Common use of PAYMENTS FROM CUSTODY ACCOUNT Clause in Contracts

PAYMENTS FROM CUSTODY ACCOUNT. Upon receipt of Proper Instructions with respect to a Portfolio but subject to its right to foreclose upon and liquidate collateral pledged to it pursuant to Section 9.3 below, Custodian shall make payments from the Custody Account of such Portfolio, but only in the following cases, provided, first, that such payments are in connection with the clearance and/or custody of securities or other assets, second, that there are sufficient funds in such Custody Account, whether belonging to such Portfolio or advanced to it by Custodian in its sole and absolute discretion as set forth in Section 3.18 below, for Custodian to make such payments, and, third, that after the making of such payments, such Portfolio would not be in violation of any margin or other requirements agreed upon pursuant to Section 3.18 below:

Appears in 4 contracts

Samples: Custody Agreement (Puget Sound Alternative Investment Series Trust), Custody Agreement (Coventry Group), Custody Agreement (Warburg Pincus Long Short Market Neutral Fund Inc)

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PAYMENTS FROM CUSTODY ACCOUNT. Upon receipt of Proper Instructions with respect to a Portfolio but subject to its right to foreclose upon and liquidate collateral pledged to it pursuant to Section 9.3 below, Custodian shall make payments from the Custody Account of such PortfolioAccount, but only in the following cases, provided, firstFIRST, that such payments are in connection with the clearance and/or custody of securities or other assets, secondSECOND, that there are sufficient funds in such Custody Account, whether belonging to such Portfolio the Company or advanced to it by Custodian in its sole and absolute discretion as set forth in Section 3.18 below, for Custodian to make such payments, and, thirdTHIRD, that after the making of such payments, such Portfolio the Company would not be in violation of any margin or other requirements agreed upon pursuant to Section 3.18 below:

Appears in 4 contracts

Samples: Exhibit 9 Custody Agreement (Cornerstone Strategic Value Fund Inc/ New), Custody Agreement (Progressive Return Fund Inc), Custody Agreement (Cornerstone Progressive Return Fund)

PAYMENTS FROM CUSTODY ACCOUNT. Upon receipt of Proper Instructions with respect to a Portfolio but subject to its right to foreclose upon and liquidate collateral pledged to it pursuant to Section 9.3 below, Custodian shall make payments from the Custody Account of such Portfolio, but only in the following cases, provided, first, that such payments are in connection with the clearance and/or custody of securities or other assets, second, that there are sufficient funds in such Custody Account, whether belonging to such Portfolio or advanced to it by Custodian in its sole and absolute discretion as set forth in Section 3.18 3.19 below, for Custodian to make such payments, and, third, that after the making of such payments, such Portfolio would not be in violation of any margin or other requirements agreed upon pursuant to Section 3.18 3.19 below:

Appears in 3 contracts

Samples: Custody Agreement (Needham Funds Inc), Custody Agreement (Blue Chip Investor Fund), Custody Agreement (Lipper Funds Inc)

PAYMENTS FROM CUSTODY ACCOUNT. Upon receipt of Proper Instructions with respect to a Portfolio Series but subject to its right to foreclose upon and liquidate collateral pledged to it pursuant to Section 9.3 8.3 below, Custodian shall make payments from the Custody Account of such PortfolioSeries, but only in the following cases, provided, first, that such payments are in connection with the clearance and/or custody of securities or other assets, second, that there are sufficient funds in such Custody Account, whether belonging to such Portfolio Series or advanced to it by Custodian in its sole and absolute discretion as set forth in Section 3.18 3.19 below, for Custodian to make such payments, and, third, that after the making of such payments, such Portfolio Series would not be in violation of any margin or other requirements agreed upon pursuant to Section 3.18 3.19 below:

Appears in 2 contracts

Samples: Custody Agreement (Underlying Funds Trust), Custody Agreement (Underlying Funds Trust)

PAYMENTS FROM CUSTODY ACCOUNT. Upon receipt of Proper Instructions with respect to a Portfolio but subject to its right to foreclose upon and liquidate collateral pledged to it pursuant to Section 9.3 9.4 below, Custodian shall make payments from the Custody Account of such Portfolio, but only in the following cases, provided, first, that such payments are in connection with the clearance and/or custody of securities or other assets, second, that there are sufficient funds in such Custody Account, whether belonging to such Portfolio or advanced to it by Custodian in its sole and absolute discretion as set forth in Section 3.18 below, for Custodian to make such payments, and, third, that after the making of such payments, such Portfolio would not be in violation of any margin or other requirements agreed upon pursuant to Section 3.18 below:

Appears in 1 contract

Samples: Custody Agreement (Third Avenue Variable Series Trust)

PAYMENTS FROM CUSTODY ACCOUNT. Upon receipt of Proper Instructions with respect to a Portfolio but subject to its right to foreclose upon and liquidate collateral pledged to it pursuant to Section 9.3 8.3 below, Custodian shall make payments from the Custody Account of such Portfolio, but only in the following cases, provided, first, that such payments are in connection with the clearance and/or custody of securities or other assets, second, that there are sufficient funds in such Custody Account, whether belonging to such Portfolio or advanced to it by Custodian in its sole and absolute discretion as set forth in Section 3.18 3.19 below, for Custodian to make such payments, and, third, that after the making of such payments, such Portfolio would not be in violation of any margin or other requirements agreed upon pursuant to Section 3.18 3.19 below:

Appears in 1 contract

Samples: Custody Agreement (Arbitrage Funds)

PAYMENTS FROM CUSTODY ACCOUNT. Upon receipt of Proper Instructions with respect to a Portfolio but subject to its right to foreclose upon and liquidate collateral pledged to it pursuant to Section 9.3 below, Custodian shall make payments from the Custody Account of such PortfolioAccount, but only in the following cases, provided, first, that such payments are in connection with the clearance and/or custody of securities or other assets, second, that there are sufficient funds in such the Custody Account, whether belonging to such the Portfolio or advanced to it by Custodian in its sole and absolute discretion as set forth in Section 3.18 3.19 below, for Custodian to make such payments, and, third, that after the making of such payments, such the Portfolio would not be in violation of any margin or other requirements agreed upon pursuant to Section 3.18 below:3.19

Appears in 1 contract

Samples: Custody Agreement (Coventry Group)

PAYMENTS FROM CUSTODY ACCOUNT. Upon receipt of Proper Instructions with respect to a Portfolio but subject to its right to foreclose upon and liquidate collateral pledged to it pursuant to Section 9.3 below, Custodian shall make payments from the Custody Account of such Portfolio, but only in the following cases, provided, firstFIRST, that such payments are in connection with the clearance and/or custody of securities or other assets, secondSECOND, that there are sufficient funds in such Custody Account, whether belonging to such Portfolio or advanced to it by Custodian in its sole and absolute discretion as set forth in Section 3.18 below, for Custodian to make such payments, and, thirdTHIRD, that after the making of such payments, such Portfolio would not be in violation of any margin or other requirements agreed upon pursuant to Section 3.18 below:

Appears in 1 contract

Samples: Custody Agreement (RBB Fund Inc)

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PAYMENTS FROM CUSTODY ACCOUNT. Upon receipt of Proper Instructions with respect to a Portfolio but subject to its right to foreclose upon and liquidate collateral pledged to it pursuant to Section 9.3 below, Custodian shall make payments from the Custody Account of such Portfolio, but only in the following cases, provided, firstFIRST, that such payments are in connection with the clearance and/or custody of securities or other assets, secondSECOND, that there are sufficient funds in such Custody Account, whether belonging to such Portfolio or advanced to it by Custodian in its sole and absolute discretion as set forth in Section 3.18 3.19 below, for Custodian to make such payments, and, thirdTHIRD, that after the making of such payments, such Portfolio would not be in violation of any margin or other requirements agreed upon pursuant to Section 3.18 3.19 below:

Appears in 1 contract

Samples: Custody Agreement (Kensington Funds)

PAYMENTS FROM CUSTODY ACCOUNT. Upon receipt of Proper Instructions ----------------------------- with respect to a Portfolio but subject to its right to foreclose upon and liquidate collateral pledged to it pursuant to Section 9.3 8.3 below, Custodian shall make payments from the Custody Account of such Portfolio, but only in the following cases, provided, first, that such payments are in connection with the ----- clearance and/or custody of securities or other assets, second, that there are ------ sufficient funds in such Custody Account, whether belonging to such Portfolio or advanced to it by Custodian in its sole and absolute discretion as set forth in Section 3.18 below, for Custodian to make such payments, and, third, that after ----- the making of such payments, such Portfolio would not be in violation of any margin or other requirements agreed upon pursuant to Section 3.18 below:

Appears in 1 contract

Samples: Custody Agreement (Bear Stearns Funds)

PAYMENTS FROM CUSTODY ACCOUNT. Upon receipt of Proper Instructions with respect to a the Portfolio but subject to its right to foreclose upon and liquidate collateral pledged to it pursuant to Section 9.3 8.3 below, Custodian shall make payments from the Custody Account of such the Portfolio, but only in the following cases, provided, first, that such payments are in connection with the clearance and/or custody of securities or other assets, second, that there are sufficient funds in such Custody Account, whether belonging to such the Portfolio or advanced to it by Custodian in its sole and absolute discretion as set forth in Section 3.18 3.15 below, for Custodian to make such payments, and, third, that after the making of such payments, such the Portfolio would not be in violation of any margin or other requirements agreed upon pursuant to Section 3.18 3.15 below:

Appears in 1 contract

Samples: Custody Agreement (Dreyfus Premier Equity Funds Inc)

PAYMENTS FROM CUSTODY ACCOUNT. Upon receipt of Proper Instructions with respect to a Portfolio but subject to its right to foreclose upon and liquidate collateral pledged to it pursuant to Section 9.3 7.3 below, Custodian shall make payments from the Custody Account of such Portfolio, but only in the following cases, provided, first, that such payments are in connection with the clearance and/or custody of securities or other assets, second, that there are sufficient funds in such Custody Account, whether belonging to such Portfolio or advanced to it by Custodian in its sole and absolute discretion as set forth in Section 3.18 3.16 below, for Custodian to make such payments, and, third, that after the making of such payments, such Portfolio would not be in violation of any margin or other requirements agreed upon pursuant to Section 3.18 3.16 below:

Appears in 1 contract

Samples: Custody Agreement (Hillview Investment Trust Ii)

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