PAYMENTS FROM CUSTODY ACCOUNT. Upon receipt of Proper Instructions 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, 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 the Custody Account, whether belonging to the Company or advanced to it by Custodian in its sole and absolute discretion as set forth in Section 3.19 below, for Custodian to make such payments, and, third, that after the making of such payments, the Company would not be in violation of any margin or other requirements agreed upon pursuant to Section 3.19 below:
Appears in 3 contracts
Samples: Custody Agreement (Kayne Anderson Energy Total Return Fund, Inc.), Custody Agreement (Kayne Anderson Energy Development Co), Form of Custody Agreement (Kayne Anderson MLP Investment CO)
PAYMENTS FROM CUSTODY ACCOUNT. Upon receipt of Proper Instructions 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, 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 the Custody Account, whether belonging to the Company Fund or advanced to it by Custodian in its sole and absolute discretion as set forth in Section 3.19 below, for Custodian to make such payments, and, third, that after the making of such payments, the Company Fund would not be in violation of any margin or other requirements agreed upon pursuant to Section 3.19 below:
Appears in 2 contracts
Samples: Custody Agreement (Wilshire Mutual Funds Inc), Custody Agreement (Wilshire Mutual Funds Inc)
PAYMENTS FROM CUSTODY ACCOUNT. Upon receipt of Proper Instructions 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, 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 the such Custody Account, whether belonging to the Company or advanced to it by Custodian in its sole and absolute discretion as set forth in Section 3.19 3.18 below, for Custodian to make such payments, and, third, that after the making of such payments, the Company would not be in violation of any margin or other requirements agreed upon pursuant to Section 3.19 3.18 below:
Appears in 1 contract
Samples: Exhibit 9 (Eis Fund Inc)
PAYMENTS FROM CUSTODY ACCOUNT. Upon receipt of Proper Instructions 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, 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 the Custody Account, whether belonging to the Company or advanced to it by Custodian in its sole and absolute discretion as set forth in Section 3.19 below, for Custodian to make such payments, and, third, that after the making of such payments, the Company would not be in violation of any margin or other requirements agreed upon pursuant to Section 3.19 below:3.19
Appears in 1 contract
Samples: Custody Agreement (Kayne Anderson MLP Investment CO)