Agreement (Eaton Vance High Income 2021 Target Term Trust), Master Custodian Agreement (Eaton Vance NextShares Trust II)
Payment of Fund Monies. Upon receipt of Proper Instructions, which may be continuing instructions when agreed to by the parties, the Custodian shall, from monies of the Fund held by the Custodian, pay out such monies in the following cases only:
1) Upon the purchase of domestic investments, options, futures contracts or options on futures contracts for the account of the Fund but only (a) against the delivery of such investments, or evidence of title to such options, 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 1940 Act to act as a custodian and has been designated by the Custodian as its agent for this purpose in accordance with Section 2.8) 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 U.S. Securities System, in accordance with the conditions set forth in Section 2.9 hereof; (c) in the case of a purchase involving the Direct Paper System, in accordance with the conditions set forth in Section 2.10 hereof; or (d) for transfer to a time deposit account of the Fund in any bank, whether domestic or foreign, such transfer may be effected prior to receipt of a confirmation from a broker and/or the applicable bank pursuant to Proper Instructions;
2) In connection with conversion, exchange or surrender of investments owned by the Fund as set forth in Section 2.2 hereof;
3) For the redemption or repurchase of Shares as set forth in Section 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 fees, accounting fees, transfer agent fees, legal fees, 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 by the Board;
6) For payment of the amount of dividends received in respect of investments sold short;
7) For repayment of a loan upon redelivery of pledged securities and upon surrender of the note(s), if any, evidencing the loan; or
8) In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is held by the Custodian, the Custodian shall act as the Fund’s Fund s "securities intermediary"(as intermediary"( as that term is defined in Part 5 of Article 8 of the Massachusetts Uniform Commercial Code, as amended), and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund: :
(a) provide the Fund with notification of the receipt of the purchased securities, and (b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held in the Custodian’s Custodian s account at the Federal Reserve Bank. In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held by the Custodian, the Custodian shall (a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund securities as shown in the Custodian’s Custodian s account on the books of the entity appointed by the Fund to hold such collateral.
9) For any other purpose, but only upon receipt of Proper Instructions specifying (a) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, and (c) naming the person or persons to whom such payment is to be made.
Appears in 7 contracts
Samples: Custodian Agreement (Price T Rowe Diversified Small Cap Growth Fund Inc), Custodian Agreement (Price T Rowe Mid Cap Value Fund Inc), Custodian Agreement (Price T Rowe Prime Reserve Fund Inc)
Payment of Fund Monies. Upon receipt of Proper Instructions, which may be continuing instructions when agreed to deemed appropriate by the parties, the Custodian shallshall pay out, from or direct the respective Foreign Sub-Custodian or the respective Foreign Securities System to pay out, monies of the a Fund held by the Custodian, pay out such monies in the following cases only:
1(i) Upon the purchase of domestic investmentsforeign securities, options, futures contracts or options on futures contracts for the account of the Fund but only (a) against the delivery of such investments, or evidence of title to such options, futures contracts or options on futures contracts, or other derivative interests or instruments for the account of the Fund, unless otherwise directed by Proper Instructions, by (A) delivering money to the Custodian seller thereof or to a dealer therefor (or any bank, banking firm or trust company doing business in the United States or abroad which is qualified under the 1940 Act to act as a custodian and has been designated by the Custodian as its an agent for this purpose in accordance with Section 2.8such seller or dealer) registered in the name against expectation of the Fund receiving later delivery of such foreign securities; or in the name of a nominee of the Custodian referred to in Section 2.3 hereof or in proper form for transfer; (bB) in the case of a purchase effected through a U.S. Foreign Securities System, in accordance with the conditions set forth in Section 2.9 hereof; (c) in rules governing the case operation of a purchase involving the Direct Paper such Foreign Securities System, in accordance with the conditions set forth in Section 2.10 hereof; or (d) for transfer to a time deposit account of the Fund in any bank, whether domestic or foreign, such transfer may be effected prior to receipt of a confirmation from a broker and/or the applicable bank pursuant to Proper Instructions;
2(ii) In connection with the conversion, exchange or surrender of investments owned by foreign securities of the Fund as set forth in Section 2.2 hereofFund;
3) For the redemption or repurchase of Shares as set forth in Section 4 hereof;
4(iii) For the payment of any expense or liability incurred by of the Fund, including but not limited to the following payments for the account of the Fundpayments: interest, taxes, management investment advisory fees, transfer agency fees, fees under this Agreement, legal fees, accounting fees, transfer agent fees, legal fees, and other operating expenses of the Fund (whether or not such expenses are to be in whole or part capitalized or treated as deferred expenses);
5(iv) For the payment purchase or sale of any dividends declared by foreign exchange or foreign exchange contracts for the BoardFund, including transactions executed with or through the Custodian or its Foreign Sub-Custodians;
6(v) In connection with trading in options and futures contracts, including delivery as original margin and variation margin;
(vi) Upon the purchase of foreign investments including, without limitation, repurchase agreement transactions involving delivery of Fund 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 amount of dividends received in respect of investments securities sold short;
7(viii) For repayment of a loan upon redelivery of pledged securities and upon surrender of the note(s), if any, evidencing the loan; or
8) In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is held by the Custodian, the Custodian shall act as the Fund’s "securities intermediary"(as that term is defined in Part 5 borrowing or lending of Article 8 of the Massachusetts Uniform Commercial Code, as amended), foreign securities; and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund:
(a) provide the Fund with notification of the receipt of the purchased securities, and (b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held in the Custodian’s account at the Federal Reserve Bank. In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held by the Custodian, the Custodian shall (a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund securities as shown in the Custodian’s account on the books of the entity appointed by the Fund to hold such collateral.
9ix) For any other purpose, but only upon receipt of Proper Instructions specifying (aA) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, and (cB) naming the person or persons to whom such payment is to be made.
Appears in 6 contracts
Samples: Master Custodian Agreement (FS Multi-Alternative Income Fund), Master Custodian Agreement (FS Series Trust), Master Custodian Agreement (FS Series Trust)
Payment of Fund Monies. Upon receipt of Proper Instructions, which may be continuing instructions when agreed to deemed appropriate by the parties, the Sub-Custodian shall, from shall cause monies of the a Fund held by the Custodian, pay to be paid out such monies in the following cases only:
1) Upon the purchase of domestic investments, options, futures contracts or options on futures contracts securities for the account of the Fund but only (a) against the delivery of such investments, or evidence of title to such options, futures contracts or options on futures contracts, securities to the Sub-Custodian (or any bank, banking firm or trust company doing business in the United States or abroad which is qualified under the 1940 Act Act, as amended, to act as a custodian and has been designated by the Sub-Custodian as its agent for this purpose in accordance with Section 2.8purpose) 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 U.S. Securities System, in accordance with the conditions set forth in Section 2.9 2.13 hereof; or (c) in the case of a purchase involving repurchase agreements entered into between the Direct Paper SystemFund and the Sub-Custodian, or another bank, (i) against delivery of the securities either in accordance certificate form or through an entry crediting the Sub-Custodian's account at the Federal Reserve Bank with the conditions set forth in Section 2.10 hereof; such securities or (dii) for transfer to a time deposit account against delivery of the receipt evidencing purchase by the Fund in any bank, whether domestic or foreign, of securities owned by the Sub-Custodian along with written evidence of the agreement by the Sub-Custodian to repurchase such transfer may be effected prior to receipt of a confirmation securities from a broker and/or the applicable bank pursuant to Proper InstructionsFund;
2) In connection with conversion, exchange or surrender of investments securities owned by the Fund as set forth in Section 2.2 hereof;
3) For the redemption or repurchase of Shares shares issued by the Fund as set forth in Section 4 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 feesmanagement, accounting feesaccounting, custodian and Sub-Custodian, transfer agent fees, and legal fees, including the Custodian's fee; 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 by pursuant to the Boardgoverning documents of the Fund;
6) For payment transfer to another Sub-Custodian of the amount of dividends received in respect of investments sold short;Fund; and
7) For repayment of a loan upon redelivery of pledged securities and upon surrender of the note(s), if any, evidencing the loan; or
8) In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is held by the Custodian, the Custodian shall act as the Fund’s "securities intermediary"(as that term is defined in Part 5 of Article 8 of the Massachusetts Uniform Commercial Code, as amended), and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund: (a) provide the Fund with notification of the receipt of the purchased securities, and (b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held in the Custodian’s account at the Federal Reserve Bank. In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held by the Custodian, the Custodian shall (a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund securities as shown in the Custodian’s account on the books of the entity appointed by the Fund to hold such collateral.
9) For any other proper purpose, but only upon receipt of, in addition to Proper Instructions, a certified copy of Proper Instructions a resolution of the Trustees or of the Executive Committee of the Fund signed by an officer of the Fund and certified by its Clerk or an Assistant Clerk, specifying (a) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, declaring such purpose to be a proper purpose, and (c) naming the person or persons to whom such payment is to be made.
Appears in 6 contracts
Samples: Custodian Agreement (Putnam Funds Trust), Custodian Agreement (Putnam Municipal Opportunities Trust), Custodian Agreement (Putnam Master Intermediate Income Trust)
Payment of Fund Monies. Upon receipt of Proper Instructions, which may be continuing instructions when agreed to deemed appropriate by the parties, the Custodian shallshall pay out, from or direct the respective Foreign Sub-Custodian or the respective Foreign Securities System to pay out, monies of the Fund held by the Custodian, pay out such monies in the following cases only:
1(i) Upon upon the purchase of domestic investments, options, futures contracts or options on futures contracts foreign securities for the account of Fund, unless otherwise directed by Proper Instructions, by (A) delivering money to the Fund but only seller thereof or to a dealer therefor (aor an agent for such seller or dealer) against the expectation of receiving later delivery of such investments, foreign securities; or evidence of title to such options, 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 1940 Act to act as a custodian and has been designated by the Custodian as its agent for this purpose in accordance with Section 2.8) 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; (bB) in the case of a purchase effected through a U.S. Foreign Securities System, in accordance with the conditions set forth in Section 2.9 hereof; rules governing the operation of such Foreign Securities System;
(cii) in the case of a purchase involving the Direct Paper System, in accordance connection with the conditions set forth in Section 2.10 hereof; or (d) for transfer to a time deposit account of the Fund in any bank, whether domestic or foreign, such transfer may be effected prior to receipt of a confirmation from a broker and/or the applicable bank pursuant to Proper Instructions;
2) In connection with conversion, exchange or surrender of investments owned by foreign securities of the Fund as set forth in Section 2.2 hereofFund;
3(iii) For the redemption or repurchase of Shares as set forth in Section 4 hereof;
4) For for the payment of any expense or liability incurred by of the Fund, including but not limited to the following payments for the account of the Fundpayments: interest, taxes, management investment advisory fees, transfer agency fees, fees under this Contract, legal fees, accounting fees, transfer agent feesand other operating expenses;
(iv) for the purchase or sale of foreign exchange or foreign exchange contracts for the Fund, legal fees, and operating expenses including transactions executed with or through the Custodian or its Foreign Sub-Custodians;
(v) for delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund;
(vi) for payment of part or all 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 by the Board;
6) For payment of the amount of dividends received in respect of investments securities sold short;
7(vii) For repayment of a loan upon redelivery of pledged securities and upon surrender of the note(s), if any, evidencing the loan; or
8) In for delivery in connection with any repurchase agreement entered into loans of foreign securities made by the Fund, BUT ONLY against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian will not be held liable or responsible for the delivery of securities owned by the Fund with respect prior to which the collateral is held by the Custodian, the Custodian shall act as the Fund’s "securities intermediary"(as that term is defined in Part 5 of Article 8 of the Massachusetts Uniform Commercial Code, as amended), and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund: (a) provide the Fund with notification of the receipt of the purchased securities, and such collateral;
(b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered viii) for delivery in the name of the Fund and held in the Custodian’s account at the Federal Reserve Bank. In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held by the Custodian, the Custodian shall (a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund loans of foreign securities as shown in the Custodian’s account on the books of the entity appointed made by the Fund to hold such collateral.a third party lending agent, or the lending agent's custodian, in accordance with Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
9(ix) For for any other purpose, but only upon receipt of Proper Instructions specifying (a) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, and (c) naming the person or persons to whom such payment is to be made.
Appears in 4 contracts
Samples: Custodian Agreement (RMR Preferred Dividend Fund), Custodian Agreement (RMR Hospitality & Real Estate Fund), Custodian Agreement (RMR F.I.R.E. Fund)
Payment of Fund Monies. Upon receipt of Proper Instructions, which may be continuing instructions when agreed to deemed appropriate by the parties, the Custodian shallshall pay out, from or direct the respective Foreign Sub-Custodian or the respective Foreign Securities System to pay out, monies of the Fund held by the Custodian, pay out such monies in the following cases only:
1(i) Upon the purchase of domestic investments, options, futures contracts or options on futures contracts foreign securities for the account of Fund, unless otherwise directed by Proper Instructions, by (A) in accordance with customary or established market practices and procedures, including, without limitation, delivering money to the Fund but only seller thereof or to a dealer therefor (aor an agent for such seller or dealer) against the expectation of receiving later delivery of such investments, foreign securities; or evidence of title to such options, 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 1940 Act to act as a custodian and has been designated by the Custodian as its agent for this purpose in accordance with Section 2.8) 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; (bB) in the case of a purchase effected through a U.S. Foreign Securities System, in accordance with the conditions set forth in Section 2.9 hereof; (c) in rules governing the case operation of a purchase involving the Direct Paper such Foreign Securities System, in accordance with the conditions set forth in Section 2.10 hereof; or (d) for transfer to a time deposit account of the Fund in any bank, whether domestic or foreign, such transfer may be effected prior to receipt of a confirmation from a broker and/or the applicable bank pursuant to Proper Instructions;
2(ii) In connection with the conversion, exchange or surrender of investments owned by foreign securities of the Fund as set forth in Section 2.2 4.4.1 hereof;
3) For the redemption or repurchase of Shares as set forth in Section 4 hereof;
4(iii) For the payment of any expense or liability incurred by of the Fund, including but not limited to the following payments for the account of the Fundpayments: interest, taxes, management investment advisory fees, transfer agency fees, fees under this Agreement, legal fees, accounting fees, transfer agent fees, legal fees, and other operating expenses of the Fund (whether or not such expenses are to be in whole or part capitalized or treated as deferred expenses);
5(iv) For the payment purchase or sale of any dividends declared foreign exchange or foreign exchange contracts for the Fund, including transactions executed with or through the Custodian or its Foreign Sub-Custodians subject to terms as agreed upon by the Boardparties from time to time;
6(v) In connection with trading in options and futures contracts, including delivery as original margin and variation margin;
(vi) Upon the purchase of foreign investments including, without limitation, repurchase agreement transactions involving delivery of Fund 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 amount of dividends received in respect of investments securities sold short;
7(viii) For repayment of a loan upon redelivery of pledged securities and upon surrender of the note(s), if any, evidencing the loan; or
8) In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is held by the Custodian, the Custodian shall act as the Fund’s "securities intermediary"(as that term is defined in Part 5 borrowing or lending of Article 8 of the Massachusetts Uniform Commercial Code, as amended), foreign securities; and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund:
(a) provide the Fund with notification of the receipt of the purchased securities, and (b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held in the Custodian’s account at the Federal Reserve Bank. In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held by the Custodian, the Custodian shall (a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund securities as shown in the Custodian’s account on the books of the entity appointed by the Fund to hold such collateral.
9ix) For any other purpose, but only upon receipt of Proper Instructions specifying (aA) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, and (cB) naming the person or persons to whom such payment is to be made.
Appears in 4 contracts
Samples: Custodian Agreement (Clough Global Opportunities Fund), Custodian Agreement (Clough Global Equity Fund), Custodian Agreement (Clough Global Dividend & Income Fund)
Payment of Fund Monies. Upon receipt of Proper Instructions, which may be continuing instructions when agreed to deemed appropriate by the parties, the Custodian shallshall pay out, from or direct the respective Foreign Sub-Custodian or the respective Foreign Securities System to pay out, monies of the Fund held by the Custodian, pay out such monies in the following cases only:
1(i) Upon upon the purchase of domestic investments, options, futures contracts or options on futures contracts foreign securities for the account of Fund, unless otherwise directed by Proper Instructions, by (A) delivering money to the Fund but only seller thereof or to a dealer therefor (aor an agent for such seller or dealer) against the expectation of receiving later delivery of such investments, foreign securities; or evidence of title to such options, 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 1940 Act to act as a custodian and has been designated by the Custodian as its agent for this purpose in accordance with Section 2.8) 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; (bB) in the case of a purchase effected through a U.S. Foreign Securities System, in accordance with the conditions set forth in Section 2.9 hereof; rules governing the operation of such Foreign Securities System;
(cii) in the case of a purchase involving the Direct Paper System, in accordance connection with the conditions set forth in Section 2.10 hereof; or (d) for transfer to a time deposit account of the Fund in any bank, whether domestic or foreign, such transfer may be effected prior to receipt of a confirmation from a broker and/or the applicable bank pursuant to Proper Instructions;
2) In connection with conversion, exchange or surrender of investments owned by foreign securities of the Fund as set forth in Section 2.2 hereofFund;
3(iii) For the redemption or repurchase of Shares as set forth in Section 4 hereof;
4) For for the payment of any expense or liability incurred by of the Fund, including but not limited to the following payments for the account of the Fundpayments: interest, taxes, management investment advisory fees, transfer agency fees, fees under this Agreement, legal fees, accounting fees, transfer agent feesand other operating expenses;
(iv) for the purchase or sale of foreign exchange or foreign exchange contracts for the Fund, legal fees, and operating expenses including transactions executed with or through the Custodian or its Foreign Sub-Custodians;
(v) for delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund;
(vi) for payment of part or all 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 by the Board;
6) For payment of the amount of dividends received in respect of investments securities sold short;
7(vii) For repayment of a loan upon redelivery of pledged securities and upon surrender of the note(s), if any, evidencing the loan; or
8) In for delivery in connection with any repurchase agreement entered into loans of foreign securities made by the Fund Fund, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with respect to any loans for which the collateral is held by the Custodian, the Custodian shall act as the Fund’s "securities intermediary"(as that term is defined in Part 5 of Article 8 of the Massachusetts Uniform Commercial Code, as amended), and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund: (a) provide the Fund with notification of the receipt of the purchased securities, and (b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held in be credited to the Custodian’s account at in the Federal Reserve Bank. In book-entry system authorized by the U.S. Department of the Treasury, the Custodian will not be held liable or responsible for the delivery of securities owned by the Fund prior to the receipt of such collateral;
(viii) for delivery in connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held by the Custodian, the Custodian shall (a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund loans of foreign securities as shown in the Custodian’s account on the books of the entity appointed made by the Fund to hold such collateral.a third party lending agent, or the lending agent’s custodian, in accordance with Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
9(ix) For for any other purpose, but only upon receipt of Proper Instructions specifying (a) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, and (c) naming the person or persons to whom such payment is to be made.
Appears in 3 contracts
Samples: Custodian Agreement (Tekla World Healthcare Fund), Custodian Agreement (Tekla Healthcare Opportunities Fund), Custodian Agreement (RMR Asia Real Estate Fund)
Payment of Fund Monies. Upon receipt of Proper InstructionsInstructions from the Fund on behalf of the applicable Portfolio, which may be continuing instructions when agreed to deemed appropriate by the parties, the Custodian shallshall pay out, from or direct its foreign sub-custodians to pay out, monies of the Fund held by the Custodian, pay out such monies a Portfolio in the following cases only:
1(a) Upon the purchase of domestic investmentsforeign securities, options, futures contracts or options on futures contracts for the account of Portfolio, unless otherwise directed by Proper Instructions, by (i) delivering money to the Fund but only seller thereof or to a dealer therefor (a) or an agent for such seller or dealer), against the delivery of such investments, or evidence of title to such options, futures contracts or options on futures contracts, securities to the Custodian foreign sub-custodian; or (or any bank, banking firm or trust company doing business in the United States or abroad which is qualified under the 1940 Act to act as a custodian and has been designated by the Custodian as its agent for this purpose ii) in accordance with Section 2.8) registered the customarily established securities trading practices generally accepted by Institutional Clients in the name jurisdiction or market in which the transaction occurs, against expectation of the Fund receiving later delivery of such securities; or in the name of a nominee of the Custodian referred to in Section 2.3 hereof or in proper form for transfer; (biii) in the case of a purchase effected through a U.S. Securities Systemforeign securities system, in accordance with the conditions set forth in Section 2.9 hereof; (c) in rules governing the case operation of a purchase involving the Direct Paper System, in accordance with the conditions set forth in Section 2.10 hereof; or (d) for transfer to a time deposit account of the Fund in any bank, whether domestic or foreign, such transfer may be effected prior to receipt of a confirmation from a broker and/or the applicable bank pursuant to Proper Instructionsforeign securities system;
2(b) In connection with the conversion, exchange or surrender of investments owned by securities of the Fund Portfolio as set forth in Section 2.2 3.7 hereof;
3) For the redemption or repurchase of Shares as set forth in Section 4 hereof;
4(c) 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 FundPortfolio: interest, taxes, management feesadvisory, accounting feesadministration, accounting, transfer agent fees, and legal fees, 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(d) For the payment purchase or sale of any dividends declared by foreign exchange or foreign exchange contracts for the BoardPortfolio, including transactions executed with or through the Custodian or its foreign sub-custodians;
6(e) For payment of the amount of dividends received in respect of investments sold short;
7) For repayment of a loan upon redelivery of pledged securities and upon surrender of the note(s), if any, evidencing the loan; or
8) In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is held by the Custodiantrading in options and futures contracts, the Custodian shall act including delivery as the Fund’s "securities intermediary"(as that term is defined in Part 5 of Article 8 of the Massachusetts Uniform Commercial Code, as amended), and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund: original margin and variation margin;
(af) provide the Fund with notification of the receipt of the purchased securities, and (b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held in the Custodian’s account at the Federal Reserve Bank. In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held by the Custodian, the Custodian shall borrowing of securities;
(a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund securities as shown in the Custodian’s account on the books of the entity appointed by the Fund to hold such collateral.
9g) For any other purpose, but only upon receipt of a Certified Resolution and Proper Instructions specifying (a) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, and (c) naming the person or persons to whom such payment is to be made; and
(h) Upon termination of this Contract as hereinafter set forth, in accordance with Article 16 hereof.
Appears in 3 contracts
Samples: Custodian Contract (Warburg Pincus Trust), Custodian Contract (Warburg Pincus Institutional Fund Inc), Custodian Contract (Warburg Pincus Managed Eafe R Countries Fund Inc)
Payment of Fund Monies. Upon receipt of Proper Instructions, which may be continuing instructions when agreed to deemed appropriate by the parties, the Custodian shallshall pay out, from or direct the applicable Foreign Sub-Custodian or the applicable Foreign Securities System to pay out, monies of the Fund held by the Custodian, pay out such monies in the following cases only:
1(i) Upon upon the purchase of domestic investments, options, futures contracts or options on futures contracts foreign securities for the account of Fund, unless otherwise directed by Proper Instructions, by (A) delivering money to the Fund but only seller thereof or to a dealer therefor (aor an agent for such seller or dealer) against the expectation of receiving later delivery of such investments, foreign securities; or evidence of title to such options, 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 1940 Act to act as a custodian and has been designated by the Custodian as its agent for this purpose in accordance with Section 2.8) 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; (bB) in the case of a purchase effected through a U.S. Foreign Securities System, in accordance with the conditions set forth in Section 2.9 hereof; rules governing the operation of such Foreign Securities System;
(cii) in the case of a purchase involving the Direct Paper System, in accordance connection with the conditions set forth in Section 2.10 hereof; or (d) for transfer to a time deposit account of the Fund in any bank, whether domestic or foreign, such transfer may be effected prior to receipt of a confirmation from a broker and/or the applicable bank pursuant to Proper Instructions;
2) In connection with conversion, exchange or surrender of investments owned by foreign securities of the Fund as set forth in Section 2.2 hereofFund;
3(iii) For the redemption or repurchase of Shares as set forth in Section 4 hereof;
4) For for the payment of any expense or liability incurred by of the Fund, including but not limited to the following payments for the account of the Fundpayments: interest, taxes, management investment advisory fees, transfer agency fees, fees under this Agreement, legal fees, accounting fees, transfer agent feesand other operating expenses;
(iv) for the purchase or sale of foreign exchange or foreign exchange contracts for the Fund, legal fees, and operating expenses including transactions executed with or through the Custodian or its Foreign Sub-Custodians;
(v) for delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund;
(vi) for payment of part or all 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 by the Board;
6) For payment of the amount of dividends received in respect of investments securities sold short;
7(vii) For repayment of a loan upon redelivery of pledged securities and upon surrender of the note(s), if any, evidencing the loan; or
8) In for delivery in connection with any repurchase agreement entered into loans of foreign securities made by the Fund Fund, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with respect to any loans for which the collateral is held by the Custodian, the Custodian shall act as the Fund’s "securities intermediary"(as that term is defined in Part 5 of Article 8 of the Massachusetts Uniform Commercial Code, as amended), and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund: (a) provide the Fund with notification of the receipt of the purchased securities, and (b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held in be credited to the Custodian’s account at in the Federal Reserve Bank. In book-entry system authorized by the U.S. Department of the Treasury, the Custodian will not be held liable or responsible for the delivery of securities owned by the Fund prior to the receipt of such collateral;
(viii) for delivery in connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held by the Custodian, the Custodian shall (a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund loans of foreign securities as shown in the Custodian’s account on the books of the entity appointed made by the Fund to hold such collateral.a third party lending agent, or the lending agent’s custodian, in accordance with Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund; and
9(ix) For for any other purpose, but only upon receipt of Proper Instructions specifying (a) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, and (c) naming the person or persons to whom such payment is to be made.
Appears in 2 contracts
Samples: Custodian Agreement (New RMR Asia Pacific Real Estate Fund), Custodian Agreement (RMR Real Estate Income Fund)
Payment of Fund Monies. Upon receipt of Proper Instructions, which may be continuing instructions when agreed to deemed appropriate by the parties, the Custodian shallshall pay out, from or direct the respective Foreign Sub-Custodian or the respective Foreign Securities System to pay out, monies of the Fund held by the Custodian, pay out such monies in the following cases only:
1(i) Upon upon the purchase of domestic investments, options, futures contracts or options on futures contracts foreign securities for the account of Fund, unless otherwise directed by Proper Instructions, by (A) delivering money to the Fund but only seller thereof or to a dealer therefor (aor an agent for such seller or dealer) against the expectation of receiving later delivery of such investments, foreign securities; or evidence of title to such options, 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 1940 Act to act as a custodian and has been designated by the Custodian as its agent for this purpose in accordance with Section 2.8) 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; (bB) in the case of a purchase effected through a U.S. Foreign Securities System, in accordance with the conditions set forth in Section 2.9 hereof; rules governing the operation of such Foreign Securities System;
(cii) in the case of a purchase involving the Direct Paper System, in accordance connection with the conditions set forth in Section 2.10 hereof; or (d) for transfer to a time deposit account of the Fund in any bank, whether domestic or foreign, such transfer may be effected prior to receipt of a confirmation from a broker and/or the applicable bank pursuant to Proper Instructions;
2) In connection with conversion, exchange or surrender of investments owned by foreign securities of the Fund as set forth in Section 2.2 hereofFund;
3(iii) For the redemption or repurchase of Shares as set forth in Section 4 hereof;
4) For for the payment of any expense or liability incurred by of the Fund, including but not limited to the following payments for the account of the Fundpayments: interest, taxes, management investment advisory fees, transfer agency fees, fees under this Agreement, legal fees, accounting fees, transfer agent feesand other operating expenses;
(iv) for the purchase or sale of foreign exchange or foreign exchange contracts for the Fund, legal feesincluding transactions executed with or through the Custodian or its Foreign Sub-Custodians;
(v) in connection with trading in options and futures contracts, including delivery as original margin and operating expenses variation margin;
(vi) for payment of part or all 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 by the Board;
6) For payment of the amount of dividends received in respect of investments securities sold short;
7(vii) For repayment of a loan upon redelivery of pledged securities and upon surrender of the note(s), if any, evidencing the loan; or
8) In delivery in connection with any repurchase agreement entered into loans of foreign securities made by the Fund Fund, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with respect to any loans for which the collateral is held by the Custodian, the Custodian shall act as the Fund’s "securities intermediary"(as that term is defined in Part 5 of Article 8 of the Massachusetts Uniform Commercial Code, as amended), and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund: (a) provide the Fund with notification of the receipt of the purchased securities, and (b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held in be credited to the Custodian’s account at in the Federal Reserve Bank. In book-entry system authorized by the U.S. Department of the Treasury, the Custodian will not be held liable or responsible for the delivery of securities owned by the Fund prior to the receipt of such collateral;
(viii) For delivery in connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held by the Custodian, the Custodian shall (a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund loans of foreign securities as shown in the Custodian’s account on the books of the entity appointed made by the Fund to hold such collateral.a third party lending agent, or the lending agent’s custodian, in accordance with Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund; and
9(ix) For for any other purpose, but only upon receipt of Proper Instructions specifying (a) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, and (c) naming the person or persons to whom such payment is to be made.
Appears in 2 contracts
Samples: Custodian Agreement (SunAmerica Focused Alpha Growth Fund, Inc.), Custodian Agreement (SunAmerica Focused Alpha Large-Cap Fund, Inc.)
Payment of Fund Monies. Upon receipt of Proper Instructions, which may be continuing instructions when agreed to deemed appropriate by the parties, the Custodian shall, from shall pay out monies of the Fund held by the Custodian, pay out such monies in the following cases only:
(1) Upon the purchase of domestic investmentssecurities held domestically, options, futures contracts or options on futures contracts for the account of the Fund but only (a) against the delivery of such investmentssecurities, or evidence of title to such options, 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 1940 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 in accordance with Section 2.8purpose) 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 U.S. Securities System, in accordance with the conditions set forth in Section 2.9 2.10 hereof; (c) in the case of a purchase involving the Direct Paper System, in accordance with the conditions set forth in Section 2.10 hereof2.10A; or (d) for transfer to a time deposit account in the case of the Fund in any bank, whether domestic or foreign, such transfer may be effected prior to receipt of a confirmation from a broker and/or the applicable bank pursuant to Proper Instructions;repurchase agreements entered into between the
(2) In connection with conversion, exchange or surrender of investments 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 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 feesmanagement, accounting feesaccounting, transfer agent fees, and legal fees, 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 by pursuant to the Boardgoverning documents of the Fund;
(6) For payment of the amount of dividends received in respect of investments securities sold short;
(7) For repayment of a loan upon redelivery of pledged securities and upon surrender of the note(s), if any, evidencing the loan; or
8) In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is held by the Custodian, the Custodian shall act as the Fund’s "securities intermediary"(as that term is defined in Part 5 of Article 8 of the Massachusetts Uniform Commercial Code, as amended), and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund: (a) provide the Fund with notification of the receipt of the purchased securities, and (b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held in the Custodian’s account at the Federal Reserve Bank. In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held by the Custodian, the Custodian shall (a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund securities as shown in the Custodian’s account on the books of the entity appointed by the Fund to hold such collateral.
9) For any other proper purpose, but only upon receipt of, in addition to Proper Instructions, a certified copy of Proper Instructions a resolution of Board of Directors/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 (a) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, declaring such purpose to be a proper purpose, and (c) naming the person or persons to whom such payment is to be made.
Appears in 2 contracts
Samples: Custodian Contract (Target Funds), Custodian Contract (Target Funds)
Payment of Fund Monies. Upon receipt of Proper Instructions, which may be continuing instructions when agreed to deemed appropriate by the parties, the Sub-Custodian shall, from shall cause monies of the a Fund held by the Custodian, pay to be paid out such monies in the following cases only:
1) Upon the purchase of domestic investments, options, futures contracts or options on futures contracts securities for the account of the Fund but only (a) against the delivery of such investments, or evidence of title to such options, futures contracts or options on futures contracts, securities to the Sub-Custodian (or any bank, banking firm or trust company doing business in the United States or abroad which is qualified under the 1940 Act Act, as amended, to act as a custodian and has been designated by the Sub-Custodian as its agent for this purpose in accordance with Section 2.8purpose) 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 U.S. Securities System, in accordance with the conditions set forth in Section 2.9 2.13 hereof; or (c) in the case of a purchase involving repurchase agreements entered into between the Direct Paper SystemFund and the Sub-Custodian, or another bank, (i) against delivery of the securities either in accordance certificate form or through an entry crediting the Sub- Custodian's account at the Federal Reserve Bank with the conditions set forth in Section 2.10 hereof; such securities or (dii) for transfer to a time deposit account against delivery of the receipt evidencing purchase by the Fund in any bank, whether domestic or foreign, of securities owned by the Sub-Custodian along with written evidence of the agreement by the Sub-Custodian to repurchase such transfer may be effected prior to receipt of a confirmation securities from a broker and/or the applicable bank pursuant to Proper InstructionsFund;
2) In connection with conversion, exchange or surrender of investments securities owned by the Fund as set forth in Section 2.2 hereof;
3) For the redemption or repurchase of Shares shares issued by the Fund as set forth in Section 4 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 feesmanagement, accounting feesaccounting, custodian and Sub-Custodian, transfer agent fees, and legal fees, including the Custodian's fee; 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 by the Board;
6) For payment of the amount of dividends received in respect of investments sold short;
7) For repayment of a loan upon redelivery of pledged securities and upon surrender of the note(s), if any, evidencing the loan; or
8) In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is held by the Custodian, the Custodian shall act as the Fund’s "securities intermediary"(as that term is defined in Part 5 of Article 8 of the Massachusetts Uniform Commercial Code, as amended), and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund: (a) provide the Fund with notification of the receipt of the purchased securities, and (b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held in the Custodian’s account at the Federal Reserve Bank. In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held by the Custodian, the Custodian shall (a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund securities as shown in the Custodian’s account on the books of the entity appointed by the Fund to hold such collateral.
9) For any other purpose, but only upon receipt of Proper Instructions specifying (a) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, and (c) naming the person or persons to whom such payment is to be made.
Appears in 2 contracts
Samples: Custodian Agreement (Putnam Overseas Growth Fund), Custodian Agreement (Putnam New York Tax Exempt Money Market Fund)
Payment of Fund Monies. Upon receipt of Proper Instructions, which may be continuing instructions when agreed to deemed appropriate by the parties, the Custodian shallshall pay out, from or direct the respective Foreign Sub-Custodian or the respective Foreign Securities System to pay out, monies of the Fund held by the Custodian, pay out such monies in the following cases only:
1(i) Upon upon the purchase of domestic investments, options, futures contracts or options on futures contracts foreign securities for the account of Fund, unless otherwise directed by Proper Instructions, by (A) delivering money to the Fund but only seller thereof or to a dealer therefor (aor an agent for such seller or dealer) against the expectation of receiving later delivery of such investments, foreign securities; or evidence of title to such options, 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 1940 Act to act as a custodian and has been designated by the Custodian as its agent for this purpose in accordance with Section 2.8) 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; (bB) in the case of a purchase effected through a U.S. Foreign Securities System, in accordance with the conditions set forth in Section 2.9 hereof; rules governing the operation of such Foreign Securities System;
(cii) in the case of a purchase involving the Direct Paper System, in accordance connection with the conditions set forth in Section 2.10 hereof; or (d) for transfer to a time deposit account of the Fund in any bank, whether domestic or foreign, such transfer may be effected prior to receipt of a confirmation from a broker and/or the applicable bank pursuant to Proper Instructions;
2) In connection with conversion, exchange or surrender of investments owned by foreign securities of the Fund as set forth in Section 2.2 hereofFund;
3(iii) For the redemption or repurchase of Shares as set forth in Section 4 hereof;
4) For for the payment of any expense or liability incurred by of the Fund, including but not limited to the following payments for the account of the Fundpayments: interest, taxes, management investment advisory fees, transfer agency fees, fees under this Contract, legal fees, accounting fees, transfer agent feesand other operating expenses;
(iv) for the purchase or sale of foreign exchange or foreign exchange contracts for the Fund, legal fees, and operating expenses including transactions executed with or through the Custodian or its Foreign Sub-Custodians;
(v) for delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund;
(vi) for payment of part or all 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 by the Board;
6) For payment of the amount of dividends received in respect of investments securities sold short;
7(vii) For repayment of a loan upon redelivery of pledged securities and upon surrender of the note(s), if any, evidencing the loan; or
8) In for delivery in connection with any repurchase agreement entered into loans of foreign securities made by the Fund Fund, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with respect to any loans for which the collateral is held by the Custodian, the Custodian shall act as the Fund’s "securities intermediary"(as that term is defined in Part 5 of Article 8 of the Massachusetts Uniform Commercial Code, as amended), and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund: (a) provide the Fund with notification of the receipt of the purchased securities, and (b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held in be credited to the Custodian’s account at in the Federal Reserve Bank. In book-entry system authorized by the U.S. Department of the Treasury, the Custodian will not be held liable or responsible for the delivery of securities owned by the Fund prior to the receipt of such collateral;
(viii) for delivery in connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held by the Custodian, the Custodian shall (a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund loans of foreign securities as shown in the Custodian’s account on the books of the entity appointed made by the Fund to hold such collateral.a third party lending agent, or the lending agent’s custodian, in accordance with Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
9(ix) For for any other purpose, but only upon receipt of Proper Instructions specifying (a) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, and (c) naming the person or persons to whom such payment is to be made.
Appears in 2 contracts
Samples: Custodian Agreement (H&q Healthcare Investors), Custodian Agreement (H&q Life Sciences Investors)
Payment of Fund Monies. Upon receipt of Proper Instructions, which may be continuing instructions when agreed to by the parties, Instructions the Custodian shall, from shall pay out monies of the Fund held by the Custodian, pay out such monies in the following cases onlyor as otherwise directed in Proper Instructions:
1(a) Upon upon the purchase of domestic investments, optionsSecurities, futures contracts or options on futures contracts for the account of the Fund but only only, except as otherwise provided herein, (ai) against the delivery of such investmentssecurities, or evidence of title to such options, 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 1940 Act a Subcustodian registered pursuant to act as a custodian and has been designated by the Custodian as its agent for this purpose in accordance with Section 2.8) registered in the name of the Fund or in the name of a nominee of the Custodian referred to in Section 2.3 Subsection 3.3 hereof or in proper form for transfer; (bii) in the case of a purchase effected through a U.S. Securities System, in accordance with the conditions set forth in Section 2.9 Subsection 3.8 hereof; or (ciii) in the case of repurchase agreements entered into between the Fund and the Custodian, another bank or a purchase involving broker-dealer (A) against delivery of the Direct Paper System, Securities either in accordance certificated form to the Custodian or a Subcustodian or through an entry crediting the Custodian's account at the appropriate Federal Reserve Bank with the conditions set forth in Section 2.10 hereof; such Securities or (dB) for transfer to a time deposit account against delivery of the confirmation evidencing purchase by the Fund in any bank, whether domestic of Securities owned by the Custodian or foreign, such transfer may be effected prior broker-dealer or other bank along with written evidence of the agreement by the Custodian or such broker-dealer or other bank to receipt of a confirmation repurchase such Securities from a broker and/or the applicable bank pursuant to Proper InstructionsFund;
2(b) In in connection with conversion, exchange or surrender of investments Securities owned by the Fund as set forth in Section 2.2 Subsection 3.2 hereof;
3(c) For for the redemption or repurchase of Shares as set forth in Section 4 hereofissued by the Fund;
4(d) For 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: custodian fees, interest, taxes, management feesmanagement, accounting feesaccounting, transfer agent fees, and legal fees, fees and operating expenses of the Fund (whether or not such expenses are to be in whole or part capitalized or treated as deferred expenses);; and
5(e) For for the payment of any dividends or distributions declared by the Board;
6) For payment Board of the amount of dividends received in respect of investments sold short;
7) For repayment of a loan upon redelivery of pledged securities and upon surrender of the note(s), if any, evidencing the loan; or
8) In connection with any repurchase agreement entered into by the Fund Directors with respect to which the collateral is held by the Custodian, the Custodian shall act as the Fund’s "securities intermediary"(as that term is defined in Part 5 of Article 8 of the Massachusetts Uniform Commercial Code, as amended), and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund: (a) provide the Fund with notification of the receipt of the purchased securities, and (b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held in the Custodian’s account at the Federal Reserve Bank. In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held by the Custodian, the Custodian shall (a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund securities as shown in the Custodian’s account on the books of the entity appointed by the Fund to hold such collateralShares.
9) For any other purpose, but only upon receipt of Proper Instructions specifying (a) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, and (c) naming the person or persons to whom such payment is to be made.
Appears in 2 contracts
Samples: Custody Agreement (Franklin Balance Sheet Investment Fund), Custody Agreement (Franklin Premier Return Fund)
Payment of Fund Monies. Upon receipt of Proper Instructions, which may be continuing instructions when agreed to deemed appropriate by the parties, the Custodian shallshall pay out, from or direct the respective Foreign Sub-Custodian or the respective Foreign Securities System to pay out, monies of the Fund held by the Custodian, pay out such monies a State Street Portfolio in the following cases only:
(1) Upon upon the purchase of domestic investments, options, futures contracts or options on futures contracts Foreign Securities for the account of State Street Portfolio in accordance with customary market practice generally accepted by Institutional Clients, including, if applicable and without limitation: (A) delivering money to the Fund but only seller thereof or to a dealer therefor (aor an agent for such seller or dealer) against the expectation of receiving later delivery of such investments, Foreign Securities; or evidence of title to such options, 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 1940 Act to act as a custodian and has been designated by the Custodian as its agent for this purpose in accordance with Section 2.8) 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; (bB) in the case of a purchase effected through a U.S. Foreign Securities System, in accordance with the conditions set forth in Section 2.9 hereof; rules governing the operation of such Foreign Securities System;
(c2) in the case of a purchase involving the Direct Paper System, in accordance connection with the conditions set forth in Section 2.10 hereof; or (d) for transfer to a time deposit account of the Fund in any bank, whether domestic or foreign, such transfer may be effected prior to receipt of a confirmation from a broker and/or the applicable bank pursuant to Proper Instructions;
2) In connection with conversion, exchange or surrender of investments owned by Foreign Securities of the Fund as set forth in Section 2.2 hereofState Street Portfolio;
(3) For the redemption or repurchase of Shares as set forth in Section 4 hereof;
4) For for the payment of any expense or liability incurred by of the FundState Street Portfolio, including but not limited to the following payments for the account of the Fundpayments: interest, taxes, management management, distribution, auditing, administration, accounting, transfer agency fees, fees under this Agreement, legal fees, accounting fees, transfer agent fees, legal fees, and other operating expenses of the Fund (whether or not such expenses are to be in whole or in part capitalized capitalized, accrued or treated as deferred expenses);
(4) for the purchase or sale of foreign exchange or foreign exchange contracts for the State Street Portfolio, including transactions executed with or through the Custodian or its Foreign Sub-Custodians;
(5) For in connection with trading in options and futures contracts, including delivery as original margin and variation margin;
(6) in connection with the borrowing or lending of Foreign Securities;
(7) for the redemption or repurchase of shares issued as set forth in Section 6 hereof;
(8) for the payment of any dividends on shares declared by pursuant to the Boardgoverning documents of the Fund;
6(9) For for payment of the amount of dividends received in respect of investments securities sold short;; and
7(10) For repayment of a loan upon redelivery of pledged securities and upon surrender of the note(s), if any, evidencing the loan; or
8) In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is held by the Custodian, the Custodian shall act as the Fund’s "securities intermediary"(as that term is defined in Part 5 of Article 8 of the Massachusetts Uniform Commercial Code, as amended), and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund: (a) provide the Fund with notification of the receipt of the purchased securities, and (b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held in the Custodian’s account at the Federal Reserve Bank. In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held by the Custodian, the Custodian shall (a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund securities as shown in the Custodian’s account on the books of the entity appointed by the Fund to hold such collateral.
9) For for any other purpose, but only upon receipt of Proper Instructions from the Trust on behalf of a Fund specifying (a) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, and (c) naming the person or persons to whom such payment is to be made.
Appears in 2 contracts
Samples: Custody and Related Services Agreement (MFS Series Trust XII), Custody and Related Services Agreement (MFS Series Trust X)
Payment of Fund Monies. Upon receipt of Proper Instructions, which may be continuing instructions when agreed to deemed appropriate by the parties, the Custodian shallshall pay out, from or direct the respective Foreign Sub-Custodian or the respective Foreign Securities System to pay out, monies of the Fund held by the Custodian, pay out such monies in the following cases only:
1(i) Upon upon the purchase of domestic investments, options, futures contracts or options on futures contracts foreign securities for the account of Fund, unless otherwise directed by Proper Instructions, by (A) delivering money to the Fund but only seller thereof or to a dealer therefor (aor an agent for such seller or dealer) against the expectation of receiving later delivery of such investments, foreign securities; or evidence of title to such options, 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 1940 Act to act as a custodian and has been designated by the Custodian as its agent for this purpose in accordance with Section 2.8) 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; (bB) in the case of a purchase effected through a U.S. Foreign Securities System, in accordance with the conditions set forth in Section 2.9 hereof; rules governing the operation of such Foreign Securities System;
(cii) in the case of a purchase involving the Direct Paper System, in accordance connection with the conditions set forth in Section 2.10 hereof; or (d) for transfer to a time deposit account of the Fund in any bank, whether domestic or foreign, such transfer may be effected prior to receipt of a confirmation from a broker and/or the applicable bank pursuant to Proper Instructions;
2) In connection with conversion, exchange or surrender of investments owned by foreign securities of the Fund as set forth in Section 2.2 hereofFund;
3(iii) For the redemption or repurchase of Shares as set forth in Section 4 hereof;
4) For for the payment of any expense or liability incurred by of the Fund, including but not limited to the following payments for the account of the Fundpayments: interest, taxes, management investment advisory fees, administrative services fees, shareholder servicing fees, transfer agency fees, fees under this Contract, legal fees, accounting fees, transfer agent feesand other operating expenses;
(iv) for the purchase or sale of foreign exchange or foreign exchange contracts for the Fund, legal feesincluding transactions executed with or through the Custodian or its Foreign Sub-Custodians;
(v) in connection with trading in options and futures contracts, including delivery as original margin and operating expenses variation margin;
(vi) for payment of part or all 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 by the Board;
6) For payment of the amount of dividends received in respect of investments securities sold short;
7(vii) For repayment of a loan upon redelivery of pledged securities and upon surrender of the note(s), if any, evidencing the loan; or
8) In delivery in connection with any loans of foreign securities made by the Fund, BUT ONLY against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian will not be held liable or responsible for the delivery of securities owned by the Fund prior to the receipt of such collateral;
(viii) For delivery in connection with any loans of foreign securities made by the Fund to a third party lending agent, or the lending agent's custodian, in accordance with Proper Instructions (which may or may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(ix) for payment of cash to one or more Repo Custodians appointed by a Fund and communicated to the Custodian by Proper Instructions, including Schedule D (as may be amended from time to time) attached to this Agreement, duly executed by an authorized officer of such Fund, for the purpose of engaging in repurchase agreement entered into transactions, which payment may be made without contemporaneous receipt by the Custodian of assets in exchange therefor, and upon which delivery to such Repo Custodian in accordance with Proper Instructions from the Fund, the Custodian shall have no further responsibility or obligation to the Fund as a custodian for the Fund with respect to which the collateral is held by securities so delivered in a Free Trade, provided that, in preparing reports of monies received or paid out of the CustodianFund or of assets comprising the Fund, the Custodian shall act as be entitled to rely upon information received from time to time from the Fund’s "securities intermediary"(as that term is defined in Part 5 Repo Custodian and shall not be responsible for the accuracy or completeness of Article 8 of the Massachusetts Uniform Commercial Code, as amended), and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund: (a) provide the Fund with notification of the receipt of the purchased securities, and (b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held such information included in the Custodian’s account at the Federal Reserve Bank. In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held 's reports until such assets are received by the Custodian, the Custodian shall ;
(ax) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund securities as shown in the Custodian’s account on the books of the entity appointed by the Fund to hold such collateral.
9) For for any other purpose, but only upon receipt of Proper Instructions specifying (a) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, and (c) naming the person or persons to whom such payment is to be made.
Appears in 2 contracts
Samples: Custodian Agreement (Western Asset Claymore Us Treasury Inflation Pro Secu Fund), Custodian Agreement (Western Asset Claymore Us Treasury Inflation Pro Sec Fund 2)
Payment of Fund Monies. Upon receipt of Proper InstructionsInstructions from the Fund on behalf of the applicable Portfolio, which may be continuing instructions when agreed to by the parties, the Custodian shall, from monies of the Fund held by the Custodian, pay out such monies in the following cases only:when
1) Upon the purchase of domestic investmentssecurities, options, futures contracts or options on futures contracts for the account of the Fund Portfolio but only (a) against the delivery of such investments, securities or evidence of title to such options, futures contracts or options on futures contracts, 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 1940 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 in accordance with Section 2.8purpose) registered in the name of the Fund Portfolio 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 affected through a U.S. Securities System, in accordance with the conditions set forth in Section 2.9 2.10 hereof; (c) in the case of a purchase involving the Direct Paper System, in accordance with the conditions set forth in Section 2.10 hereof2.10A; or (d) for transfer to a time deposit account in the case of repurchase agreements entered into between the Fund on behalf of the Fund in any bank, whether domestic or foreign, such transfer may be effected prior to receipt of a confirmation from a broker and/or the applicable bank pursuant to Proper Instructions;Portfolio and the
2) In connection with conversion, exchange or surrender of investments securities owned by the Fund Portfolio as set forth in Section 2.2 hereof;
3) For the redemption or repurchase of Shares issued by the Portfolio as set forth in Section Article 4 hereof;
4) For the payment of any expense or liability incurred by the FundPortfolio, including but not limited to the following payments for the account of the Fund: interest, taxes, management fees, accounting fees, transfer agent fees, legal fees, and operating expenses of the Fund (whether or not such expenses are to be in whole or part capitalized or treated as deferred expenses);not
5) For the payment of any dividends on Shares of the Portfolio declared by pursuant to the Boardgoverning documents of the Fund;
6) For payment of the amount of dividends received in respect of investments securities sold short;
7) For repayment of a loan upon redelivery of pledged securities and upon surrender of the note(s), if any, evidencing the loan; or
8) In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is held by the Custodian, the Custodian shall act as the Fund’s "securities intermediary"(as that term is defined in Part 5 of Article 8 of the Massachusetts Uniform Commercial Code, as amended), and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund: (a) provide the Fund with notification of the receipt of the purchased securities, and (b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held in the Custodian’s account at the Federal Reserve Bank. In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held by the Custodian, the Custodian shall (a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund securities as shown in the Custodian’s account on the books of the entity appointed by the Fund to hold such collateral.
9) For any other proper purpose, but only upon receipt of of, in addition to Proper Instructions from the Fund on behalf of the Portfolio, a certified copy of a resolution of the 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 Assistant Secretary, specifying (a) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, declaring such purpose to be a proper purpose, and (c) naming the person or persons to whom such payment is to be made.
Appears in 1 contract
Samples: Custodian Contract (American General Series Portfolio Co /Tx)
Payment of Fund Monies. Upon receipt of Proper Instructions, which may be continuing instructions when agreed to deemed appropriate by the parties, the Custodian shall, from shall pay out monies of the Fund held by the Custodian, pay out such monies in the following cases only:
(1) Upon the purchase of domestic investmentssecurities held domestically, options, futures contracts or options on futures contracts for the account of the Fund but only (a) against the delivery of such investmentssecurities, or evidence of title to such options, 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 1940 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 in accordance with Section 2.8purpose) 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 U.S. Securities System, in accordance with the conditions set forth in Section 2.9 2.10 hereof; (c) in the case of a purchase involving the Direct Paper System, in accordance with the conditions set forth in Section 2.10 hereof; or accordance
(d) for transfer to a time deposit account of the Fund in any bank, whether domestic or foreign, such transfer may be effected prior to receipt of a confirmation from a broker and/or the applicable bank pursuant to Proper Instructions;
2) In connection with conversion, exchange or surrender of investments 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 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 feesmanagement, accounting feesaccounting, transfer agent fees, and legal fees, and operating expenses of the Fund (whether or not such expenses are to be in whole or part capitalized or treated as deferred expenses);or
(5) For the payment of any dividends declared by pursuant to the Boardgoverning documents of the Fund;
(6) For payment of the amount of dividends received in respect of investments securities sold short;
(7) For repayment of a loan upon redelivery of pledged securities and upon surrender of the note(s), if any, evidencing the loan; or
8) In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is held by the Custodian, the Custodian shall act as the Fund’s "securities intermediary"(as that term is defined in Part 5 of Article 8 of the Massachusetts Uniform Commercial Code, as amended), and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund: (a) provide the Fund with notification of the receipt of the purchased securities, and (b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held in the Custodian’s account at the Federal Reserve Bank. In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held by the Custodian, the Custodian shall (a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund securities as shown in the Custodian’s account on the books of the entity appointed by the Fund to hold such collateral.
9) For any other proper purpose, but only upon receipt of, in addition to Proper Instructions, a certified copy of Proper Instructions a resolution of Board of Directors/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 (a) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, declaring such purpose to be a proper purpose, and (c) naming the person or persons to whom such payment is to be made.
Appears in 1 contract
Payment of Fund Monies. Upon receipt of Proper Instructions, which may be continuing instructions when agreed to deemed appropriate by the parties, the Custodian shallshall pay out, from or direct the respective Foreign Sub-Custodian or the respective Foreign Securities System to pay out, monies of the Fund held by the Custodian, pay out such monies in the following cases only:
1(i) Upon the purchase of domestic investments, options, futures contracts or options on futures contracts foreign securities (including cash equivalents as may be appropriate) for the account of Fund, unless otherwise directed by Proper Instructions: in accordance with the Fund but only customary or established practices and procedures in the jurisdiction or market where the transactions occur, including, without limitation, by (aA) delivering money to the seller thereof or to a dealer therefor (or an agent for such seller or dealer) against the expectation of receiving later delivery of such investments, foreign securities; or evidence of title to such options, 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 1940 Act to act as a custodian and has been designated by the Custodian as its agent for this purpose in accordance with Section 2.8) 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; (bB) in the case of a purchase effected through a U.S. Foreign Securities System, in accordance with the conditions set forth in Section 2.9 hereof; (c) in rules governing the case operation of a purchase involving the Direct Paper such Foreign Securities System, in accordance with the conditions set forth in Section 2.10 hereof; or (d) for transfer to a time deposit account of the Fund in any bank, whether domestic or foreign, such transfer may be effected prior to receipt of a confirmation from a broker and/or the applicable bank pursuant to Proper Instructions;
2(ii) In connection with the conversion, exchange or surrender of investments owned by foreign securities of the Fund as set forth in Section 2.2 hereofFund;
3) For the redemption or repurchase of Shares as set forth in Section 4 hereof;
4(iii) For the payment of any expense or liability incurred by of the Fund, including but not limited to the following payments for the account of the Fundpayments: interest, taxes, management investment advisory fees, transfer agency fees, fees under this Agreement, legal fees, accounting fees, transfer agent fees, legal fees, and other operating expenses of the Fund (whether or not such expenses are to be in whole or part capitalized or treated as deferred expenses);
5(iv) For the payment purchase or sale of any dividends declared by foreign exchange or foreign exchange contracts for the BoardFund, including transactions executed with or through the Custodian or its Foreign Sub-Custodians;
6(v) In connection with trading in options and futures contracts, including delivery as original margin and variation margin;
(vi) Upon the purchase of foreign investments including, without limitation, repurchase agreement transactions involving delivery of Fund 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 amount of dividends received in respect of investments securities sold short;
7(viii) For repayment of a loan upon redelivery of pledged securities and upon surrender of the note(s), if any, evidencing the loan; or
8) In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is held by the Custodian, the Custodian shall act as the Fund’s "securities intermediary"(as that term is defined in Part 5 borrowing or lending of Article 8 of the Massachusetts Uniform Commercial Code, as amended), foreign securities; and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund:
(a) provide the Fund with notification of the receipt of the purchased securities, and (b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held in the Custodian’s account at the Federal Reserve Bank. In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held by the Custodian, the Custodian shall (a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund securities as shown in the Custodian’s account on the books of the entity appointed by the Fund to hold such collateral.
9ix) For any other purpose, but only upon receipt of Proper Instructions specifying (aA) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, and (cB) naming the person or persons to whom such payment is to be made.
Appears in 1 contract
Samples: Master Custodian Agreement (AB Private Lending Fund)
Payment of Fund Monies. Upon receipt of Proper Instructions, which may be continuing instructions when agreed to deemed appropriate by the parties, the Custodian shall, from shall pay out monies of the Fund held by the Custodian, pay out such monies only in the following cases onlycases:
1(i) Upon upon the purchase of domestic investmentsDomestic Securities, optionsor futures contracts, options on futures contracts or options on futures forward currency contracts for the account of the Fund Fund, but only (aA) against upon the delivery of such investmentsDomestic Securities, or evidence of title to such optionsfutures contracts, futures contracts or options on futures or forward currency contracts, to the Custodian (or any bank, banking firm a sub-custodian or trust company doing business in the United States or abroad which is qualified under the 1940 Act agent appointed pursuant to act as a custodian and has been designated by the Custodian as its agent for this purpose in accordance with Section 2.8) 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 transfer2.8 hereof; (bB) in the case of a purchase effected through a U.S. Securities System, in accordance with upon receipt of advice from the conditions set forth in Section 2.9 hereofSecurities System that such Securities have been transferred to the Account; or (cC) in the case of repurchase agreements entered into between the Fund and the Custodian, or a purchase involving bank, or any other broker-dealer which is a member of NASD, upon such delivery of such Domestic Securities either in certificate form or through an entry crediting the Direct Paper System, in accordance Custodian's account at the Federal Reserve Bank of New York with the conditions set forth in Section 2.10 hereof; such Securities or (d) for transfer to a time deposit account upon delivery of the receipt evidencing purchase by this Fund in any bank, whether domestic or foreign, of such transfer may be effected prior to receipt of a confirmation from a broker and/or the applicable bank pursuant to Proper Instructions;
2) In connection with conversion, exchange or surrender of investments Securities owned by the Fund as set forth in Section 2.2 hereofCustodian along with written evidence of the agreement by the Custodian to repurchase such Securities from the Fund;
3(ii) For the redemption or in payment for repurchase of Shares as set forth in Section 4 hereofunits issued by the Fund;
4(iii) For the in 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 feesmanagement, accounting feesaccounting, transfer agent fees, and legal fees, fees and other operating expenses of the Fund (whether or not such expenses are to be in whole while or part capitalized or treated as deferred expenses);
5(iv) For the in payment of any dividends declared by distributions to members or other holders of interests or units in the BoardFund;
6(v) For in payment of the amount of dividends received in respect of investments Domestic Securities sold short;
7(vi) For repayment of a loan upon redelivery of pledged securities in connection with the dissolution and upon surrender liquidation of the note(s), if any, evidencing the loanFund; or
8) In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is held by the Custodian, the Custodian shall act as the Fund’s "securities intermediary"(as that term is defined in Part 5 of Article 8 of the Massachusetts Uniform Commercial Code, as amended), and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund: (avii) provide the Fund with notification of the receipt of the purchased securities, and (b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held in the Custodian’s account at the Federal Reserve Bank. In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held by the Custodian, the Custodian shall (a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund securities as shown in the Custodian’s account on the books of the entity appointed by the Fund to hold such collateral.
9) For for any other proper purpose, but only upon receipt of Proper Instructions specifying (a) setting forth the amount of such payment, (b) setting forth the purpose for which such payment is to be made, made and (c) naming the person or persons to whom such payment is to be made.
Appears in 1 contract
Payment of Fund Monies. Upon receipt of Proper Instructions, which may be continuing instructions when agreed to deemed appropriate by the parties, the Custodian shallshall pay out, from or direct the respective Foreign Sub-Custodian or the respective Foreign Securities System to pay out, monies of the Fund held by the Custodian, pay out such monies in the following cases only:
1(i) Upon upon the purchase of domestic investments, options, futures contracts or options on futures contracts foreign securities for the account of Fund, unless otherwise directed by Proper Instructions, by (A) delivering money to the Fund but only seller thereof or to a dealer therefor (aor an agent for such seller or dealer) against the expectation of receiving later delivery of such investments, foreign securities; or evidence of title to such options, 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 1940 Act to act as a custodian and has been designated by the Custodian as its agent for this purpose in accordance with Section 2.8) 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; (bB) in the case of a purchase effected through a U.S. Foreign Securities System, in accordance with the conditions set forth in Section 2.9 hereof; rules governing the operation of such Foreign Securities System;
(cii) in the case of a purchase involving the Direct Paper System, in accordance connection with the conditions set forth in Section 2.10 hereof; or (d) for transfer to a time deposit account of the Fund in any bank, whether domestic or foreign, such transfer may be effected prior to receipt of a confirmation from a broker and/or the applicable bank pursuant to Proper Instructions;
2) In connection with conversion, exchange or surrender of investments owned by foreign securities of the Fund as set forth in Section 2.2 hereofFund;
3(iii) For the redemption or repurchase of Shares as set forth in Section 4 hereof;
4) For for the payment of any expense or liability incurred by of the Fund, including but not limited to the following payments for the account of the Fundpayments: interest, taxes, management investment advisory fees, transfer agency fees, fees under this Contract, legal fees, accounting fees, transfer agent feesand other operating expenses;
(iv) for the purchase or sale of foreign exchange or foreign exchange contracts for the Fund, legal feesincluding transactions executed with or through the Custodian or its Foreign Sub-Custodians;
(v) in connection with trading in options and futures contracts, including delivery as original margin and operating expenses variation margin;
(vi) for payment of part or all 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 by the Board;
6) For payment of the amount of dividends received in respect of investments securities sold short;
7(vii) For repayment of a loan upon redelivery of pledged securities and upon surrender of the note(s), if any, evidencing the loan; or
8) In delivery in connection with any loans of foreign securities made by the Fund, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian will not be held liable or responsible for the delivery of securities owned by the Fund prior to the receipt of such collateral;
(viii) For delivery in connection with any loans of foreign securities made by the Fund to a third party lending agent, or the lending agent's custodian, in accordance with Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(ix) for payment of cash to one or more Repo Custodians appointed by a Fund and communicated to the Custodian by Proper Instructions, including Schedule D (as may be amended from time to time) attached to this Agreement, duly executed by an authorized officer of such Fund, for the purpose of engaging in repurchase and agreement entered into transactions, which payment may be made without contemporaneous receipt by the Custodian of assets in exchange therefor, and upon which delivery to such Repo Custodian in accordance with Proper Instructions from the Fund, the Custodian shall have no further responsibility or obligation to the Fund as a custodian for the Fund with respect to which the collateral is held by securities so delivered in a Free Trade, provided that, in preparing reports of monies received or paid out of the CustodianFund or of assets comprising the Fund, the Custodian shall act as be entitled to rely upon information received from time to time from the Fund’s "securities intermediary"(as that term is defined in Part 5 Repo Custodian and shall not be responsible for the accuracy or completeness of Article 8 of the Massachusetts Uniform Commercial Code, as amended), and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund: (a) provide the Fund with notification of the receipt of the purchased securities, and (b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held such information included in the Custodian’s account at the Federal Reserve Bank. In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held 's reports until such assets are received by the Custodian, the Custodian shall ;
(ax) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund securities as shown in the Custodian’s account on the books of the entity appointed by the Fund to hold such collateral.
9) For for any other purpose, but only upon receipt of Proper Instructions specifying (a) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, and (c) naming the person or persons to whom such payment is to be made.
Appears in 1 contract
Samples: Custodian Agreement (Western Asset Premier Bond Fund)
Payment of Fund Monies. Upon receipt of Proper InstructionsInstructions from the Fund on behalf of the applicable Portfolio, which may be be-continuing instructions when agreed to deemed appropriate by the parties, the Custodian shall, from shall pay out monies of the Fund held by the Custodian, pay out such monies a Portfolio in the following cases only:
1) Upon the purchase of domestic investmentssecurities, options, futures contracts or options on futures contracts for the account of the Fund Portfolio but only (a) against the delivery of such investments, securities or evidence of title to such options, futures contracts or options on futures contracts, 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 1940 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 in accordance with Section 2.8) 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 U.S. Securities System, in accordance with the conditions set forth in Section 2.9 hereof; (c) in the case of a purchase involving the Direct Paper System, in accordance with the conditions set forth in Section 2.10 hereof; or (d) for transfer to a time deposit account of the Fund in any bank, whether domestic or foreign, such transfer may be effected prior to receipt of a confirmation from a broker and/or the applicable bank pursuant to Proper Instructions;as,
2) In connection with conversion, exchange or surrender of investments securities owned by the Fund Portfolio as set forth in Section 2.2 hereof;,
3) For the redemption or repurchase of Shares issued by the Portfolio as set forth in Section Article 4 hereof;
4) For the payment of any expense or liability incurred by the FundPortfolio, including but not limited to the following payments for the account of the FundPortfolio: interest, taxes, management feesmanagement, accounting feesaccounting, transfer agent fees, and legal fees, 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 on Shares of the Portfolio declared by pursuant to the Boardgoverning documents of the Fund;
6) For payment of the amount of dividends received in respect of investments securities sold short;
7) For repayment of a loan upon redelivery of pledged securities and upon surrender of the note(s), if any, evidencing the loan; or
8) In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is held by the Custodian, the Custodian shall act as the Fund’s "securities intermediary"(as that term is defined in Part 5 of Article 8 of the Massachusetts Uniform Commercial Code, as amended), and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund: (a) provide the Fund with notification of the receipt of the purchased securities, and (b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held in the Custodian’s account at the Federal Reserve Bank. In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held by the Custodian, the Custodian shall (a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund securities as shown in the Custodian’s account on the books of the entity appointed by the Fund to hold such collateral.
9) For any other proper purpose, but only upon receipt of of, in addition to Proper Instructions from the Fund on behalf of the Portfolio, a certified copy of a resolution of the 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 Assistant Secretary, specifying (a) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, and (c) naming the person or persons to whom such payment is to be made.declaring,
Appears in 1 contract
Samples: Custodian Contract (Merrill Lynch Global Convertible Securities Fund Inc)
Payment of Fund Monies. Upon receipt of Proper Instructions, which may be continuing instructions when agreed to deemed appropriate by the parties, the Custodian shall, from shall pay out monies of the Fund held by the Custodian, pay out such monies in the following cases only:
(1) Upon the purchase of domestic investmentssecurities held domestically, options, futures contracts or options on futures contracts for the account of the Fund but only (a) against the delivery of such investmentssecurities, or evidence of title to such options, 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 1940 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 in accordance with Section 2.8purpose) 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 U.S. Securities System, in accordance with the conditions set forth in Section 2.9 hereof; (c) in the case of a purchase involving the Direct Paper System, in accordance with the conditions set forth in Section 2.10 hereof; or (dc) for transfer to a time deposit account of in the Fund in any bank, whether domestic or foreign, such transfer may be effected prior to receipt of a confirmation from a broker and/or the applicable bank pursuant to Proper Instructions;case
(2) In connection with conversion, exchange or surrender of investments 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 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 feesmanagement, accounting feesaccounting, transfer agent fees, and legal fees, 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 by pursuant to the Boardgoverning documents of the Fund;
(6) For payment of the amount of dividends received in respect of investments securities sold short;
(7) For repayment of a loan upon redelivery of pledged securities and upon surrender of the note(s), if any, evidencing the loan; or
8) In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is held by the Custodian, the Custodian shall act as the Fund’s "securities intermediary"(as that term is defined in Part 5 of Article 8 of the Massachusetts Uniform Commercial Code, as amended), and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund: (a) provide the Fund with notification of the receipt of the purchased securities, and (b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held in the Custodian’s account at the Federal Reserve Bank. In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held by the Custodian, the Custodian shall (a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund securities as shown in the Custodian’s account on the books of the entity appointed by the Fund to hold such collateral.
9) For any other proper purpose, but only upon receipt of, in addition to Proper Instructions, a certified copy of Proper Instructions a resolution of Board of Directors/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 (a) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, declaring such purpose to be a proper purpose, and (c) naming the person or persons to whom such payment is to be made.
Appears in 1 contract
Payment of Fund Monies. Upon receipt of Proper Instructions, which may be continuing instructions when agreed to deemed appropriate by the parties, the Custodian shallshall pay out, from or direct the respective Foreign Sub-Custodian or the respective Foreign Securities System to pay out, monies of the Fund held by the Custodian, pay out such monies in the following cases only:
1(i) Upon upon the purchase of domestic investments, options, futures contracts or options on futures contracts foreign securities for the account of Fund, unless otherwise directed by Proper Instructions, by (A) delivering money to the Fund but only seller thereof or to a dealer therefor (aor an agent for such seller or dealer) against the expectation of receiving later delivery of such investments, foreign securities; or evidence of title to such options, 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 1940 Act to act as a custodian and has been designated by the Custodian as its agent for this purpose in accordance with Section 2.8) 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; (bB) in the case of a purchase effected through a U.S. Foreign Securities System, in accordance with the conditions set forth in Section 2.9 hereof; rules governing the operation of such Foreign Securities System;
(cii) in the case of a purchase involving the Direct Paper System, in accordance connection with the conditions set forth in Section 2.10 hereof; or (d) for transfer to a time deposit account of the Fund in any bank, whether domestic or foreign, such transfer may be effected prior to receipt of a confirmation from a broker and/or the applicable bank pursuant to Proper Instructions;
2) In connection with conversion, exchange or surrender of investments owned by foreign securities of the Fund as set forth in Section 2.2 hereofFund;
3(iii) For the redemption or repurchase of Shares as set forth in Section 4 hereof;
4) For for the payment of any expense or liability incurred by of the Fund, including but not limited to the following payments for the account of the Fundpayments: interest, taxes, management investment advisory fees, transfer agency fees, fees under this Contract, legal fees, accounting fees, transfer agent feesand other operating expenses;
(iv) for the purchase or sale of foreign exchange or foreign exchange contracts for the Fund, legal feesincluding transactions executed with or through the Custodian or its Foreign Sub-Custodians;
(v) in connection with trading in options and futures contracts, including delivery as original margin and operating expenses variation margin;
(vi) for payment of part or all 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 by the Board;
6) For payment of the amount of dividends received in respect of investments securities sold short;
7(vii) For repayment delivery in connection with any loans of a loan foreign securities made by the Fund, BUT ONLY against receipt of adequate collateral as agreed upon redelivery from time to time by the Custodian and the Fund, which may be in the form of pledged securities and upon surrender cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian's account in the book-entry system authorized by the U.S. Department of the note(s)Treasury, the Custodian will not be held liable or responsible for the delivery of securities owned by the Fund prior to the receipt of such collateral;
(viii) For delivery in connection with any loans of foreign securities made by the Fund to a third party lending agent, or the lending agent's custodian, in accordance with Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
(ix) for payment of cash to one or more Repo Custodians, if any, evidencing appointed by the loan; or
8) In connection Fund and communicated to the Custodian by Proper Instructions, including Schedule D (as may be amended from time to time) attached to this Agreement, duly executed by an authorized officer of the Fund, for the purpose of engaging in repurchase and agreement transactions, which payment may be made without contemporaneous receipt by the Custodian of assets in exchange therefor, and upon which delivery to such Repo Custodian in accordance with any repurchase agreement entered into by Proper Instructions from the Fund, the Custodian shall have no further responsibility or obligation to the Fund as a custodian for the Fund with respect to which the collateral is held by securities so delivered in a Free Trade, provided that, in preparing reports of monies received or paid out of the CustodianFund or of assets comprising the Fund, the Custodian shall act as be entitled to rely upon information received from time to time from the Fund’s "securities intermediary"(as that term is defined in Part 5 Repo Custodian and shall not be responsible for the accuracy or completeness of Article 8 of the Massachusetts Uniform Commercial Code, as amended), and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund: (a) provide the Fund with notification of the receipt of the purchased securities, and (b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held such information included in the Custodian’s account at the Federal Reserve Bank. In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held 's reports until such assets are received by the Custodian, the Custodian shall ; and
(ax) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund securities as shown in the Custodian’s account on the books of the entity appointed by the Fund to hold such collateral.
9) For for any other purpose, but only upon receipt of Proper Instructions specifying (a) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, and (c) naming the person or persons to whom such payment is to be made.
Appears in 1 contract
Payment of Fund Monies. Upon receipt of Proper InstructionsInstructions from the Fund on behalf of the applicable Portfolio, which may be continuing instructions when agreed to deemed appropriate by the parties, the Custodian shall, from shall pay out monies of the Fund held by the Custodian, pay out such monies a Portfolio in the following cases only:
1) Upon the purchase of domestic investmentssecurities, options, futures contracts or options on futures contracts for the account of the Fund Portfolio but only (a) against the delivery of such investments, securities or evidence of title to such options, futures contracts or options on futures contracts, 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 Act as amended, to act as a custodian and has been designated by the Custodian as its agent for this purpose in accordance with Section 2.8) 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 U.S. Securities System, in accordance with the conditions set forth in Section 2.9 hereof; (c) in the case of a purchase involving the Direct Paper System, in accordance with the conditions set forth in Section 2.10 hereof; or (d) for transfer to a time deposit account of the Fund in any bank, whether domestic or foreign, such transfer may be effected prior to receipt of a confirmation from a broker and/or the applicable bank pursuant to Proper InstructionsInstructions from the Fund as defined in Article 5;
2) In connection with conversion, exchange or surrender of investments securities owned by the Fund Portfolio as set forth in Section 2.2 hereof;
3) For the redemption or repurchase of Shares issued by the Portfolio as set forth in Section Article 4 hereof;
4) For the payment of any expense or liability incurred by the FundPortfolio, including but not limited to the following payments for the account of the FundPortfolio: interest, taxes, management feesmanagement, accounting feesaccounting, transfer agent fees, and legal fees, 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 on Shares of the Portfolio declared by pursuant to the Boardgoverning documents of the Fund;
6) For payment of the amount of dividends received in respect of investments securities sold short;
7) For repayment of a loan upon redelivery of pledged securities and upon surrender of the note(s), if any, evidencing the loan; or
8) In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is held by the Custodian, the Custodian shall act as the Fund’s "securities intermediary"(as that term is defined in Part 5 of Article 8 of the Massachusetts Uniform Commercial Code, as amended), and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund: (a) provide the Fund with notification of the receipt of the purchased securities, and (b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held in the Custodian’s account at the Federal Reserve Bank. In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held by the Custodian, the Custodian shall (a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund securities as shown in the Custodian’s account on the books of the entity appointed by the Fund to hold such collateral.
9) For any other proper purpose, but only upon receipt of Proper Instructions specifying (a) the amount of such paymentof, (b) setting forth the purpose for which such payment is in addition to be made, and (c) naming the person or persons to whom such payment is to be made.Proper
Appears in 1 contract
Payment of Fund Monies. Upon receipt of Proper Instructions, which may be continuing instructions when agreed to deemed appropriate by the parties, the Custodian shallshall pay out, from or direct the applicable Foreign Sub-Custodian or the applicable Foreign Securities System to pay out, monies of the Fund held by the Custodian, pay out such monies in the following cases only:
1(i) Upon upon the purchase of domestic investments, options, futures contracts or options on futures contracts foreign securities for the account of Fund, unless otherwise directed by Proper Instructions, by (A) delivering money to the Fund but only seller thereof or to a dealer therefor (aor an agent for such seller or dealer) against the expectation of receiving later delivery of such investments, foreign securities; or evidence of title to such options, 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 1940 Act to act as a custodian and has been designated by the Custodian as its agent for this purpose in accordance with Section 2.8) 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; (bB) in the case of a purchase effected through a U.S. Foreign Securities System, in accordance with the conditions set forth in Section 2.9 hereof; rules governing the operation of such Foreign Securities System;
(cii) in the case of a purchase involving the Direct Paper System, in accordance connection with the conditions set forth in Section 2.10 hereof; or (d) for transfer to a time deposit account of the Fund in any bank, whether domestic or foreign, such transfer may be effected prior to receipt of a confirmation from a broker and/or the applicable bank pursuant to Proper Instructions;
2) In connection with conversion, exchange or surrender of investments owned by foreign securities of the Fund as set forth in Section 2.2 hereofFund;
3(iii) For the redemption or repurchase of Shares as set forth in Section 4 hereof;
4) For for the payment of any expense or liability incurred by of the Fund, including but not limited to the following payments for the account of the Fundpayments: interest, taxes, management investment advisory fees, transfer agency fees, fees under this Agreement, legal fees, accounting fees, transfer agent feesand other operating expenses;
(iv) for the purchase or sale of foreign exchange or foreign exchange contracts for the Fund, legal fees, and operating expenses including transactions executed with or through the Custodian or its Foreign Sub-Custodians;
(v) for delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund;
(vi) for payment of part or all 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 by the Board;
6) For payment of the amount of dividends received in respect of investments securities sold short;
7(vii) For repayment of a loan upon redelivery of pledged securities and upon surrender of the note(s), if any, evidencing the loan; or
8) In for delivery in connection with any repurchase agreement entered into loans of foreign securities made by the Fund, but only against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian will not be held liable or responsible for the delivery of securities owned by the Fund with respect prior to which the collateral is held by the Custodian, the Custodian shall act as the Fund’s "securities intermediary"(as that term is defined in Part 5 of Article 8 of the Massachusetts Uniform Commercial Code, as amended), and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund: (a) provide the Fund with notification of the receipt of the purchased securities, and such collateral;
(b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered viii) for delivery in the name of the Fund and held in the Custodian’s account at the Federal Reserve Bank. In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held by the Custodian, the Custodian shall (a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund loans of foreign securities as shown in the Custodian’s account on the books of the entity appointed made by the Fund to hold such collateral.a third party lending agent, or the lending agent's custodian, in accordance with Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund; and
9(ix) For for any other purpose, but only upon receipt of Proper Instructions specifying (a) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, and (c) naming the person or persons to whom such payment is to be made.
Appears in 1 contract
Payment of Fund Monies. Upon receipt of Proper Instructions, which may be continuing instructions when agreed to deemed appropriate by the parties, the Custodian shallshall pay out, from or direct the respective Foreign Sub-Custodian or the respective Foreign Securities System to pay out, monies of the Fund held by the Custodian, pay out such monies in the following cases only:
1(i) Upon upon the purchase of domestic investments, options, futures contracts or options on futures contracts foreign securities for the account of Fund, unless otherwise directed by Proper Instructions, by (A) delivering money to the Fund but only seller thereof or to a dealer therefor (aor an agent for such seller or dealer) against the expectation of receiving later delivery of such investments, foreign securities; or evidence of title to such options, 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 1940 Act to act as a custodian and has been designated by the Custodian as its agent for this purpose in accordance with Section 2.8) 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; (bB) in the case of a purchase effected through a U.S. Foreign Securities System, in accordance with the conditions set forth in Section 2.9 hereof; rules governing the operation of such Foreign Securities System;
(cii) in the case of a purchase involving the Direct Paper System, in accordance connection with the conditions set forth in Section 2.10 hereof; or (d) for transfer to a time deposit account of the Fund in any bank, whether domestic or foreign, such transfer may be effected prior to receipt of a confirmation from a broker and/or the applicable bank pursuant to Proper Instructions;
2) In connection with conversion, exchange or surrender of investments owned by foreign securities of the Fund as set forth in Section 2.2 hereofFund;
3(iii) For the redemption or repurchase of Shares as set forth in Section 4 hereof;
4) For for the payment of any expense or liability incurred by of the Fund, including but not limited to the following payments for the account of the Fundpayments: interest, taxes, management investment advisory fees, transfer agency fees, fees under this Agreement, legal fees, accounting fees, transfer agent feesand other operating expenses;
(iv) for the purchase or sale of foreign exchange or foreign exchange contracts for the Fund, legal fees, and operating expenses including transactions executed with or through the Custodian or its Foreign Sub-Custodians;
(v) for delivery as initial or variation margin in connection with futures or options on futures contracts entered into by the Fund;
(vi) for payment of part or all 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 by the Board;
6) For payment of the amount of dividends received in respect of investments securities sold short;
7(vii) For repayment of a loan upon redelivery of pledged securities and upon surrender of the note(s), if any, evidencing the loan; or
8) In for delivery in connection with any repurchase agreement entered into loans of foreign securities made by the Fund, BUT ONLY against receipt of adequate collateral as agreed upon from time to time by the Custodian and the Fund, which may be in the form of cash or obligations issued by the United States government, its agencies or instrumentalities, except that in connection with any loans for which collateral is to be credited to the Custodian's account in the book-entry system authorized by the U.S. Department of the Treasury, the Custodian will not be held liable or responsible for the delivery of securities owned by the Fund with respect prior to which the collateral is held by the Custodian, the Custodian shall act as the Fund’s "securities intermediary"(as that term is defined in Part 5 of Article 8 of the Massachusetts Uniform Commercial Code, as amended), and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund: (a) provide the Fund with notification of the receipt of the purchased securities, and such collateral;
(b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered viii) for delivery in the name of the Fund and held in the Custodian’s account at the Federal Reserve Bank. In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held by the Custodian, the Custodian shall (a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund loans of foreign securities as shown in the Custodian’s account on the books of the entity appointed made by the Fund to hold such collateral.a third party lending agent, or the lending agent's custodian, in accordance with Proper Instructions (which may not provide for the receipt by the Custodian of collateral therefor) agreed upon from time to time by the Custodian and the Fund;
9(ix) For for any other purpose, but only upon receipt of Proper Instructions specifying (a) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, and (c) naming the person or persons to whom such payment is to be made.
Appears in 1 contract
Samples: Custodian Agreement (RMR Asia Pacific Real Estate Fund)
Payment of Fund Monies. Upon receipt of Proper InstructionsInstructions from Fund on behalf of the applicable Portfolio, which may be continuing instructions when agreed to deemed appropriate by the parties, the Custodian shall, from shall pay out monies of the Fund held by the Custodian, pay out such monies a Portfolio in the following cases only:
1) Upon the purchase of domestic investmentssecurities, options, futures contracts or options on futures contracts for the account of the Fund Portfolio but only (a) against the delivery of such investments, securities or evidence of title to such options, futures contracts or options on futures contracts, 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 1940 Act to act as a custodian and has been designated by the Custodian as its agent for this purpose in accordance with pursuant to Section 2.82.9 hereof) registered in the name of the Fund or in the name of a nominee of the Custodian referred manner required for such instruments to in Section 2.3 hereof be held pursuant to this Agreement or in proper form for transfer; (b) in the case of a purchase effected through a U.S. Securities System, in accordance with the conditions set forth in Section 2.9 hereof; (c) in the case of a purchase involving the Direct Paper System, in accordance with the conditions set forth in Section 2.10 hereof; or (d) for transfer to a time deposit account of the Fund in any bank, whether domestic or foreign, such transfer may be effected prior to receipt of a confirmation from a broker and/or the applicable bank pursuant to Proper Instructions;through
2) In connection with conversion, exchange or surrender of investments securities owned by the Fund Portfolio as set forth in Section 2.2 hereof;
3) For the redemption or repurchase of Shares issued by the Portfolio as set forth in Section Article 4 hereof;
4) For the payment of any expense or liability incurred by the FundPortfolio, including but not limited to the following payments for the account of the FundPortfolio: interest, taxes, management feesmanagement, accounting feesaccounting, transfer agent fees, and legal fees, 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 on Shares of the Portfolio declared by pursuant to the Boardgoverning documents of Fund;
6) For payment of the amount of dividends received in respect of investments securities sold shortshort by a Portfolio;
7) For repayment of a loan any other proper purpose, BUT ONLY upon redelivery of pledged securities and upon surrender of the note(s)receipt of, if any, evidencing the loan; or
8) In connection with any repurchase agreement entered into by the in addition to Proper Instructions from Fund with respect to which the collateral is held by the Custodian, the Custodian shall act as the Fund’s "securities intermediary"(as that term is defined in Part 5 of Article 8 of the Massachusetts Uniform Commercial Code, as amended), and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund: (a) provide the Fund with notification Portfolio, a certified copy of a resolution of the receipt Board of Directors or of the purchased securities, and (b), Executive Committee of Fund signed by book-entry identify on the books an officer of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held in the Custodian’s account at the Federal Reserve Bank. In connection with any repurchase agreement entered into certified by the Fund with respect to which the collateral is not held by the Custodianits Secretary or an Assistant Secretary, the Custodian shall (a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund securities as shown in the Custodian’s account on the books of the entity appointed by the Fund to hold such collateral.
9) For any other purpose, but only upon receipt of Proper Instructions specifying (a) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, declaring such purpose to be a proper purpose, and (c) naming the person or persons to whom such payment is to be made.
Appears in 1 contract
Samples: Custody and Investment Accounting Agreement (Monument Series Fund Inc)
Payment of Fund Monies. Upon receipt of Proper Instructions, which may be continuing instructions when agreed to by the parties, Instructions the Custodian shall, from shall pay out monies of the Fund held by the Custodian, pay out such monies in the following cases onlyor as otherwise directed in Proper Instructions:
1(a) Upon upon the purchase of domestic investments, optionsSecurities, futures contracts or options on futures contracts for the account of the Fund but only only, except as otherwise provided herein, (ai) against the delivery of such investmentssecurities, or evidence of title to such options, 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 1940 Act a Subcustodian registered pursuant to act as a custodian and has been designated by the Custodian as its agent for this purpose in accordance with Section 2.8) registered in the name of the Fund or in the name of a nominee of the Custodian referred to in Section 2.3 Subsection 3.3 hereof or in proper form for transfer; (bii) in the case of a purchase effected through a U.S. Securities System, in accordance with the conditions set forth in Section 2.9 Subsection 3.8 hereof; or (ciii) in the case of repurchase agreements entered into between the Fund and the Custodian, another bank or a purchase involving broker-dealer (A) against delivery of the Direct Paper System, Securities either in accordance certificated form to the Custodian or a Subcustodian or through an entry crediting the Custodian's account at the appropriate Federal Reserve Bank with the conditions set forth in Section 2.10 hereof; such Securities or (dB) for transfer to a time deposit account against delivery of the confirmation evidencing purchase by the Fund in any bank, whether domestic of Securities owned by the Custodian or foreign, such transfer may be effected prior broker-dealer or other bank along with written evidence of the agreement by the Custodian or such broker-dealer or other bank to receipt of a confirmation repurchase such Securities from a broker and/or the applicable bank pursuant to Proper InstructionsFund;
2(b) In in connection with conversion, exchange or surrender of investments Securities owned by the Fund as set forth in Section 2.2 Subsection 3.2 hereof;
3(c) For for the redemption or repurchase of Shares as set forth in Section 4 hereofissued by the Fund;
4(d) For 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: custodian fees, interest, taxes, management feesmanagement, accounting feesaccounting, transfer agent fees, and legal fees, fees and operating expenses of the Fund (whether or not such expenses are to be in whole or part capitalized or treated as deferred expenses);; and
5(e) For for the payment of any dividends or distributions declared by the Board;
6) For payment Board of the amount of dividends received in respect of investments sold short;
7) For repayment of a loan upon redelivery of pledged securities and upon surrender of the note(s), if any, evidencing the loan; or
8) In connection with any repurchase agreement entered into by the Fund Trustees with respect to which the collateral is held by the Custodian, the Custodian shall act as the Fund’s "securities intermediary"(as that term is defined in Part 5 of Article 8 of the Massachusetts Uniform Commercial Code, as amended), and, as securities intermediary, the Custodian shall take the following steps on behalf of the Fund: (a) provide the Fund with notification of the receipt of the purchased securities, and (b), by book-entry identify on the books of the Custodian as belonging to the Fund uncertificated securities registered in the name of the Fund and held in the Custodian’s account at the Federal Reserve Bank. In connection with any repurchase agreement entered into by the Fund with respect to which the collateral is not held by the Custodian, the Custodian shall (a) provide the Fund with such notification as it may receive with respect to such collateral, and (b), by book-entry or otherwise, identify as belonging to the Fund securities as shown in the Custodian’s account on the books of the entity appointed by the Fund to hold such collateralShares.
9) For any other purpose, but only upon receipt of Proper Instructions specifying (a) the amount of such payment, (b) setting forth the purpose for which such payment is to be made, and (c) naming the person or persons to whom such payment is to be made.
Appears in 1 contract
Samples: Custody Agreement (Franklin Templeton Money Fund Trust)